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 or 

whose act first causes the TENORM 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 containing 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 residuals (i.e., fly 

ash waste, bottom ash waste, slag waste and flue gas emission control waste) 

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 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 of chapter 33-10-04.2. 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 section 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 or while in transport, 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 shall be 

performed at intervals not to exceed 12 months. Records shall be 

maintained for a period of 5 years.

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 or 

cubic yards 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 for a period of not less than 3 years;

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 or cubic yards, 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. Quarterly 
summary reports shall be maintained for a period of 3 years.

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.

4. A specific license is required to possess or use TENORM for the purposes of

processing, treatment or disposal.

5. A specific license is required to transport TENORM upon public roadways.

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 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 specific 

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:

(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.

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