33.1-10-23-17 - Conditions of specific licenses

33.1-10-23-17. Conditions of specific licenses

1. General terms and conditions.

a. Each specific license issued under this chapter shall be subject to all the provisions of North Dakota Century Code chapters 23.1-02, 23.1-03, and 23.1-05, now or hereafter in effect, and to all rules and orders of the department.

b. No specific license issued or granted under this chapter and no right to possess or utilize TENORM granted by any license issued under this chapter shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the department shall, after securing full information, find that the transfer is in accordance with the provisions of North Dakota Century Code chapters 23.1-02, 23.1-03, and 23.1-05, and shall give its consent in writing.

c. Each person specifically licensed under this chapter shall confine use and possession of the TENORM licensed to the locations and purposes authorized in the specific license.

d. Transfer of control.

Within thirty days of the existence of any new controlling individual or entity, the licensee shall submit to the department the name of the controlling individual or entity and a statement signed by the controlling individual or entity in which the controlling individual or entity agrees to accept responsibility for the license. The controlling individual or entity must undergo an environmental compliance background review under section 33.1-10-23-12.

e. Notification of bankruptcy.

(1) Each licensee shall notify the department, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapters of Title 11 (bankruptcy) of the United States Code by or against:

(a) The licensee;

(b) An entity [as that term is defined in 11 U.S.C. 101(15)] controlling a licensee or listing the license or licensee as property of the estate; or

(c) An affiliate [as that term is defined in 11 U.S.C. 101(2)] of the licensee.

(2) This notification shall indicate:

(a) The bankruptcy court in which the petition for bankruptcy was filed; and

(b) The date of the filing of the petition.

f. Each licensee shall notify the department in writing prior to commencing activities to reclaim the licensed facility and site.

g. Notification of site or area closure. When a licensee has permanently ceased use of radioactive materials at a site or portion of a facility and the licensee has not decontaminated the area, or when an area has not been used for a period of two years, the licensee shall, within sixty days, provide the following information in writing to the department:

(1) The location of the facility, site, or area;

(2) The plan for reclaiming or decontaminating the facility, site, or area; and

(3) An evaluation of any changes to the financial assurance submitted in accordance with section 33.1-10-23-25.

h. Temporary jobsites.

(1) When temporary jobsites are authorized on a specific license, TENORM may be used at temporary jobsites throughout North Dakota in accordance with the reciprocal recognition provisions of section 33.1-10-23-24 or 33.1-10-19, in areas not under exclusive federal jurisdiction.

(2) Before TENORM can be used at a temporary jobsite at any federal facility within North Dakota, the jurisdictional status of the jobsite shall be determined as it pertains to the TENORM. Authorization for use of TENORM at jobsites under exclusive federal jurisdiction shall be obtained from the applicable federal agency.

2. Quality control, labeling, and reports of transfer. Each person licensed under subsection 2 of section 33.1-10-23-13 shall:

a. Carry out adequate control procedures in the manufacture of the product to assure that each production lot meets the quality control standards approved by the department;

b. Label or mark each unit so that the manufacturer, processor, producer, or initial transferor of the product and the TENORM in the product can be identified; and

c. Maintain records identifying, by name and address, each person to whom TENORM is transferred for use under subsection 2 of section 33.1-10-23-04 or the equivalent rules of another licensing state, and stating the kinds, quantities, and uses of TENORM transferred. An annual summary report stating the total quantity of each radionuclide transferred under the specific license shall be filed with the department. Each report shall cover the year ending December 31, and shall be filed within ninety days thereafter. If no transfers of TENORM have been made pursuant to subsection 2 of section 33.1-10-23-13 during the reporting period, the report shall so indicate.

(Adopted by Administrative Rules Supplement 370, October 2018, effective January 1, 2019.)

General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18

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