Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 220 - Rules Relating to Radiation Protection › Part N - REGULATION AND LICENSING OF TECHNOLOGICALLY ENHANCED NATURALLY OCCURRING RADIOACTIVE MATERIALS (TENORM) › Specific Licenses › Section 144-220-N-17 - Conditions of specific licenses issued under N.13

Current through 2024-29, July 17, 2024
A. General Terms and Conditions
(1) Each specific license issued pursuant to
					 this Part shall be subject to all the provisions of Title 22 MRS, Maine
					 Radiation Protection Statutes, now or hereafter in effect, and to all rules,
					 regulations, and orders of the Agency.
(2) No specific license issued or granted
					 under this Part and no right to possess or utilize TENORM granted by any
					 license issued pursuant to this Part 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
					 Agency shall, after securing full information, find that the transfer is in
					 accordance with the provisions of the Title 22 MRS, Maine Radiation Protection
					 Statutes, and shall give its consent in writing.
(3) Each person specifically licensed by the
					 Agency pursuant to this Part shall confine use and possession of the TENORM
					 licensed to the locations and purposes authorized in the specific
					 license.
(4) Each person
					 specifically licensed by the Agency pursuant to this Part is subject to the
					 general license provisions of N.5 through N.8.
(5) Notification of Bankruptcy:
(a) Each licensee shall notify the Agency, in
					 writing, (Radiation Control Program, Maine Center for Disease Control and
					 Prevention, Department of Health and Human Services, 11 State House Station,
					 Augusta ME, 04333-0011) immediately following the filing of a voluntary or
					 involuntary petition for bankruptcy under any Chapters of Title II (Bankruptcy)
					 of the United States Code (11 U.S.C.) by or against:
(i) A licensee;
(ii) An entity, as defined in
					 11 U.S.C.
					 101(15), controlling a
					 licensee or listing the license or licensee as property of the estate;
					 or
(iii) An affiliate, as defined
					 in 11 U.S.C.
					 101(2), of the licensee.
					 This notification shall indicate the bankruptcy court in which the petition for
					 bankruptcy was filed and the date of the filing of the
					 petition.
(6)
					 Each licensee shall notify the Agency in writing and receive approval prior to
					 commencing activities to reclaim the licensed facility.
(7) 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 60 days, provide the following information in writing to the Agency:
(a) The location of the site or
					 area;
(b) The plan for reclaiming
					 or decontaminating the site or area; and
(c) An evaluation of any changes to the
					 financial assurance submitted in accordance with N.26.
(8) Temporary
					 Jobsites5
(a) When
					 temporary jobsites are authorized on a specific license, TENORM may be used at
					 temporary jobsites throughout the State of Maine in accordance with N.25 in
					 areas not under exclusive federal jurisdiction.
(b) Before TENORM can be used at a temporary
					 jobsite at any federal facility within the State of Maine, 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 federal agency with jurisdiction for
					 TENORM at the temporary jobsite.