3. A person who owns, receives, acquires,
possesses, uses or transfers radioactive material in a device under the general
license under this paragraph shall do all the following:
a. Ensure that all labels affixed to the
device at the time of receipt and bearing a statement that removal of the label
is prohibited, are maintained on the device and shall comply with all
instructions and precautions provided by such labels.
b. Ensure that the device is tested for
leakage of radioactive material and proper operation of the "on-off" mechanism
and indicator, if any, at no longer than 6-month intervals or at such other
intervals as are specified in the label, except for devices containing only
tritium, not more than 3.7 MBq (100 microcuries) of other beta and
gamma-emitting material, or 0.37 MBq (10 microcuries) of alpha-emitting
material, and devices held in storage in the original shipping container prior
to the initial installation. Devices containing only krypton need not be tested
for leakage of radioactive material.
c. Ensure that the tests required by subd. 3.
b. and other testing, installation, servicing and removal from installation
involving the radioactive material, its shielding or containment, are performed
under the instructions provided by the labels, or by a person holding an
applicable specific license from the department, the NRC, an agreement state or
a licensing state to perform such activities.
d. Maintain records showing compliance with
the requirements of subd. 3. b. and c. The records shall show the results of
tests. The records shall also show the dates of performance of tests, and the
names of persons performing, testing, installation, servicing and removal from
installation of the radioactive material, its shielding or containment. Records
of tests for leakage of radioactive material required by subd. 3. b. shall be
maintained for 3 years or until the sealed source is transferred or disposed
of. Records of tests of the "on-off" mechanism and indicator required by subd.
3. b. shall be maintained for 3 years or until the sealed source is transferred
or disposed of. Records that are required by subd. 3. c. shall be maintained
for a period of 3 years from the date of the recorded event or until the device
is transferred or disposed of.
e.
Upon the occurrence of a failure of or damage to or any indication of a
possible failure of or damage to, the shielding of the radioactive material or
the "on-off" mechanism or indicator, or upon the detection of 185 Bq (0.005
microcurie) or more removable radioactive material, shall immediately suspend
operation of the device until it has been repaired by the manufacturer or other
person holding an applicable specific license from the department, the NRC, an
agreement state or a licensing state to repair such devices, or disposed of by
transfer to a person authorized by an applicable specific license to receive
the radioactive material contained in the device. The licensee shall file a
written report containing a brief description with the department within 30
days of the event.
f. Not abandon
the device containing radioactive material.
g. Except as provided in subd. 3. h. and j.,
transfer or dispose of the device containing radioactive material only by
transfer to a specific licensee of the department, the NRC, an agreement state
or a licensing state whose specific license authorizes that person to receive
the device and within 30 calendar days after transfer of a device to a specific
licensee or export of the device shall furnish to the department a written
report containing identification of the device by manufacturer's or initial
transferor's name, model and serial number, the name, address and license
number of the person receiving the device, and the date of the
transfer.
h. Transfer the device to
another general licensee only where the device is held in storage in the
original shipping container at its intended location of use prior to initial
use by a general licensee, or where the device remains in use at a particular
location. In the latter case, the transferor shall give the transferee a copy
of sub. (2) (b) and any safety documents identified in the label on the device
and within 30 calendar days of the transfer. The licensee shall report to the
department the manufacturer's name, model and serial number of device
transferred, the name and address of the transferee, and the name, phone number
and position of an individual who may constitute a point of contact between the
department and the transferee.
i.
Comply with the provisions of s.
DHS 157.32 (1) and (2) for reporting radiation
incidents, theft or loss of licensed material, but is exempt from the other
requirements of subchs. III and X.
j. Not export the device containing byproduct
material except as allowed under 10 CFR Part
110.
k. Respond to written requests from the
department to provide information relating to the general license within 30
calendar days of the date of the request, or other time specified in the
request. If the general licensee cannot provide the requested information
within the allotted time, it shall, within the same time period, request in
writing a longer time period and provide written justification why it cannot
comply.
l. Appoint an individual
responsible for having knowledge of the appropriate requirements of this
chapter and the authority for taking required actions to comply with these
requirements. The general licensee, through this individual, shall ensure the
day-to-day compliance with the appropriate requirements of this chapter. This
appointment does not relieve the general licensee of any of its responsibility
under this chapter.
m. May not hold
devices that are not in use for longer than 2 years. If devices with shutters
are not being used, the shutter shall be locked in the closed position. The
testing required under subd. 3. b. need not be performed during the period of
storage only. When devices are put back into service or transferred to another
person, and have not been tested within the required time interval, they shall
be tested for leakage before use or transfer and the shutter tested before use.
Devices kept in standby for future use are excluded from the two-year time
limit if the general licensee performs quarterly physical inventories of these
devices while they are in standby.