Chapter 33-10-23 is created as follows:

CHAPTER 33-10-23

REGULATION AND LICENSING OF TECHNOLOGICALLY ENHANCED 

NATURALLY OCCURRING RADIOACTIVE MATERIAL

Section

33-10-23-01 Purpose

33-10-23-02 Scope

33-10-23-03 Definitions

33-10-23-04 Exemptions

33-10-23-05 Standards for Radiation Protection for Members of the Public

33-10-23-06 Protection of Workers During Operations

33-10-23-07 Unrestricted Use and Conditional Release

33-10-23-08 Disposal and Transfer of Waste for Disposal

33-10-23-09 Prohibition - Purposeful Dilution

33-10-23-10 General License

33-10-23-11 Specific Licenses

33-10-23-12 Application and Background Review for Specific Licenses

33-10-23-13 Requirements for the Issuance of Specific Licenses

33-10-23-14 Safety Criteria for Consumer and Retail Products

33-10-23-15 Table of Doses

33-10-23-16 Issuance of Specific Licenses

33-10-23-17 Conditions of Specific Licenses 

33-10-23-18 Expiration and Termination of Specific Licenses

33-10-23-19 Renewal of Specific Licenses

33-10-23-20 Amendment of Specific Licenses at Request of Licensee

33-10-23-21 Department Action on Applications to Renew and Amend Specific 

Licenses

33-10-23-22 Modification and Revocation of Specific Licenses

33-10-23-23 Record Keeping Requirements for Site Reclamation

33-10-23-24 Reciprocal Recognition of Specific Licenses

33-10-23-25 Financial Assurance Arrangements

33-10-23-26 Acceptable Surface Contamination Levels for TENORM

33-10-23-27 Specific Licenses – Radiation Protection Program Required.

33-10-23-28 Radiation Safety Officer – Qualifications.

33-10-23-01. Purpose. This chapter establishes radiation protection standards for 

technologically enhanced naturally occurring radioactive material (TENORM). These standards 

include the possession, use, processing, manufacture, distribution, transfer, and disposal of 

TENORM and of products containing TENORM. This chapter also provides for the licensing of 

TENORM, including license termination. The provisions of this chapter are in addition to the 
definitions and applicable requirements of chapters 33-10-01, 33-10-03.1, 33-10-04.2, 33-10-

10.1, and 33-10-13.1.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-02. Scope.

1. Except as otherwise provided, this chapter applies to any person who receives, 

possesses, uses, processes, transfers, distributes, or disposes of TENORM.

2. The manufacture and distribution of products containing TENORM, in which the 

TENORM’s emitted radiation is considered beneficial to the products, are

licensed pursuant to the provisions of chapter 33-10-03.1.

3. This chapter addresses the introduction of TENORM into products in which the 

radiation emitted from the TENORM is not considered to be beneficial to the 

products. 

4. This chapter does not apply to source material and byproduct material as both are 

defined in the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.]

and relevant regulations implemented by the United States nuclear regulatory 

commission.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-03. Definitions. The terms used throughout this chapter have the same 

meaning as in North Dakota Century Code chapter 23-20.1, except: 

1. “Applicant” means a person applying for a license under this chapter and includes 

any individual or entity that owns or controls the applicant. 

2. "Beneficial to the product" means that the radioactivity of the TENORM is 

necessary to the use of the product.

3. "Conditional release" means release by a licensee for a specified use other than 

release for unrestricted use.

 
4. "Consumer" means a member of the public exposed to TENORM from final enduse products available on a retail basis.

5. "Consumer or retail product" means any product, article, or component part 

thereof, produced, distributed or sold for use by a consumer in or around a 

permanent or temporary household or residence, or for the personal use, 

consumption, or enjoyment of a consumer, or for use in or around a school or 

playground. 

6. "Critical group" means the group of individuals reasonably expected to receive 

the greatest exposure to residual radioactivity for any applicable set of 

circumstances.

7. "Generator" means any person whose act or process produces TENORM waste or 

whose act first causes the TENORM waste to become subject to regulation.

8. “Purposeful dilution” means a deliberate act of the mixing of clean or unlike 

materials with contaminated materials for the purpose of changing waste 

classification or concentration of waste.

9. "Product" means something produced, made, manufactured, refined, or 

beneficiated.

10. “Radiation safety officer” means an individual with the responsibility for the 

overall radiation safety program on behalf of the licensee and who meets the 

requirements of section 33-10-23-28.

11. "Reasonably maximally exposed individual" means a representative of a 

population who is exposed to TENORM at the maximum TENORM

concentration measured in environmental media found at a site along with 

reasonable maximum case exposure assumptions. The exposure is determined by 

using maximum values for one or more of the most sensitive parameters affecting 

exposure, based on cautious but reasonable assumptions, while leaving the others 

at their mean value.

12. “Reclaiming” means returning property to a condition or state such that the 

property no longer presents a health or safety hazard or threat to the environment; 

the term “reclaiming” includes those activities necessary to decommission the 

licensed facility (i.e., to remove, as a facility, safely from service and reduce 

residual radioactivity to a level that permits release of the property for unrestricted 

use and termination of the license). 

13. "Residual radioactivity" means radioactivity in structures, materials, soils, 

groundwater, and other media at a site resulting from activities under the 

licensee’s control. This includes radioactivity from all licensed and unlicensed 
sources used by the licensee, but excludes background radiation. It also includes 

radioactive materials remaining at the site as a result of routine or accidental 

releases of radioactive material at the site and previous burials at the site, even if 

those burials were made in accordance with the provisions of chapter 33-10-04.2.

14. “Tank” means a stationary device, other than a container as described in 

subsection 2 of section 33-10-23-08, designed to contain an accumulation of 

TENORM waste, which is constructed primarily of nonearthen materials (e.g., 

wood, concrete, steel or plastic), which provide structural support.

15. "Technologically enhanced naturally occurring radioactive material (TENORM)" 

means naturally occurring radioactive material whose radionuclide concentrations 

are increased by or as a result of past or present human practices. TENORM does 

not include background radiation or the natural radioactivity of rocks or soils. 

TENORM does not include "source material" and "byproduct material" as both 

are defined in the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et 

seq.] and relevant regulations implemented by the United States nuclear 

regulatory commission. 

16. "Transfer" means the physical relocation of TENORM within a business’ 

operation or between general or specific licensees. This term does not include 

commercial distribution or a change in legal title to TENORM that does not 

involve physical movement of those materials.

17. "Total effective dose equivalent" or "TEDE" means the sum of the effective dose 

equivalent (for external exposures) and the committed effective dose equivalent 

(for internal exposures).

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-04. Exemptions.

1. Persons who receive, possess, use, process, transfer, distribute, or dispose of 

TENORM are exempt from the requirements of this chapter with respect to any 

combination of radium-226 and radium-228 if the materials contain, or are 

contaminated at, concentrations less than one hundred eighty five becquerel per 

kilogram [five picocuries per gram (5.0 pCi/g)] excluding natural background. 

The progeny of the exempt TENORM radium-226 and radium-228 are also 

exempt. 

2. Persons who receive products or materials TENORM distributed in accordance 

with a specific license issued by the department pursuant to subsection 1 of 
section 33-10-23-11, or to an equivalent license issued by another licensing state, 

are exempt from this chapter with regard to those products or materials.

3. Persons who receive, possess, use, process, transfer and distribute, including 

preparation of custom blends for distribution, phosphate or potash ore-based 

fertilizers containing TENORM are exempt from this chapter.

4. Persons who receive, possess, use, process, transfer, dispose into a permitted 

landfill, and distribute, including preparation of custom blends for distribution, 

zirconia, zircon, and products of zirconia and zircon containing TENORM are 

exempt from this chapter. A facility that manufactures zirconia or zircon from ore 

is not exempt from this chapter. A facility that chemically processes zirconia or 

zircon resulting in increased environmental mobility of TENORM is not exempt 

from this chapter.

5. Persons who possess TENORM waste regulated by the Comprehensive 

Environmental Response, Compensation and Liability Act, as amended [42 

U.S.C. 9601 et seq.] or by the Resource Conservation and Recovery Act, as 

amended [42 U.S.C. 6901 et seq.] or equivalent state authority are exempt from 

this chapter for the TENORM waste regulated by either of these federal acts.

6. Other persons who possess or use TENORM shall be exempt when the 

department makes a determination, upon its own initiative or upon request for 

such determination, that the reasonably maximally exposed individual will not 

receive a public dose with a total effective dose equivalent (TEDE) of more than 

one millisievert [one hundred millirem] in one year from all licensed or registered 

sources of radiation including TENORM.

7. Persons who possess TENORM in the form of coal combustion byproducts from 

energy conversion facilities are exempt from this chapter.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-05. Standards for radiation protection for members of the public.

1. All licensees shall conduct operations with TENORM so that individual members 

of the public will not exceed one millisievert [one hundred millirem] TEDE in a 

year, exclusive of the dose contributions from background radiation, from all 

licensed or registered sources of radiation, including TENORM. Doses from 

inhalation of indoor radon and its short half-life (less than one hour) progeny shall 

not be included in calculations of the TEDE, except when the dose is due to 
releases from licensed operations involving the handling or processing of 

TENORM.

2. Persons subject to a specific or general license under this chapter shall comply 

with chapter 33-10-04.2’s radiation protection standards. 

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-06. Protection of workers during operations. Each person subject to a 

specific or general license under this chapter shall conduct operations so that protection of 

workers complies with chapter 33-10-04.2 and 33-10-10.1’s radiation protection standards. 

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-07. Unrestricted use and conditional release. Each general or specific 

licensee shall, no less than thirty days before vacating or relinquishing possession or control of 

premises which may have been contaminated with TENORM as a result of the licensee’s activities, 

notify the department in writing of intent to vacate. When deemed necessary by the department, the 

licensee shall decontaminate the premises in accordance with the following or in such other manner 

as the department may specify.

1. Each licensee before vacating or transferring any premises shall permanently 

decontaminate the premises to meet the criteria for decommissioning in 10 CFR part 

20, subpart E. The licensee shall make a survey shall after the decontamination and 

provide a copy to the department and any landlord, subsequent tenant or transferee. 

The premises may not be vacated, sold, or transferred until the department verifies 

and accepts the decontamination survey.

2. No machinery, instruments, laboratory equipment, or any other property 

used in contact with, or close proximity to TENORM at a licensed premise 

may be assigned, sold, leased, or transferred to an unlicensed person unless such 

property has been permanently decontaminated below or equal to the standards 

specified in table 4.2-07.1. The licensee shall make a survey after the

decontamination and provide a copy to the department and subsequent transferee or 

owner. The equipment may not be assigned, sold, leased, or transferred until the 

department verifies and accepts the decontamination survey.

3. Persons with a specific license shall comply also with the requirements of 
subdivisions f and g of subsection 1 of section 33-10-23-17 and section 33-10-23-

18 that are applicable to remediation and license termination.

4. Persons with a general license shall notify the department in writing before

beginning activities to reclaim the site. Decontamination activities require a 

specific license under 33-10-23-11.

5. Notification of site or area closure. When the general licensee has permanently 

ceased use of radioactive materials at a site or portion of a site or facility 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:

a. The location of the site or area; and

b. The plan for reclaiming or decontaminating the site or area.

6. Actions taken to confine TENORM on site or to remediate sites shall be based on 

expected longevity-related controls for one thousand years or longer. 

7. Conditional release of metal for recycle. Conditionally released metal for recycle 

shall be done only under the condition that metal contaminated with TENORM

does not exceed a maximum exposure level of fifty microroentgens per hour, 

including background radiation, at any accessible location of the metal surface 

prior to release from the site.

8. Equipment not released for unrestricted use. Equipment contaminated with 

TENORM in excess of levels specified in section 33-10-23-26 may be transferred 

pursuant to subsection 4 of section 33-10-23-10.

9. Other transfers of TENORM. Other transfers of TENORM shall be in accordance 

with sections 33-10-23-08, 33-10-23-10, or 33-10-23-11.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-08. Disposal and transfer of waste for disposal.

1. Each person subject to this chapter’s general and specific licensing requirements 

shall manage and dispose of wastes containing TENORM:

a. By transfer of the wastes for storage, treatment, or disposal at a facility 

authorized to accept wastes containing TENORM by the department or 
other applicable state or federal agency;

b. By transfer for disposal in another state as otherwise approved by the 

applicable governmental authority; or

c. In accordance with alternate methods authorized by the department or 

other applicable state or federal agency.

2. Containers:

a. TENORM waste shall be kept in a leak-proof container.

b. The licensee shall use a container made of, or lined with, materials that 

will not react with, or be incompatible with the TENORM waste to be 

stored so that the ability of the container to contain the waste is not 

impaired or compromised.

c. A container containing TENORM waste shall always be closed and sealed 

during storage, except when it is necessary to add or remove waste.

d. A container containing TENORM waste shall not be opened, handled, or 

stored in a manner that may rupture the container or cause it to leak.

e. At least quarterly, the licensee shall inspect areas where containers of 

TENORM waste are stored, looking for leaking or deteriorating containers 

or containment systems. 

f. All containers of TENORM waste shall be stacked in such a manner that 

each container identification label can be read from the access aisle or 

area.

g. Each container of TENORM waste shall be labeled with the following 

information prior to storage:

(1) Name and address of generator.

(2) Type of material (e.g., sludge, scale, dirt, scrap metal, et cetera).

(3) Date stored.

(4) Labeled as radioactive material.

h. Records of inspections shall be maintained by the licensee for inspection 

by the department for five years.
3. Tanks containing TENORM.

a. The licensee shall develop a schedule and procedure for assessing the 

condition of each tank containing TENORM waste. The schedule and 

procedure must be adequate to detect cracks, leaks, corrosion and erosion 

that may lead to cracks, leaks, or wall thinning to less than the required 

thickness to maintain vessel integrity. Procedures for emptying a tank to 

allow entry, procedures for personnel protection, and inspection of the 

interior must be established when necessary to detect corrosion of the tank 

sides and bottom. The frequency of these inspections will be determined 

based on the type of TENORM being stored, the tank construction 

material and the type of erosion or corrosion that may exist.

4. Each shipment of TENORM shall be accompanied by a manifest containing all of 

the following information prior to leaving the licensee’s site:

a. The licensee’s (generator’s) name, physical site address and telephone 

number;

b. The name, address, telephone number and radioactive material license 

number of each transporter;

c. The name, address and telephone number of the designated disposal 

facility;

d. The description of the waste material; and

e. The total quantity of all TENORM waste by units of weight in tons and 

the number and type of containers. 

5. The following certification must appear on the manifest and be signed and dated 

by the licensee as follows:

“I hereby declare that the contents of this consignment are fully and accurately 

described above by the proper shipping name and are classified, packed, marked, 

and labeled, and are in all respects in proper condition for transport according to

applicable international and national government regulations.”

6. The licensee shall:

a. Sign and date the manifest upon initial transporter acceptance of the waste 

material;
b. Obtain the signature of the initial transporter and date of the acceptance of 

the manifest;

c. Retain one copy;

d. Provide the initial transporter the remaining copies of the manifest; and

e. Receive the fully signed copy of the manifest from the designated disposal 

facility within forty-five days from the delivery to the initial transporter. 

In the event the licensee does not receive the signed manifest within this 

period, the licensee shall:

(1) Notify the department within seven days;

(2) Conduct an investigation into the reason the manifest was not 

received; and

(3) Report the results of the investigation to the department within 

thirty (30) days.

7. The licensee shall file with the department a quarterly summary report stating the 

date, type and total quantity by weight in tons, generator and final disposal facility

of each TENORM transferred . Each report shall be filed within thirty days of the 

end of each quarter. If no transfers of TENORM have been made during the 

reporting period, the report must so indicate.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-09. Prohibition - purposeful dilution. Purposeful dilution to render 

TENORM exempt shall not be performed without prior department approval. 

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-10. General licenses.

1. A general license is hereby issued to possess, use, transfer, distribute or dispose of 
TENORM without regard to quantity, except for those activities requiring a 

specific license. 

2. Employees or contractors under control and supervision of a general licensee may 

perform routine maintenance on equipment, facilities, and land owned or 

controlled by the general licensee. Maintenance that provides a pathway for 

exposure different from that found in periodic maintenance operations and that 

increases the potential for additional exposure is not considered routine 

maintenance. The decontamination of equipment, facilities, and land shall be

performed only by persons specifically licensed by the department, an agreement 

state, or another licensing agency to conduct such work.

3. Any person subject to the general license issued under this section shall notify the 

department within sixty days of the effective date of this chapter or of becoming 

subject to the general license. The notification shall include the following:

a. Name and address of the licensee;

b. Location and description of the facility, facilities, or portion of a facility 

where the TENORM is situated; and 

c. Description of the TENORM including estimates of the amount and extent 

of TENORM.

4. Transfer of material, equipment or real property.

a. The transfer of TENORM, not exempt from article 33-10, from one 

general licensee to another general licensee is authorized if:

(1) The equipment and facilities contaminated with TENORM are to 

be used by the recipient for a similar purpose, provided that no 

member of the public shall receive a dose in excess of that allowed 

under subsection 1 of section 33-10-23-05; or 

(2) The transfer of control or ownership of land contaminated with 

TENORM includes an annotation of the deed records to indicate 

the presence of TENORM. 

b. For transfers not made in accordance with subdivision a, the transferor 

shall obtain the department’s prior written approval for the transfer. 

c. For transfers made under subdivision a, the transferor shall assess the 

amount and extent of TENORM contamination or material present, inform 

the general licensee receiving the TENORM of these assessments prior to 
such transfer, and maintain records that include:

(1) The date, recipient name and location;

(2) A description and quantity of the material; and 

(3) A description of the procedures and mechanisms used to ensure 

that material will not be released in another manner, such as an 

unrestricted release.

d. A general licensee intending to transfer material or real property for 

unrestricted use shall document compliance with the requirements of 

section 33-10-23-07. Records of such compliance shall be maintained for 

ten years.

5. Distribution of TENORM products between general licensees. The distribution of 

TENORM products from one general licensee to another general licensee is 

authorized provided the product is accompanied by labels or manifests which 

identify the type and amount of TENORM. 

6. The department may, by written notice, require any person authorized by a 

general license to apply for and obtain a specific license if the department 

determines that specific licensure is necessary to ensure that exposures do not 

exceed the criteria of sections 33-10-23-05 and 33-10-23-06. The notice shall 

state the reason or reasons for requiring a specific license.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-11. Specific licenses.

1. A specific license is required to manufacture and distribute any consumer or retail 

product containing TENORM unless the manufacture and distribution are:

a. Authorized as specified by section 33-10-23-10;

b. Licensed under the provisions of chapter 33-10-03.1; or

c. Otherwise exempt in accordance with another chapter of article 33-10.

2. A specific license is required to decontaminate equipment or land not exempted 

under the provisions of section 33-10-23-04 or to decontaminate facilities 
contaminated with TENORM in excess of the levels in section 33-10-23-07. For 

purposes of this subsection, the term “decontaminate” shall not include routine 

maintenance which results in the incidental removal of contamination.

3. A specific license is required to receive TENORM from other persons for storage, 

treatment or disposal unless otherwise authorized in writing by the department.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

 

33-10-23-12. Application and background review for specific licenses.

1. Applications for specific licenses shall be in English and filed in a manner and on 

a form prescribed by the department.

2. The department may at any time after the filing of the original application, and 

before the termination of the license, require further statements in order to enable 

the department to determine whether the application shall be granted or denied or 

whether a license shall be modified or revoked.

3. An applicant must provide information required by the department to complete an 

environmental compliance background review, including:

a. Consent to a criminal history check under North Dakota Century Code 

section 12-60-24. 

b. Disclosure of personal and business information on a form provided by the 

department, executed under oath or affirmation, which includes:

(1) The person’s name and address;

(2) A description of the person's experience in managing the type of 

TENORM that will be managed under the license;

(3) A description of every civil and administrative complaint against 

the person for the violation of any state or federal environmental 

protection law which has resulted in a fine or penalty of more 

than ten thousand dollars within five years before the date of the 

submission of the application;

(4) A description of every settlement agreement entered into by the 

person with a federal or state agency to resolve any alleged
violation of any state or federal environmental protection law 

which has resulted in a payment of more than ten thousand dollars 

within five years before the date of the submission of the 

application;

(5) A description of every pending notice of violation, civil complaint, 

administrative complaint, or criminal complaint alleging the 

violation of any state or federal environmental protection law;

(6) A description of every judgment of criminal conviction entered 

against the applicant within five years before the date of 

submission of the application for the violation of any state or 

federal environmental protection law;

(7) A description of every judgment of criminal conviction of a felony 

constituting a crime involving fraud or misrepresentation under the 

laws of any state or of the United States which has been entered 

against the applicant within five years before the date of 

submission of the application; and

(8) Any other information the department deems relevant.

c. In addition to the applicant, the following related individuals and entities 

may be required to submit personal and business disclosure information:

(1) Each entity that is, or is proposed to be:

(a) A partner;

(b) An entity contracted with the applicant to operate, manage 

or supervise the facility or activities for which approval is 

being sought;

(c) An entity holding of 10% or more of the applicant's debt; 

(d) An entity holding 10% or more of the applicant's equity; 

(e) The parent corporation, holding corporation, and any other 

entity that exercises control over the facility or activities for

which approval is being sought; 

(2) Each individual which has, or is proposed to have, any of the 

following relationships with the applicant:
(a) Director;

(b) Partner;

(c) Officer;

(d) All individuals having managerial or supervisory or 

substantial decision-making authority and responsibility for 

the management of operations involving TENORM;

(e) Holder of 10% or more of the applicant's debt; 

(f) Holder of 10% or more of the applicant's equity.

4. The department may deny an application for the issuance, renewal, transfer, or

major modification based on its environmental compliance background review. 

a. Circumstances justifying denial include: 

(1) The applicant has intentionally misrepresented or concealed any 

material fact in a statement required under this section;

(2) The applicant or related individual or entity has been convicted of 

a felony or pleaded guilty or nolo contendere to a felony involving 

the laws of any state or the federal government within five years 

preceding the application for the license;

(3) The applicant or related individual or entity has been adjudicated 

in contempt of an order of any court enforcing the laws of this state 

or any other state or the federal government within five years 

preceding the application for the license; or

(4) The applicant or related individual or entity has repeatedly violated 

any state or federal environmental protection laws.

b. The department shall consider the relevance of the offense to the business 

to which the license is issued, the nature and seriousness of the offense, 

the circumstances under which the offense occurred, the date of the 

offense, and the ownership and management structure in place at the time 

of the offense.

5. Each application shall be signed by the applicant or a person duly authorized to 

act for and on the applicant’s behalf. 
6. An application for a license may include a request for a license authorizing one or 

more activities.

7. Each application for a specific license shall be accompanied by the fee prescribed 

in chapter 33-10-11.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-13. Requirements for the issuance of specific licenses.

1. A license application will be approved if the department determines that: 

a. The applicant is qualified by reason of training and experience to use the 

TENORM in question for the purpose requested in accordance with article 

33-10 in such a manner as to protect the public health and safety or 

property;

b. The applicant's proposed equipment, facilities, and procedures are 

adequate to protect the public health and safety or property;

c. The issuance of the license will not constitute a significant risk to the 

health and safety of the public;

d. The applicant satisfied all applicable special requirements in this chapter;

e. The applicant has met the financial assurance requirements of section 33-

10-23-25;

f. The applicant has adequately addressed the following items in the 

application:

(1) Procedures and equipment for monitoring and protecting workers;

(2) An evaluation of the radiation levels and concentrations of 

contamination expected during normal operations; 

(3) Operating and emergency procedures, including procedures for 

waste reduction and quality assurance of items released for 

unrestricted use; and
(4) A method for managing the radioactive material removed from 

contaminated equipment, facilities, and land.

g. For each location to be listed on the license as an authorized use location, 

the applicant shall submit either:

(1) A statement that the applicant owns the facility where radioactive 

material is to be used or stored; or

(2) A statement verifying that the facility owner has been informed, in 

writing, of the use or storage of radioactive material at the facility, 

and that the use of such material is subject to the rules of the 

department.

2. An application for a specific license to transfer or manufacture or distribute 

consumer or retail products containing TENORM to persons exempted from this 

chapter under subsection 2 of section 33-10-23-04 will be approved if:

a. The applicant satisfies the general requirements specified in subsection 1;

b. The TENORM is not contained in any food, beverage, cosmetic, drug, or 

other commodity designed for ingestion or inhalation by, or application to, 

a human being; and

c. The applicant submits sufficient information relating to the design, 

manufacture, prototype testing, quality control procedures, labeling or 

marking, and conditions of handling, storage, use, and disposal of the 

TENORM product to demonstrate that the product will meet the safety 

criteria set forth in section 33-10-23-14. The information shall include:

(1) A description of the product and its intended use or uses;

(2) The type, quantity, and concentration of TENORM in each 

product; 

(3) The chemical and physical form of the TENORM in the product, 

and changes in chemical and physical form that may occur during 

the useful life of the product;

(4) An analysis of the solubility in water and body fluids of the 

radionuclides in the product;

(5) The details of manufacture and design of the product relating to 
containment and shielding of the TENORM and other safety 

features under normal and severe conditions of handling, storage, 

use, reuse, and disposal of the product;

(6) The degree of access of human beings to the TENORM product 

during normal handling, use, and disposal;

(7) The total quantity of TENORM expected to be distributed annually 

in the product;

(8) The expected useful life of the product;

(9) The proposed method of labeling or marking each unit of the 

product with identification of the manufacturer or initial transferor 

of the product and the radionuclides and quantity of TENORM in 

the product;

(10) The procedures for prototype testing of the product to demonstrate 

the effectiveness of the containment, shielding, and other safety 

features under both normal and severe conditions of handling, 

storage, use, reuse, and disposal;

(11) The results of the prototype testing of the product, including any 

change in the form of the TENORM contained in it, the extent to 

which the TENORM may be released to the environment, any 

change in radiation levels, and any other changes in safety 

features;

(12) The estimated external radiation doses and committed dose 

equivalent relevant to the safety criteria in section 33-10-23-14 and 

the basis for such estimates;

(13) A determination that the probabilities with respect to doses 

referred to in section 33-10-23-14 meet the safety criteria;

(14) The quality control procedures to be followed in the processing of 

production lots of the product, and the quality control standards the 

product will be required to meet; and

(15) Any additional information, including experimental studies and 

tests, required by the department to facilitate a determination of the 

radiation safety of the product.
History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-14. Safety criteria for consumer and retail products. An applicant for a 

license under subsection 2 of section 33-10-23-13 shall demonstrate that the product is designed 

and will be manufactured so that:

1. In normal use and disposal of a single exempt item, and in normal handling and 

storage of the quantities of exempt items likely to accumulate in one location 

during marketing, distribution, installation, and servicing of the product, it is 

unlikely that the dose in any one year, to a suitable sample of the group of 

individuals expected to be most highly exposed to radiation or radioactive 

material from the product will exceed the doses in column I of section 33-10-23-

15. 

2. In use and disposal of a single exempt item and in handling and storage of the 

quantities of exempt items likely to accumulate in one location during marketing, 

distribution, installation, and servicing of the product, the probability is low that 

the containment, shielding, or other safety features of the product would fail under 

such circumstances that a person would receive an external radiation dose or 

committed dose equivalent in excess of the dose to the appropriate part of the 

body as specified in column II of section 33-10-23-15 and the probability is 

negligible that a person would receive an external radiation dose or committed 

dose equivalent in excess of the dose to the appropriate part of the body as 

specified in column III of section 33-10-23-15. 

 

3. It is unlikely that there will be a significant reduction in the effectiveness of the 

containment, shielding, or other safety features of the product from wear and 

abuse likely to occur in normal handling and use of the product during its useful 

life. 

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-15. Table of doses. The dose limits in this section are the doses above 

background from the product.

1. Column I doses are:

a. For the whole body; head and trunk; active blood-forming organs; gonads; 

or lens of eye - fifty microsieverts [five millirem].
b. For the hands and forearms; feet and ankles; localized areas of skin 

averaged over areas no larger than one square centimeter - seven hundred 

fifty microsieverts [seventy five millirem].

c. For other organs - one hundred fifty microsieverts [fifteen millirem].

2. Column II doses are:

a. For the whole body; head and trunk; active blood-forming organs; gonads; 

or lens of eye - five millisieverts [five hundred millirem].

b. For the hands and forearms; feet and ankles; localized areas of skin 

averaged over areas no larger than one square centimeter - seventy five 

millisieverts [seven thousand five hundred millirem].

c. For other organs - fifteen millisieverts [one thousand five hundred 

millirem].

3. Column III doses are:

a. For the whole body; head and trunk; active blood-forming organs; gonads; 

or lens of eye - one hundred fifty millisieverts [fifteen rem].

b. For ankles and forearms; feet and ankles; localized areas of skin averaged 

over areas no larger than one square centimeter - two thousand 

millisieverts [two hundred rem].

c. For other organs - five hundred millisieverts [fifty rem].

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-16. Issuance of specific licenses.

1. Upon a determination that an application meets the requirements of article 33-10, 

the department will issue a specific license authorizing the proposed activity in 

such form and containing such conditions and limitations as it deems appropriate 

or necessary.

2. The department may incorporate in any license at the time of issuance, or 

thereafter by amendment, such additional requirements and conditions with 

respect to the licensee's receipt, possession, use, and transfer of TENORM subject 

to this chapter as it deems appropriate or necessary in order to:
a. Protect public health and safety or property;

b. Require such reports and the keeping of such records, and to provide for 

such inspections of activities under the license as may be appropriate or 

necessary; and

c. Prevent loss, theft, or loss of control of TENORM subject to this chapter.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-17. 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 23-20, 23-20.1, 23-

20.2, and 23-20.5, 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 23-20, 23-20.1, 23-

20.2, and 23-20.5, and shall give its consent in writing.

c. Each person specifically licensed by the 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 (30) 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 33-10-23-12.

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 33-10-23-25.

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 33-10-23-24 or chapter 33-10-19, 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 33-10-23-13 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 33-10-23-04 

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 33-10-23-13 during the reporting period, the report 

shall so indicate.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-18. Expiration and termination of specific licenses.

1. Except as provided in subsection 2 of section 33-10-23-19, the authority to 

engage in licensed activities as specified in the specific license shall expire at the 

end of the specified day in the month and year stated therein. Any expiration date 
on a specific license applies only to the authority to engage in licensed activities. 

Expiration of a specific license shall not relieve the licensee of responsibility for 

decommissioning its facility and terminating the specific license. 

2. Each licensee shall notify the department immediately, in writing, and request 

termination of the license when the licensee decides to terminate all activities 

involving radioactive materials authorized under the license. This notification 

and request for termination shall include the documents required by subsection 4 

and shall otherwise substantiate that the licensee has met all of subsection 4’s

requirements.

3. No less than thirty days before the expiration date specified in a specific license, 

the licensee shall either:

a. Submit an application for license renewal pursuant to section 33-10-23-19; 

or

b. Notify the department, in writing, if the licensee decides not to renew the 

license. The licensee requesting termination of a license shall comply 

with the requirements of subsection 4;

4. Termination of licenses.

a. If a licensee does not submit a complete application for license renewal 

pursuant to section 33-10-23-19, the licensee shall, on or before the 

expiration date specified in the license:

(1) Terminate use of the TENORM specified in the license;

(2) Remove radioactive contamination to the level outlined in section 

33-10-23-07, to the extent practicable;

(3) Properly dispose of the TENORM specified in the license;

(4) Submit a completed department form “certificate: disposition of 

radioactive material” (SFN 18941); and 

(5) Submit a radiation monitoring report to confirm the absence of 

TENORM specified in the license or to establish the levels of 

residual radioactive contamination, unless the licensee 

demonstrates the absence of residual radioactive contamination in 

some other manner acceptable to the department. The radiation 

monitoring report shall specify the instrumentation used and certify 

that each instrument was properly calibrated and tested. The 
licensee shall, as applicable, report levels or quantities of:

(a) Beta and gamma radiation at one centimeter from surfaces 

in units, multiples, or subunits of sieverts or rem per hour 

or microroentgens per hour;

(b) Gamma radiation at one meter from surfaces in units, 

multiples, or subunits of sieverts or rem per hour or 

microroentgens per hour;

(c) Removable radioactivity on surfaces in units, multiples, or 

subunits of becquerels or curies per one hundred square 

centimeters of surface area or in disintegrations 

(transformations) per minute per one hundred square 

centimeters of surface area;

(d) Fixed radioactivity on surfaces in units, multiples, or 

subunits of becquerels or curies per one hundred square 

centimeters of surface area or in disintegrations 

(transformations) per minute per one hundred square 

centimeters of surface area;

(e) Radioactivity in contaminated liquids such as water, oils or 

solvents in units, multiples, or subunits of becquerels or 

curies per milliliter of volume or per gram of liquid; and

(f) Radioactivity in contaminated solids such as soils or 

concrete in units, multiples, or subunits of becquerels or 

curies per gram of solid.

b. If levels of residual radioactive contamination attributable to activities 

conducted under the license are less than those established in section 33-

10-23-07, the licensee shall so certify. If the department determines that 

this certification and the information submitted under subdivision a is

adequate and monitoring confirms the findings, then the department will 

notify the licensee, in writing, of the termination of the license.

c. If residual radioactive contamination attributable to activities conducted 

under the license are not in conformance with criteria established in 

section 33-10-23-07:

(1) The license continues in effect beyond the expiration date, if 

necessary, with respect to possession of residual TENORM present 

as contamination until the department notifies the licensee in 
writing that the license is terminated. During this time the licensee 

is subject to the provisions of subsection 5.

(2) In addition to the information submitted under subdivision a of 

subsection 4, the licensee shall submit a plan for decontamination 

and disposal, if required, as regards residual TENORM

contamination remaining at the time the license expires.

5. Each licensee who possesses TENORM under subdivision c of subsection 4, 

following the expiration date specified in the license, shall:

a. Limit actions involving TENORM as specified in the license to those 

related to decontamination and other activities related to preparation for 

release for unrestricted use; and

b. Continue to control entry to restricted areas until they are suitable for 

release for unrestricted use and the department notifies the licensee in 

writing that the license is terminated.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-19. Renewal of specific licenses.

1. Applications for renewal of specific licenses shall be filed in accordance with 

section 33-10-23-12.

2. In any case in which a licensee, not less than thirty days prior to expiration of an 

existing license, has filed an application in proper form for renewal or for a new 

license authorizing the same activities, the existing license shall not expire until 

final action by the department.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-20. Amendment of specific licenses at request of licensee. Applications for 

amendment of a license shall be filed in accordance with section 33-10-23-12 and shall specify 

the respects in which the licensee desires the license to be amended and the grounds for such 

amendment.

History:
General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-21. Department action on applications to renew and amend specific 

licenses. In considering an application by a licensee to renew or amend the license, the 

department will apply the criteria set forth in section 33-10-23-13.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-22. Modification and revocation of specific licenses.

1. The terms and conditions of all licenses shall be subject to amendment, revision, 

or modification or the license may be suspended or revoked by reason of 

amendments to North Dakota Century Code chapters 23-20, 23-20.1, 23-20.2, or 

23-20.5, or by reason of rules and orders issued by the department.

2. Any license may be revoked, suspended, or modified, in whole or in part, for any 

material false statement in the application or because of conditions revealed by 

such application or any report, record, or inspection or other means which would 

warrant the department to refuse to grant a license on an original application, or 

for violation of, or failure to observe any of the terms and conditions of North 

Dakota Century Code chapters 23-20, 23-20.1, 23-20.2, or 23-20.5, or of the 

license, or of any rule or order of the department.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-23. Record keeping requirements for site reclamation. Each licensee shall 

keep records of information important to the safe and effective reclamation of a facility in an 

identified location until the license is terminated by the department. If records of relevant 

information are maintained for other purposes, reference to these records and their locations may 

be used. The records must include the following information:

1. Records of spills or other unusual occurrences involving the spread of 

contamination in and around the facility, equipment or site. These records may be 

limited to instances when contamination remains after any cleanup procedures or 

when there is reasonable likelihood that contaminants may have spread to 
inaccessible areas as in the case of possible seepage into porous materials such as 

concrete. These records shall include any known information on identification of 

involved radionuclides, quantities, forms and concentrations.

2. As-built drawings and modifications of structures and equipment in restricted 

areas where radioactive materials are used or stored, and of locations of possible 

inaccessible contamination, such as buried pipes which may be subject to 

contamination. If required drawings are referenced, each relevant document need 

not be indexed individually. If drawings are not available, the licensee shall 

substitute appropriate records of available information concerning these areas and 

locations.

3. If required by section 33-10-23-25, records of this reclaiming cost estimate 

prepared for the amount approved by the department for reclaiming.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-24. Reciprocal recognition of specific licenses. 

1. Any person who holds a specific license from another agreement state or 

licensing state, issued by the agency having jurisdiction where the licensee 

maintains an office for directing the licensed activity and at which radiation safety 

records are normally maintained, is hereby granted a general license to conduct 

the activities authorized in such licensing document within North Dakota for a 

period not in excess of one hundred eighty days in any 12 month period, provided 

that:

a. A current copy of the licensing document or equivalent authorization is on 

file with the department and the authorized activities are not limited to 

specified installations or locations;

b. The out-of-state licensee notifies the department at least three days before

engaging in such activity. Such notification shall indicate the location, 

period, and type of proposed possession and use within North Dakota. 

Upon receipt from the out-of-state licensee of a written request containing

a schedule of activities to be conducted within North Dakota, the 

department may waive the requirement for additional notifications during 

the twelve-month period following the receipt of the initial notification;

c. The out-of-state licensee complies with all applicable rules of the 

department and with all the terms and conditions of the licensing 
document or equivalent authorization, except any such terms and 

conditions which may be inconsistent with article 33-10;

d. The out-of-state licensee supplies any other information necessary to show 

compliance with article 33-10; and

e. The out-of-state licensee shall not transfer or dispose of TENORM

possessed or used under the general license, except by transfer to a person:

(1) Specifically licensed by the department or by another licensing 

state to receive such TENORM; or

(2) Exempt from the requirements for a license for such TENORM

under section 33-10-23-04.

2. The department may withdraw, limit or qualify its acceptance of any specific 

license or equivalent authorization issued by a licensing state, or any product 

distributed pursuant to such license or equivalent authorization, if the department 

determines that, had the out-of-state licensee been licensed by North Dakota, the 

licensee’s license would have been subject to action under section 33-10-23-22.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-25. Financial assurance arrangements. Each licensee or applicant for a 

specific license shall post with the department financial assurance, or security, to ensure the 

protection of the public health and safety and the environment in the event of abandonment, 

default, or other inability or unwillingness of the licensee to meet the requirements of article 33-

10 and North Dakota Century Code chapter 23-20.1. Financial assurance arrangements shall:

1. Consist of surety bonds, government securities, irrevocable letters of credit, 

corporate guarantees, insurance, state funds, or any combination of these;

2. Be in an amount sufficient to meet the applicant's or licensee's obligations under 

article 33-10 and North Dakota Century Code chapter 23-20.1 and shall be based 

upon department approved cost estimates;

3. Be established prior to issuance of the license or the commencement of operations 

to assure that sufficient funds will be available to carry out the decontamination 

and decommissioning of the facility;
4. Be continuous for the duration of the license and for a period coincident with the 

applicant or licensee's responsibility under article 33-10 and North Dakota 

Century Code chapter 23-20.1;

5. Be available in North Dakota subject to judicial process and execution in the 

event required for the purposes set forth; and

6. Be established within ninety days of the initial effective date of this chapter for 

licenses in effect on that date.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-26. Acceptable surface contamination levels for TENORM.

1. Where surface contamination by both alpha and beta-gamma emitting nuclides 

exists, the limits established for alpha and beta-gamma emitting nuclides shall

apply independently. 

2. As used in this section, “disintegrations per minute” means the rate of emission by 

radioactive material as determined by correcting the counts per minute observed 

by an appropriate detector for background, efficiency, and geometric factors 

associated with the instrumentation.

3. Average contamination level.

a. For surface contamination by alpha emitting nuclides, the average 

contamination level shall not exceed five thousand disintegrations per 

minute per one hundred square centimeters of surface area.

b. For surface contamination by beta-gamma emitting nuclides, the average 

contamination level shall not exceed five thousand disintegrations per 

minute per one hundred square centimeters of surface area.

c. Measurements of average contamination level shall not be averaged over 

more than one square meter. For objects of less surface area, the average 

shall be derived for each object. 

d. The average radiation levels associated with surface contamination 

resulting from beta-gamma emitters shall not exceed two microgray per 

hour [two tenths millirad per hour] at one centimeter and ten microgray 

per hour [one millirad per hour] at one centimeter, respectively, measured 
through not more than seven milligrams per square centimeter of total 

absorber.

4. Maximum contamination level.

a. For surface contamination by alpha emitting nuclides, the maximum 

contamination level shall not exceed fifteen thousand disintegrations per 

minute per one hundred square centimeters of surface area.

b. For surface contamination by beta-gamma emitting nuclides, the 

maximum contamination level shall not exceed fifteen thousand 

disintegrations per minute per one hundred square centimeters of surface 

area.

c. The maximum contamination level applies to an area of not more than one 

hundred square centimeters.

d. The maximum radiation levels associated with surface contamination 

resulting from beta-gamma emitters shall not exceed two microgray per 

hour [two tenths millirad per hour] at one centimeter and ten microgray 

per hour [one millirad per hour] at one centimeter, respectively, measured 

through not more than seven milligrams per square centimeter of total 

absorber.

5. Limits on removable contamination.

a. For surface contamination by alpha emitting nuclides, the removable 

contamination shall not exceed one thousand disintegrations per minute 

per one hundred square centimeters of surface area.

b. For surface contamination by beta-gamma emitting nuclides, the 

removable contamination shall not exceed one thousand disintegrations 

per minute per one hundred square centimeters of surface area.

c. Measurements of average contamination level shall not be averaged over 

more than one square meter. For objects of less surface area, the average 

shall be derived for each object.

d. The amount of removable radioactive material per one hundred square 

centimeters of surface area shall be determined by wiping that area with 

dry filter or soft absorbent paper, applying moderate pressure, and 

assessing the amount of radioactive material on the wipe with an 

appropriate instrument of known efficiency. When removable 

contamination on objects of surface area A (where A is less than one 
hundred square centimeters) is determined, the entire surface shall be 

wiped and the contamination level multiplied by the quantity [one hundred 

divided by A] to convert to a “per one hundred square centimeter” basis.

e. The maximum radiation levels associated with surface contamination 

resulting from beta-gamma emitters shall not exceed two microgray per 

hour [two tenths millirad per hour] at one centimeter and ten microgray 

per hour [one millirad per hour] at one centimeter, respectively, measured 

through not more than seven milligrams per square centimeter of total 

absorber.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04

33-10-23-27. Specific licenses – radiation protection program required.

1. A licensee shall appoint a Radiation Safety Officer, who agrees, in writing, to be 

responsible for implementing the radiation protection program. The licensee, 

through the Radiation Safety Officer, shall ensure that radiation safety activities 

are being performed in accordance with licensee-approved procedures and 

regulatory requirements.

2. A licensee shall establish, in writing, the Radiation Safety Officer’s authority, 

duties, and responsibilities.

3. A licensee shall provide the Radiation Safety Officer sufficient authority, 

organizational freedom, time, resources, and management prerogative, to--

a. Identify radiation safety problems; 

b. Initiate, recommend, or provide corrective actions; 

c. Stop unsafe operations; and 

d. Verify implementation of corrective actions.

4. A licensee shall retain a record of actions taken under subsections 1 and 2 of this 

section for five years.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04
33-10-23-28. Radiation safety officer – qualifications.

1. Except for licenses exclusive to the transport of TENORM waste, the licensee 

shall require an individual fulfilling the responsibilities of the Radiation Safety 

Officer as provided in 33-10-23-27 to be an individual who:

a. Has completed a department approved training program consisting of 

both:

(1) Forty hours of classroom training in the following areas:

(a) Characteristics of radiation;

(b) Units of radiation dose and quantity of radioactivity;

(c) Hazards of exposure to radiation;

(d) Radiation detection and measurement;

(e) Minimizing radiation exposure (time, distance,

shielding, and respiratory precautions);

(f) Use and types of personnel-monitoring equipment;

(g) Proper use of protective equipment; and

(h) Transportation of licensed material; and

(2) One year of on-the job training under the supervision of a 

qualified individual (authorized user, radiation safety officer) that 

includes supervised experience performing the task(s) authorized 

on the during routine and emergency situations.

2. For licenses exclusive to the transport of TENORM waste, the licensee shall 

require an individual fulfilling the responsibilities of the Radiation Safety Officer 

to be an individual who:

a. Has completed a department approved training program consisting of:

(1) Eight hours of classroom training in the following areas:

(a) Characteristics of radiation;

(b) Units of radiation dose and quantity of radioactivity;
(c) Hazards of exposure to radiation;

(d) Radiation detection and measurement;

(e) Minimizing radiation exposure (time, distance,

shielding, and respiratory precautions);

(f) Use and types of personnel-monitoring equipment;

(g) Proper use of protective equipment; and

(h) Transportation of licensed material.

History:

General Authority: NDCC 23-20.1-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04
Article 33-20 is amended as follows:

ARTICLE 33-20

SOLID WASTE MANAGEMENT AND LAND PROTECTION

Chapter

33-20-01 General Provisions [Repealed 12/1/92]

33-20-01.1 General Provisions

33-20-02 Storage [Repealed 12/1/92]

33-20-02.1 Permit Provisions and Procedures

33-20-03 Collection and Transportation [Repealed 12/1/92]

33-20-03.1 Permit Application Provisions

33-20-04 Resource Recovery [Repealed 12/1/92]

33-20-04.1 General Performance Standards

33-20-05 Standards of Performance for Disposal Operations [Repealed 12/1/92]

33-20-05.1 Inert Waste Landfills

33-20-06 Permit to Construct [Repealed 12/1/92]

33-20-06.1 Municipal Waste Landfills

33-20-07 Permit to Operate [Repealed 12/1/92]

33-20-07.1 Small Volume Industrial Waste Landfills and Special Waste Landfills

33-20-08 Common Provisions Applicable to Both a Permit to

Construct and Permit to Operate [Repealed 12/1/92]

33-20-08.1 Surface Impoundment Provisions

33-20-09 Land Treatment Provisions

33-20-10 Large Volume Industrial Waste and MSW Ash Landfills

33-20-11 [Reserved]Landfill Disposal of Technologically Enhanced Naturally Occurring 

Radioactive Material Waste

33-20-12 Regulated Infectious Waste

33-20-13 Water Protection Provisions

33-20-14 Financial Assurance Requirements

33-20-15 Solid Waste Management Fees

33-20-16 Certification of Operators

33-20-17 Solid Waste Management Planning

33-20-18 Solid Waste Management Fund

33-20-19 Municipal Waste Landfill Release Compensation Fund
CHAPTER 33-20-01.1

GENERAL PROVISIONS

Section

33-20-01.1-01 Purpose

33-20-01.1-02 Applicability

33-20-01.1-03 Definitions

33-20-01.1-04 Care and Disposal of Solid Waste

33-20-01.1-04.1 Storage Containers and Areas

33-20-01.1-05 Collection and Transportation Vehicles

33-20-01.1-06 Hazardous Waste

33-20-01.1-07 Pesticide Waste

33-20-01.1-08 Asbestos Waste

33-20-01.1-09 Radioactive Waste

33-20-01.1-10 Variances [Repealed]

33-20-01.1-11 Industrial Waste and Special Waste

33-20-01.1-12 Waste Treatment

33-20-01.1-13 Certified Laboratory

33-20-01.1-14 Variances

Section 33-20-01.1-03 is amended as follows:

33-20-01.1-03. Definitions. The terms used throughout this title have the same meaning 

as in North Dakota Century Code chapter 23-29, except:

. . .

51. "Technologically enhanced naturally occurring radioactive material (TENORM)" 

means naturally occurring radioactive material whose radionuclide 

concentrations are increased by or as a result of past or present human 

practices. TENORM does not include background radiation or the natural 

radioactivity of rocks or soils. TENORM does not include "source material" and 

"byproduct material" as both are defined in the Atomic Energy Act of 1954, as 

amended [42 U.S.C. 2011 et seq.] and relevant regulations implemented by the 

United States nuclear regulatory commission. 

51.52. “Transfer station” means a site or building used to transfer solid waste from a 

vehicle or a container, such as a rolloff box, into another vehicle or container for 

transport to another facility.

52.53. “Treatment” means a method or process designed to change the physical, 

chemical, or biological character or composition of a solid waste or leachate so 

as to neutralize the waste or leachate or so as to render the waste or leachate 

safer for public health or environmental resources during transport, storage, or 

disposal. The term does not include resource recovery.

53.54. “Used oil” means any oil that has been refined from crude oil, or any synthetic oil, 

that has been used and as a result of such use is contaminated by physical or 

chemical impurities.
54.55. “Waste pile or pile” means any noncontainerized accumulation of nonflowing 

solid waste.

History: Effective December 1, 1992; amended effective August 1, 1993;

October 1, 1994; May 1, 1999; ____ ______,2015.

General Authority: NDCC 23-29-04, 61-28-04

Law Implemented: NDCC 23-29-04, 61-28-04

Section 33-20-01.1-09 is amended as follows:

33-20-01.1-09. Radioactive waste. Every person who handles and disposes of 

radioactive waste shall comply with article 33-10. Every person who handles and disposes of 

TENORM shall also comply with the applicable requirements of this article.

History: Effective December 1, 1992; amended effective ____ ______,2015.

General Authority: NDCC 23-20.1-04, 23-29-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04

. . . 
CHAPTER 33-20-07.1

SMALL VOLUME INDUSTRIAL WASTE LANDFILLS

AND SPECIAL WASTE LANDFILLS

Section

33-20-07.1-01 Performance and Design Criteria

33-20-07.1-02 Closure Criteria

Section 33-20-07.1-01 is amended as follows:

33-20-07.1-01. Performance and design criteria. In addition to the requirements of 

section 33-20-01.1-08 and chapter 33-20-04.1, the owner or operator of an industrial waste 

landfill or a special waste landfill shall comply with the design, construction, and operating 

standards as follows:

1. On all areas of the landfill where final cover or additional solid waste will not be 

placed within six months, eight inches [20.3 centimeters] or more of compacted 

clay-rich soil material, similar material, or a synthetic cover must be placed to 

prevent ponding of surface water, to minimize infiltration of surface water, and to 

control windblown dust.

2. Solid waste disposal in industrial waste landfills and special waste landfills must 

be limited to those wastes identified in the permit application or permit. 

Regulated infectious waste, used oil as a free liquid, and hazardous waste, and 

radioactive waste may not be accepted for disposal at the landfill. TENORM

waste may only be accepted under the provisions of chapter 33-20-11.

3. All solid wastes deposited at the landfill must be spread and compacted as 

densely as practicable to minimize waste volume and promote drainage of 

surface water.

4. Any new or lateral expansion of an industrial waste landfill or special waste 

landfill must be designed with an appropriate hydraulic barrier and leachate 

management system capable of collecting and removing leachate and 

contaminated surface water within the disposal unit.

a. The liner and leachate removal system must be compatible with the 

waste and leachate.

b. The liner and leachate removal system must maintain its integrity during 

the operating period and through the postclosure period.

c. The system must have a collection efficiency of ninety percent or better 

and must be capable of maintaining a hydraulic head of twelve inches 

[30.5 centimeters] or less above the liner.

d. For landfills that receive wastes containing water soluble constituents, the 

liner must consist of at least four feet [1.2 meters] of compacted natural 

soil having a hydraulic conductivity not to exceed 1 x 10-7centimeters per 
second. This requirement does not apply to landfills receiving only oil 

field drilling cuttings and drilling mud.

e. A composite liner is required for landfills receiving TENORM waste or 

wastes which may contain leachable organic constituents. The liner must 

consist of at least three feet [91.4 centimeters] of recompacted clay with a 

hydraulic conductivity not to exceed 1 x 10-7centimeters per second 

overlain with at least a sixty mil flexible membrane liner.

f. The drainage layer must have a hydraulic conductivity of 1 x 10-3

centimeters per second or greater throughout. The drainage layer must 

have a sufficient thickness to provide a transmissivity of 3 x 10-2

centimeters squared per second or greater.

g. The liner and leachate removal system in combination with the final cover 

must achieve a site efficiency of at least ninety-eight and one-half percent 

or better for collection or rejection of the precipitation that falls on the site.

h. The requirements of this subsection for a liner, leachate collection 

system, or both liner and leachate collection system may be modified by 

the department if the permit applicant demonstrates that, based on 

factors such as geology and hydrology of the site, characteristics of the 

waste, and engineering design, any leachate migration can be prevented 

or controlled.

History: Effective December 1, 1992; amended effective August 1, 1993, October 1, 1994; 

____ ______,2015.

General Authority: NDCC 23-20.1-04, 23-29-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04, 23-29-07
CHAPTER 33-20-10

LARGE VOLUME INDUSTRIAL WASTE AND MSW ASH LANDFILLS

Section

33-20-10-01 Applicability

33-20-10-02 MSW Ash Treatment

33-20-10-03 Waste Disposal

33-20-10-04 Landfill Cover and Closure

33-20-10-05 Facility Inspector

Section 33-20-10-03 is amended as follows:

33-20-10-03. Waste disposal. In addition to the requirements of section 33-20-01.1-08 and 

chapter 33-20-04.1, the owner or operator of a landfill shall comply with the performance and 

design criteria as follows:

1. Any new or lateral expansion of a landfill must be designed with a hydraulic 

barrier and leachate management system.

a. Synthetic liners, leachate detection systems, and leachate removal 

systems must be compatible with solid waste disposed and the wastes 

leachate.

b. Leachate removal and management systems must be capable of 

collecting and removing leachate and contaminated surface water.

c. Synthetic liners and leachate removal systems must withstand all physical 

and chemical stresses during the operating period and through the 

postclosure period.

d. The synthetic liners and leachate removal systems must have a collection 

efficiency of ninety-seven percent or better of precipitation falling on the 

fill area before closure and must be capable of removing leachate to limit 

the hydraulic head above the upper liner, exclusive of collection sumps, to 

twelve inches [30.5 centimeters] or less within thirty-six hours of a 

precipitation event.

e. A composite liner is required which includes at a minimum from bottom to 

top:

(1) At least three feet [91.4 centimeters] of recompacted clay with a 

hydraulic conductivity not to exceed 1 x 10-7centimeters per 

second;

(2) A synthetic flexible membrane liner at least sixty mil thick;

(3) A secondary drainage layer with a hydraulic conductivity of 1 x 10-

3

centimeters per second or greater throughout and with sufficient 

thickness to provide a transmissivity of 3 x 10-2centimeters 

squared per second or greater;
(4) A synthetic flexible membrane liner at least eighty mil thick; and

(5) A drainage layer with a hydraulic conductivity of 1 x 10-3

centimeters per second or greater and with sufficient thickness to 

provide a transmissivity of 3 x 10-2centimeters squared per 

second or greater.

f. No composite liner may be exposed to freezing more than one winter 

season. At least three feet of solid waste or other material approved by 

the department must be placed above the upper drainage layer on all 

lined areas by December first. No disposal may take place after 

December first in areas which have not met this requirement without first 

testing the composite liner’s integrity and receiving approval from the 

department.

2. The facility must include a leachate detection and removal system and an onsite 

leachate management system or offsite leachate management.

a. The amount of leachate collected for onsite or offsite management must 

be measured and recorded.

b. The quality of the leachate must be periodically evaluated on a schedule 

proposed by the facility owner and approved by the department.

c. The department may require the construction of onsite surface 

impoundments to achieve the equivalent or better design standards of 

onsite landfills, based on site specific factors such as hydrogeological 

characteristics, anticipated leachate quality, anticipated static head or 

expected duration of use.

d. The department may require an owner or operator to control wildlife 

access to onsite surface impoundments based upon leachate quality and 

site circumstances.

3. Runoff must be contained, collected, and transferred to an onsite surface 

impoundment, unless another management method is approved by the 

department.

4. Solid waste disposal in landfills must be limited to those wastes identified in the 

permit application, waste acceptance plan, or permit. Regulated infectious 

waste, used oil as a free liquid which can be recovered or recycled, and

hazardous waste, and radioactive waste may not be accepted for disposal at the 

landfill. TENORM waste may only be accepted under the provisions of chapter 

33-20-11.

5. All solid wastes deposited at the landfill must be placed, spread or compacted to 

minimize or prevent settlement and to promote drainage of surface water. The 
sequence and direction of below-grade operations must be conducted to prevent 

surface water from entering the active fill area.

6. On all areas of the landfill where final cover or additional solid waste will not be 

placed within one month, eight inches [20.3 centimeters] or more of compacted 

clay-rich soil material, similar material, or a synthetic cover must be placed to 

prevent ponding of surface water, to minimize infiltration of surface water, and to 

control windblown dust.

7. The composite liner in combination with the final cover after closure must achieve 

an efficiency of at least ninety nine and nine-tenths percent or better for collection 

or rejection of the precipitation that falls on the landfill.

History: Effective August 1, 1993; amended effective October 1, 1994; ____ ______,2015.

General Authority: NDCC 23-20.1-04, 23-29-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04
Chapter 33-20-11 is created as follows:

CHAPTER 33-20-11

LANDFILL DISPOSAL OF TECHNOLOGICALLY ENHANCED NATURALLY OCCURRING 

RADIOACTIVE MATERIAL WASTE

Section

33-20-11-01 Radioactive Waste Disposal 

33-20-11-02 Prohibition

33-20-11-03 Authorization

33-20-11-04 Monitoring

33-20-11-05 Reporting

33-20-11-06 Worker Training and Safety

33-20-11-07 Record of Notice 

33-20-11-01. Radioactive waste disposal. Disposal of radioactive waste subject to 

regulation under chapter 33-10-03, meeting the definition of TENORM, into special waste or 

industrial waste landfills shall comply with the following requirements and limitations:

1. TENORM waste up to, but not exceeding 50.0 picocuries per gram of Radium226 plus Radium-228, may be disposed in a landfill which complies with 

chapter 33-20-07.1 or chapter 33-20-10, except that the accumulated amount 

must not exceed twenty-five thousand tons [22,679.22 metric tons] per year or 

three thousand tons [2,721.55 metric tons] in any one month unless larger 

amounts in one month resulting from special cleanup projects are pre-approved 

by the department. Drums or shipping containers of TENORM waste which are 

not of uniform concentration must not exceed an average concentration of 50.0 

picocuries per gram of Radium-226 plus Radium-228.

2. Equipment contaminated with TENORM which does not exceed a maximum 

exposure level of one hundred microroentgen per hour, including background 

radiation, at any accessible location may be disposed in a landfill which complies 

with chapter 33-20-07.1 or chapter 33-20-10.

3. TENORM waste must be covered by at least one foot of non-TENORM waste or 

daily cover material by the end of each operating day. For landfills that operate 

continuously (24 hours per day), all TENORM waste shall be covered at least 

once every twenty four hour period.

4. TENORM waste must be disposed at depth greater than ten feet below the

surface of the final landfill cover.

5. For a landfill that is subject to chapter 33-20-07.1, if any part of the final cover 

has slope greater than fifteen percent, then the final cover must have an 

additional two feet of low permeability soil, for a total minimum cover thickness of 

five feet.

History:

General Authority: NDCC 23-20.1-04, 23-29-04
Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04

33-20-11-02. Prohibition. Disposal of TENORM waste subject to regulation under 

article 33-10 is prohibited in all municipal solid waste landfills and inert landfills. Disposal of 

radioactive waste subject to regulation under article 33-10, which does not meet the definition of 

TENORM, or TENORM waste that is greater than 50.0 picocuries per gram of Radium-226 plus 

Radium-228 is prohibited in all landfills. If prohibited TENORM waste is delivered to a landfill for 

disposal, the waste must be rejected. The owner or operator of the landfill shall note the 

source, amount, generator and other identifying information about the rejected waste and shall 

notify the department within five (5) days of the rejection of such material.

History:

General Authority: NDCC 23-20.1-04, 23-29-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04

33-20-11-03. Authorization. Approval for acceptance of TENORM waste by a landfill 

not previously authorized to accept such waste in its permit shall follow procedures in section 

33-20-02.1-06. The facility is also subject to applicable approval and licensure requirements of 

chapter 33-10-03.

History:

General Authority: NDCC 23-20.1-04, 23-29-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04

33-20-11-04. Monitoring. The leachate collection system and groundwater monitoring 

network shall be analyzed for background concentration of radionuclide parameters prior to 

receipt of any TENORM waste. Leachate shall be analyzed for radionuclides at the same 

frequency as groundwater samples are collected. If radionuclides are detected in the leachate 

at a concentration greater than drinking water maximum contaminant levels then the 

groundwater monitoring network must begin analysis for radionuclide parameters.

History:

General Authority: NDCC 23-20.1-04, 23-29-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04

33-20-11-05. Reporting. Landfills approved for the disposal of TENORM waste must 

file with the department a quarterly summary report stating the date, type, quantity by weight in 

tons, source and generator of all TENORM loads accepted for that period. Each report shall be 

filed within thirty days of the end of each quarter. If no TENORM waste has been disposed 

during the reporting period, the report must so indicate.

History:

General Authority: NDCC 23-20.1-04, 23-29-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04

33-20-11-06. Worker training and safety. Landfills approved for the disposal of 

TENORM waste shall implement a worker training and safety program so that no individual shall 

receive an annual dose greater than one hundred millirems per year from activities conducted in 

the landfill. The training and safety program shall be approved by the department prior to 
receipt of any TENORM waste.

History:

General Authority: NDCC 23-20.1-04, 23-29-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04

33-20-11-07. Record of notice. The records of notice required by section 33-20-02.1-

04 shall specify that the landfill is approved to accept TENORM waste. The final record of 

notice shall indicate the total quantity of TENORM waste disposed in the landfill.

History:

General Authority: NDCC 23-20.1-04, 23-29-04

Law Implemented: NDCC 23-20.1-03, 23-20.1-04, 23-29-04