Section 120.870 - Transfer of LicenseFollowing the period of post-closure observation and maintenance, the Operator may apply to transfer the facility license to the Board. The license shall be transferred under M.G.L. c. 111H, § 46 if the Department finds:
(A) That the closure of the facility has been completed in conformance with the Operator's facility closure plan, as amended and approved as part of the license;(B) That the performance objectives set forth in 105 CMR 120.811 through 120.814 are met;(C) That all records of the Operator's development, operation, closure and post-closure observations and maintenance of the facility have been transferred to the Board in compliance with M.G.L. c. 111H, § 44, and that the Board has certified the adequacy of the amount contained in the institutional control account of the Low-level Radioactive Waste Trust Fund to pay the costs of institutional control of the facility pursuant to M.G.L. c.111H, §§ 9 and 47;(D) That the Board has adopted a plan for institutional control of the facility and to accept transfer of the license, and is prepared to continue the Operator environmental monitoring program; and(E) That the Management Board is prepared to assume responsibility for and satisfy the institutional requirements as set forth in 105 CMR 120.800.