justicedao/ipfs_state_laws huggingface dataset:
333-117-0200 Specific License (1) Unless otherwise exempted under the provisions of division 102 of the Rules, the manufacturing and distribution of any material or product containing NORM shall be specifically licensed pursuant to the requirements of this division or pursuant to equivalent regulations of another Licensing State. (2) Persons conducting the following activities involving equipment and facilities contaminated with NORM in excess of the levels set forth in Table 1 of this division shall be specifically licensed pursuant to the requirements of this division: (a) Decontamination of equipment, facilities and land; (b) Maintenance of equipment and facilities involving the exposure of individuals to radiation or radioactive materials; or (c) Disposal of the resulting waste. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-117-0210 Filing Application for Specific Licenses (1) Applications for specific licenses shall be filed in a manner and on a form prescribed by the Agency. (2) The Agency may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the Agency to determine whether the application should be granted or denied or whether a license should be modified or revoked. (3) Each application shall be signed by the applicant or licensee or a person duly authorized to act for and on his behalf. (4) An application for a license may include a request for a license authorizing one or more activities. (5) In an application, the applicant may incorporate by reference information contained in previous application, statements or reports filed with the Agency provided such references are clear and specific. (6) Applications and documents submitted to the Agency may be made available for public inspection except that the Agency may withhold any document or part thereof from public inspection if disclosure of its content is not required in the public interest and would adversely affect the interest of a person concerned. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-117-0230 Safety Criteria An applicant for a license under OAR 333-117-0220(3) shall demonstrate that the product is designed and will be manufactured so that: (1) In normal use and disposal it is unlikely that the external radiation dose in any one year, or the dose commitment resulting from the intake of radioactive material, excluding radon and radon decay products, 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 material or product, will exceed the doses in Column I of Table 2. (2) In normal handling and storage of the quantities of the material or product likely to accumulate in one location during marketing, distribution, installation and servicing of the material or product it is unlikely that the external radiation dose in any one year, or the dose commitment resulting from the intake of radioactive material, excluding radon, 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 material or product, will exceed the doses in Column II of Table 2. (3) In normal use, disposal, handling and storage, it is unlikely that the radon released from the material or product will result in an average radon concentration in air of more than 0.4 picocurie per liter (14.8 Bq/m3). (4) It is unlikely that there will be a significant reduction in the effectiveness of the containment, shielding or other safety features of the material or product from wear and abuse likely to occur in normal handling and use of the material or product during its useful life. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-117-0240 Issuance of Specific Licenses (1) Upon a determination that an application meets the requirements of the Act and rules of the Agency, the Agency 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 Agency 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 radioactive material subject to this division as it deems appropriate or necessary in order to: (a) Minimize danger to 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 or theft of material subject to this division. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-117-0250 Conditions of Licenses Issued Under OAR 333-117-0220 (1) General Terms and Conditions: (a) Each license issued pursuant to this division shall be subject to all the provisions of the Act, now or hereafter in effect, and to all rules, regulations and orders of the Authority; (b) No license issued or granted under this division and no right to possess or utilize radioactive material granted by any license issued pursuant to this division 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 Authority shall, after securing full information find that the transfer is in accordance with the provisions of the Act and shall give its consent in writing; (c) Each person licensed by the Authority pursuant to this division shall confine use and possession of the material licensed to the locations and purposes authorized in the license; (d) Each person licensed by the Authority pursuant to this division is subject to the general license provisions of OAR 333-117-0110, 333-117-0120 and 333-117-0130; (e) Each licensee shall notify the Authority, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of Title 11 (Bankruptcy) of the United States Code (11 U.S.C.) by or against: (A) A licensee; (B) An entity (as that term is defined in 11 U.S.C. 101 (14)) controlling a licensee or listing the license of 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. (f) The notification indicated in subsection(1)(e) of this rule must: (A) Indicate the bankruptcy court in which the petition for bankruptcy was filed; and (B) The date of the filing of the petition. (2) Quality Control, Labeling and Reports of Transfer. Each person licensed under OAR 333-117-0220(2) shall: (a) Carry out adequate control procedures in the manufacture of the material or product to assure that each production lot meets the quality control standards approved by the Authority; (b) Label or mark each unit so that the manufacturer, processor, producer or initial transferor of the material or product and the NORM in the material or product can be identified; and (c) Maintain records identifying, by name and address, each person to whom NORM is transferred for use under OAR 333-117-0040(2) or the equivalent regulations of another Licensing State and stating the kinds, quantities and uses of NORM transferred. An annual summary report stating the total quantity of each radionuclide transferred under the specific license shall be filed with the Authority. Each report shall cover the year ending December 31, and shall be filed within 30 days thereafter. If no transfers of radioactive material have been made pursuant to OAR 333-117-0220(2) during the reporting period, the report shall so indicate. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-117-0270 Renewal of Licenses (1) Applications for renewal of specific licenses shall be filed in accordance with OAR 333-117-0210. (2) In any case in which a licensee, not less than 30 days prior to expiration of his existing license, has filed an application in proper form for renewal or for a new license authorizing the same activities, such existing license shall not expire until final action by the Authority. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-117-0280 Amendment of Licenses at Request of Licensee Applications for amendment of a license shall be filed in accordance with OAR 333-117-0210 and shall specify the respects in which the licensee desires the license to be amended and the grounds for such amendment. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-117-0290 Authority Action on Applications to Renew and Amend In considering an application by a licensee to renew or amend the license, the Authority will apply the criteria set forth in OAR 333-117-0220. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-117-0300 Modification and Revocation of 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 the Act or by reason of rules, regulations and orders issued by the Authority. (2) Any license may be revoked, suspended or modified, in whole or in part, for any material false statement in the application or any statement of fact required under provisions of the Act or because of conditions revealed by such application or statement of fact or any report, record or inspection or other means which would warrant the Authority 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 the Act or of the license or of any rule, regulation or order of the Authority. (3) Except in cases of willfulness or those in which the public health, interest or safety requires, otherwise, no license shall be modified, suspended or revoked unless, prior to the institution of proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-117-0370 Reciprocal Recognition of Licenses Subject to these Rules any person who holds a specific license from a Licensing State and issued by the authority 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 this state for a period not in excess of 180 days in any calendar year provided that: (1) The licensing document does not limit the activity authorized by such document to specified installations or locations. (2) The out-of-state licensee notifies the Authority in writing at least three days prior to engaging in such activity. Such notification shall indicate the location, period and type of proposed possession and use within the state, and shall be accompanied by a copy of the pertinent licensing document. If, for a specific case, the three day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon application to the Authority, obtain permission to proceed sooner. The Authority may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaged in activities under the general license provided in section (1) of this rule. (3) The out-of-state licensee complies with all applicable rules of the Authority and with all the terms and conditions of the licensing document, except any such terms and conditions which may be inconsistent with applicable rules of the Authority. (4) The out-of-state licensee supplies such other information as the Authority may request. (5) The out-of-state licensee shall not transfer or dispose of NORM possessed or used under the general license provided in section (1) of this rule except by transfer to a person: (a) Specifically licensed by the Authority or by another Licensing State to receive such material; or (b) Exempt from the requirements for a license for such material under OAR 333-117-0040. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91
333-118-0010 Purpose and Scope The rules in this division apply to any licensee authorized by specific or general license to receive, possess, use, or transfer licensed material, if the licensee delivers that material to a carrier for transport, transports the material outside the site of usage as specified in the license, or transports that material on public highways. No provision of this part authorizes possession of licensed material. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0030 General Regulatory Provisions: Requirement for License No person shall transport radioactive material or deliver radioactive material to a carrier for transport except as authorized in a general or specific license issued by the Authority or as exempted in OAR 333-118-0040. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0040 General Regulatory Provisions: Exemptions (1) Common and contract carriers, freight forwarders, warehouse workers, and the U.S. Postal Service are exempt from the regulations in this division and divisions 102, 105, 113, 116, 121 and 125, and the requirements for a license to the extent that they transport or store radioactive material in the regular course of their carriage for others or storage incident thereto. Common and contract carriers who are not subject to the requirements of the U.S. Department of Transportation or U.S. Postal Service are subject to OAR 333-118-0030 and other applicable requirements of these rules. (2) Any licensee is exempt from the requirements of this division to the extent that the licensee delivers to a carrier for transport a package containing radioactive material having a specific activity not greater than (0.002 microcurie per gram 70 Becquerels per gram (Bq/g). (3) Any physician licensed under division 116 or by an Agreement State or the Nuclear Regulatory Commission to dispense radiopharmaceuticals in the practice of medicine, is exempt from OAR 333-118-0050 with respect to transporting licensed material for use in the practice of medicine. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 19-2015, f. 9-30-15, cert. ef. 10-1-15 PH 14-2013, f. 12-26-13, cert. ef. 1-1-14 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0050 General Regulatory Provisions: Transportation of Licensed Material (1) Each licensee who transports licensed material outside the site of usage, as specified in the Authority license, or where transport is on public highways, or who delivers licensed material to a carrier for transport shall: (a) Comply with the applicable requirements, appropriate to the mode of transport, of the regulations of the U.S. Department of Transportation in 49 CFR Parts 107, 171-180, and 390-397, appropriate to the mode of transportation. The licensee shall particularly note the regulations of U.S. Department of Transportation in the following areas: (A) Packaging — 49 CFR Part 173: Subparts A, B and I. (B) Marking and labeling — 49 CFR Part 172: Subpart D, 172.400 through 172.407, and 172.436 through 172.441 of Subpart E. (C) Placarding — 49 CFR Part 172: Subpart F, especially 172.500 through 172.519, and 172.556, and Appendices B and C. (D) Accident reporting — 49 CFR Part 171: 171.15 and 171.16. (E) Shipping papers and emergency information — 49 CFR Part 172: Subparts C and G. (F) Hazardous material employee training — 49 CFR Part 172: Subpart H. (G) Security plans — 49 CFR Part 172: Subpart I (H) Hazardous material shipper/carrier registration — 49 CFR Part 107: Subpart G. (b) The licensee also shall comply with applicable U.S. Department of Transportation regulations pertaining to the following modes of transportation: (A) Rail — 49 CFR Part 174: Subparts A through D and K. (B) Air — 49 CFR Part 175. (C) Vessel — 49 CFR Part 176: Subparts A through F and M. (D) Public highway — 49 CFR Part 177 and Parts 390 through 397. (c) Assure that any special instructions needed to safely open the package are sent to or have been made available to the consignee. (2) If, for any reason, the regulations of the U.S. Department of Transportation are not applicable to a shipment of licensed material, the licensee shall conform to the standards and requirements of 49 CFR Parts 170 through 189 appropriate to the mode of transport and to the same extent as if the shipment were subject to the regulations. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2010, f. & cert. ef. 2-16-10 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91
333-118-0051 General Regulatory Provisions: Deliberate Misconduct (1) This rule applies to any: (a) Licensee; (b) Certificate holder; (c) Quality assurance program approval holder; (d) Applicant for a license, certificate, or quality assurance program approval; (e) Contractor (including a supplier or consultant) or subcontractor, to any person identified in subsection (1)(d) of this section; or (f) Employees of any person identified in subsections (1)(a) through (e) of this rule. (2) A person identified in subsections (1)(a) through (f) of this rule who knowingly provides to an entity any components, materials, or other goods or services that relate to a licensee's, certificate holder's, quality assurance program approval holder's, or applicant's activities subject to this rule may not: (a) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate holder, quality assurance program approval holder, or any applicant to be in violation of any rule, regulation, or order; or any term, condition or limitation of any license, certificate, or approval issued by the Authority; or (b) Submit to the Authority, a licensee, a certificate holder, quality assurance program approval holder, an applicant for a license, certificate or quality assurance program approval, or a licensee's, applicant's, certificate holder's, or quality assurance program approval holder's contractor or subcontractor, information that the person knows to be incomplete or inaccurate. (3) A person who violates section (2) of this rule may be subject to enforcement action by the Authority. (4) For the purposes of section (2) of this rule, deliberate misconduct means an intentional act or omission that the person knows: (a) Would cause a licensee, certificate holder, quality assurance program approval holder, or applicant for a license, certificate, or quality assurance program approval to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license or certificate issued by the Authority; or (b) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate holder, quality assurance program approval holder, applicant, or the contractor or subcontractor of any of them. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2010, f. & cert. ef. 2-16-10
333-118-0052 General Regulatory Provisions: Exemption for Low Level Materials A licensee is exempt from all the requirements of division 118 with respect to shipment or carriage of the following low-level materials: (1) Natural material and ores containing naturally occurring radionuclides that are either in their natural state, or have only been processed for purposes other than for the extraction of the radionuclides, and which are not intended to be processed for the use of these radionuclides, provided the activity concentration of the material does not exceed 10 times the applicable radionuclide activity concentration values specified in 10 CFR Parts 71, Appendix A, Table A-2 or Table A-3. (2) Materials for which the activity concentration is not greater than the activity concentration values specified in 10 CFR Parts 71, Appendix A, Table A-2 or Table A-3, or for which the consignment activity is not greater than the limit for an exempt consignment found in 10 CFR Parts 71, Appendix A, Table A-2 or Table A-3. (3) Non-radioactive solid objects with radioactive substances present on any surfaces in quantities not in excess of the levels cited in the definition of contamination in OAR 333-118-0020. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 12-2017, amend filed 10/25/2017, effective 10/25/2017 PH 4-2010, f. & cert. ef. 2-16-10