If licensed to dispose of federal facility waste, the licensee shall:

(1) arrange for and pay the costs of management, control, stabilization, and disposal of federal facility waste and the decommissioning of the licensed federal facility waste disposal activity;

(2) before accepting federal facility waste, submit to the commission a written agreement, acceptable to the executive director and signed by the United States secretary of energy, stating that the federal government will assume all right, title, and interest in land and buildings acquired under §336.710 of this title (relating to Institutional Information) for the disposal of federal facility waste, together with requisite rights of access to the land and buildings;

(3) before termination of the license, formally convey to the federal government the right, title, and interest in federal facility waste located at the federal facility waste disposal facility;

(4) transfer federal facility waste, land, and buildings to the federal government without cost to the state or federal government, other than the administrative and legal costs incurred in making the transfer; and

(5) indemnify the state, and its officers and agents, for any liability imposed on the state under state or federal law for damages, removal, or remedial action with respect to the land, the facility, or the waste accepted, stored, or disposed of, because the transfer does not relieve a license holder of liability for any act or omission before or following the transfer. This indemnification does not relieve the license holder of providing financial assurance for decommissioning, institutional control, and after decommissioning, corrective action.

Source Note: The provisions of this §336.909 adopted to be effective January 8, 2004, 29 TexReg 150