reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 3 - REGISTRATION OF IONIZING RADIATION-PRODUCING MACHINES › Section 7:28-3.7 - Amendments to registration of ionizing radiation-producing machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registrant must notify the Department in writing within 30 days after any change in the following information on the application for registration of an ionizing radiation-producing machine:
1. Trade name;
2. X-ray tube capacity;
3. Type of housing;
4. Generator power;
5. Owner;
6. Co-owner;
7. Location of machine including address (number, street, city, zip code, county) and room number;
8. Machine category;
9. Manufacturer;
10. Control panel model number; and
11. Control console serial number.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 3 - REGISTRATION OF IONIZING RADIATION-PRODUCING MACHINES › Section 7:28-3.9 - Sale, installation, relocation or disposal of ionizing radiation-producing machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a manufacturer or dealer sells, installs, relocates or disposes of an ionizing radiation-producing machine, said manufacturer, agent or dealer shall give written notification thereof to the Department within 30 days of such sale, installation, relocation or disposal. Said notification shall include the manufacturer, model and serial number of each component, name and address of the new owner(s), address of the relocated machine or details of the final disposition of the machine. Notification shall be submitted on a form available from the Department. The Department may accept the current form used by the United States Food and Drug Administration for Report of Assembly of a Diagnostic X-ray System if the Department determines that the information is complete and accurate.
(b) Whenever an owner sells, relocates or disposes of an ionizing radiation-producing machine, said owner shall:
1. Give written notification to the Department on forms available from the Department within 30 days of such sale, relocation or disposal;
2. Include the New Jersey registration number, manufacturer, model and serial number of each component;
3. Include the name and address of the new owner(s); and
4. Include the address of the relocated machine, or details of the final disposition of the machine; and
5. Be responsible for all fees until the written notification is received by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 3 - REGISTRATION OF IONIZING RADIATION-PRODUCING MACHINES › Section 7:28-3.10 - Denial of an application for registration, and suspension, modification, or revocation of registration of ionizing radiation-producing machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, in addition to any penalties authorized by the Act, may deny an application for registration or suspend, modify or revoke a registration of ionizing radiation-producing machines by reason of amendments to the Act, adoption of rules, orders issued by the Department pursuant to said Act or if the applicant or registrant:
1. Fails to comply with any provisions of the Act or any rules promulgated pursuant thereto including the timely payment of registration fees;
2. Falsifies or makes misleading statements in the application for registration;
3. Falsifies or makes misleading statements in any documents which were utilized to obtain a registration;
4. Alters registration documents;
5. Falsifies required records;
6. Aids, abets, combines with, or conspires with any person for any purpose which will evade or be in violation of the provisions of the Act or any rules promulgated pursuant thereto; or
7. Allows a registration to be used by any person for any purpose which will evade or be in violation of the provisions of the Act or any rules promulgated pursuant thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 3 - REGISTRATION OF IONIZING RADIATION-PRODUCING MACHINES › Section 7:28-3.12 - Application and annual registration renewal fees for ionizing-radiation-producing machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On initial registration of each x-ray tube, each registrant shall pay an application fee of $40.00 plus the prorated portion of the applicable annual registration renewal fee set forth in (b), (c), (d) or (e) below for the remainder of the first year of registration.
(b) Each registrant of an ionizing-radiation-producing machine used in a dental facility shall pay:
1. The initial application and registration fees for each x-ray tube pursuant to (a) above, and
2. In each year after the expiration of the first year of registration established pursuant to (f) below, the annual registration renewal fee per x-ray tube as follows:
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New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.1 - Scope and general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The subchapter shall apply to persons who produce, transfer, distribute, or arrange for the distribution, sell, lease, receive, acquire, own, transport, store, dispose, possess, or use any diffuse naturally occurring or diffuse accelerator produced radioactive materials, including TENORM, in this State.
(b) No person shall produce, transfer, distribute, or arrange for the distribution, sell, lease, receive, acquire, own, transport, store, dispose, possess, or use any diffuse naturally occurring or diffuse accelerator produced radioactive materials, including TENORM, in this State unless authorized by a specific license issued by the Department as provided by 7:28-4.7 and 4.8, a general State license as provided in 7:28-4.5, or an exemption as provided in 7:28-4.3. Excepted from this provision are by-product, source and special nuclear materials.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.2 - Recognition of licenses for diffuse NARM from other jurisdictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who possesses a specific license or equivalent licensing document issued by a Federal agency or any other state is granted a general license in this State provided that the provisions of (b)1 through 4 below have been met.
(b) Any person who possesses a specific license or equivalent licensing document issued by a Federal agency or any other state may, pursuant to the general license in (a) above, transport, receive, possess, or use the radioactive materials specified in such license within this State for a period not in excess of 180 days in any period of 12 consecutive months without obtaining a specific license from the Department provided that:
1. The license does not limit the activity to specified installations or locations;
2. The licensee notifies the Department in writing at least three days prior to the time that such radioactive material is brought into this State. Such notification shall indicate the location, period, and type of proposed possession and use within this State, and shall be accompanied by a copy of the pertinent licensing document. If in a specific case the three-day period would impose an undue hardship on the user, he may, upon application to the Department, obtain permission to proceed sooner;
3. The licensee complies with all the terms and conditions of the license;
4. The licensee provides such other information as the Department may request; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.3 - Exemption from requirement for a license for manufacture, production, transfer, distribution or arrangement of distribution, sale, lease, receipt, acquisition, ownership, possession or use of all diffuse naturally occurring or diffuse accelerator produced radioactive materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall be exempt from the requirement to obtain a license for the following activities:
1. The person is a plant or laboratory owned by or operated on behalf of a Federal agency;
2. The person is a common or contract carrier and is transporting or storing radioactive materials covered by 7:28-4.7 in the regular course of carriage for another, or storage incident thereto;
3. The person produces, receives, possesses, uses, transfers, distributes, or arranges for the distribution, sells, leases, owns, or acquires materials containing diffuse naturally occurring or diffuse accelerator produced radioactive materials in concentrations not in excess of those exempted in (b) below;
4. The person owns or possesses naturally occurring radioactive materials, occurring in natural abundance and which are not technologically enhanced naturally occurring radioactive materials, whether intentionally or unintentionally;
5. The person who receives, owns, possesses, uses, processes, transfers, distributes, arranges for the distribution, sells or leases technologically enhanced naturally occurring radioactive materials (TENORM) if the TENORM contain any combination of Radium-226 and Radium-228 at concentrations less than five pCi/g (185 Bq/kg) (dry weight) above background and less than the quantity listed in (c) below;
6. The person owns property where radon gas is being expelled to the outside atmosphere as part of a radon remediation system installed in accordance with the provisions of N.J.A.C. 7:28-27;
7. The person owns a domestic treatment works where sewage sludge is present which may contain TENORM from the separation of liquids and solids which is the outcome of normal operations of the domestic treatment works;
8. The person is involved with the distribution, including custom blending, possession, and use of fertilizers containing TENORM; and
9. The person owns property where residual contamination remaining at the site was remediated under the Radiation Protection Act (26:2D-1 et seq.) and/or the other authorities listed in the Soil Remediation Standards at 7:28-12.2(a). Such residual concentrations may be greater than the limits specified in (a)5 above, but be under restricted conditions imposed by the Department (such as engineering and institutional controls), and meet the dose criteria specified in 7:28-12.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.4 - Types of licenses for manufacture, production, transfer, distribution or arrangement for distribution, sale, lease, receipt, acquisition, ownership, possession or use of all diffuse naturally occurring or diffuse accelerator produced radioactive materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General licenses described in 7:28-4.5 are effective without the filing of an application with the Department or the issuance of licensing documents to particular persons.
(b) Specific licenses are issued to named persons upon application filed pursuant to the requirements of this subchapter.
(c) General licenses requiring registration, described in 7:28-4.5(b), are subject to annual certification that the material is still in the licensees possession and the treatment system is being maintained according to the manufacturers instructions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.5 - General licenses for the transfer, distribution or arrangement for distribution, sale, lease, receipt, acquisition, ownership, possession or use of diffuse naturally occurring or diffuse accelerator produced radioactive materials and certain devices and equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following quantities of radioactive substances, when obtained from diffuse naturally occurring materials or diffuse accelerator produced radioactive materials, are generally licensed provided that no person shall at any one time possess or use more than a total of 10 such quantities:
Radioactive Material
Not as a Sealed Source
Radioactive Material
(microcuries)
Beryllium (Be-7)
50
Bismuth 207 (Bi-207)
1
Cadmium 109-Silver 109 (Cd 109 + Ag 109)
10
Cerium 141 (Ce-141)
1
Chromium 51 (Cr-51)
50
Cobalt 57 (Co-57)
20
Germanium 68 (Ge-68)
1
Iron 55 (Fe-55)
50
Manganese 52 (Mn-52)
1
Polonium 210 (Po-210)
0.1
Radium and daughters
0.1
Sodium 22 (Na-22)
10
Vanadium 48 (V-48)
1
Zinc 65 (Zn-65)
10
Beta and/or gamma emitting radioactive material not listed above
1
(b) There are no generally licensed quantities for alpha-emitting materials other than those set forth in 7:28-4.5(a)  except:
1. A non-community or community water system that treats for uranium is subject to a general license requiring registration, in accordance with this section, notwithstanding the requirements of 7:28-58.1.
2. A non-community or community water system that treats for radium may register under a general license requiring registration, in accordance with this section, if the quantity of radium on the treatment media at any one time is less than 10 times the limit in (a) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.6 - Application for and renewal of specific licenses for manufacture, transfer, distribution or arrangement for distribution, sale, lease, receipt, acquisition, ownership, possession or use of diffuse naturally occurring or diffuse accelerator produced radioactive materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval of an initial or renewal application, a specific license may be issued by the Department for a period of 10 years commencing on the date the license is issued.
(b) Application for specific licenses and renewals shall be filed with the Department, on forms available from the Department.
(c) All applications shall contain the following signature and certification:
1. "I certify under penalty of law that the information provided in this document is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false, inaccurate or incomplete information, including fines and/or imprisonment."
2. The certification shall be signed by the highest ranking corporate, partnership, or governmental officer or official at the facility or the individual for which or for whom the specific license is requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.7 - General requirements for approval of an application for an initial specific license or renewal of a specific license for use of diffuse naturally occurring or diffuse accelerator produced materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department determines that an applicant meets the requirements of this subchapter and the Act, it may issue an initial specific license or renew a specific license for diffuse naturally occurring or diffuse accelerator produced radioactive materials provided:
1. The applicant is qualified by reason of training and experience to manage the radioactive material as requested in such a manner as to protect health, minimize danger to life or property, and prevent unnecessary radiation;
2. The applicant's proposed equipment, facilities and procedures are adequate to protect health, minimize danger to life or property and prevent unnecessary radiation; and
3. The applicant has appointed a radiological safety officer who shall be responsible for rendering advice and assistance on radiological safety.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.8 - Special requirements for approval of an application for an initial specific license or renewal of a specific license for use of diffuse naturally occurring or diffuse accelerator produced radioactive materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department determines that an applicant meets the requirements of this subchapter and the Act, an initial specific license or renewal of a specific license may be issued for use of multiple quantities or types of radioactive material provided:
1. The applicant satisfies the general requirements for approval of specific license applications in 7:28-4.7;
2. The applicant's staff has had substantial training and experience with a variety of radioisotopes for various research and development uses;
3. The applicant has established an isotope committee, composed of a radiological safety officer, a representative of management and one or more persons trained or experienced in the safe use of radioactive materials, which will review and approve or disapprove proposals for use of radioactive materials in the advance of purchase of such materials; and
4. The applicant has appointed a radiological safety officer who shall be responsible for rendering advice and assistance on radiological safety.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.9 - Expiration of specific license

Current through Register Vol. 56, No. 14, July 15, 2024
Except as provided in 7:28-4.10, each specific license shall expire at 12:01 A.M. of the day, in the month and year stated in the license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.10 - Status of specific licenses pending renewal

Current through Register Vol. 56, No. 14, July 15, 2024
In any case in which a specific licensee has filed a complete application in proper form for renewal of a specific license not less than 30 days prior to expiration of the existing specific license, such specific license and all its existing conditions shall not expire until the Department has acted upon the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.11 - Amendment of a specific license at request of licensee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for amendment of a specific license shall be filed in accordance with 7:28-4.6 and shall specify the amendment desired and the grounds for such amendment.
(b) The Department will evaluate only amendment applications submitted by personnel authorized by the licensee.
(c) The applicant for an amended specific license shall not engage in the activities for which an amendment has been requested until approval has been granted by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.12 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
All persons licensed pursuant to this subchapter shall keep records in accordance with N.J.A.C. 7:28-6, Standards for Protection Against Radiation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.13 - Inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees shall allow the Department or its agents to inspect radioactive material and the facilities and premises where radioactive material is used or stored.
(b) No person shall prevent, prohibit, obstruct, hinder, delay or interfere with personnel of this Department or its agents in performing their duties.
(c) Upon request by the Department, or its agents, licensees shall make available for inspection by the Department records kept pursuant to this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.14 - Tests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the request of the Department or its agents, each licensee shall perform, or allow the Department to perform if the Department so desires, such tests as the Department deems appropriate or necessary for the administration of this subchapter, including tests of the following:
1. Radioactive material;
2. Facilities where radioactive material is utilized or stored;
3. Radiation detection and monitoring instruments; and
4. Equipment and devices used in connection with the utilization or storage of radioactive material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.15 - Financial assurance and recordkeeping for decommissioning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) below, this section incorporates by reference 10 CFR 30.35 Financial assurance and recordkeeping for decommissioning, and the Appendices as referenced in 10 CFR 30.35.
(b) The following provisions of 10 CFR 30.35 are not incorporated by reference:
1.
										10 CFR 30.35(a)(2).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.16 - Modification, revocation, suspension, and termination of general and specific licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each general license shall be subject to modification, suspension or revocation by reason of amendments to the Act, adoption of rules by the Commission or the Department, orders issued by the Department pursuant to authority of the Act, or for violation or failure to observe any of the terms and provisions of the Act, license or any rule of the Commission or the Department, or order of the Department.
(b) Each specific license shall be subject to modification, suspension or revocation by reason of:
1. Amendments to the Act;
2. Adoption of rules by the Commission;
3. Orders issued by the Department pursuant to the authority of the Act;
4. Conditions revealed by the application for a specific license or statement of fact or any report, records or inspection or other means which would warrant the Department to refuse to grant a specific license on an original application;
5. Violation of or failure to observe any of the terms and provisions of the Act or the license, or any rule of the Department or order of the Department;
6. Falsification or misleading statements in any license application;
7. Alteration of licensing document;
8. Falsification of required records; or
9. Failure to make timely payment of licensing fees.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.17 - Requests for an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department denies an initial application for or renewal of a specific license, or determines to modify, revoke, suspend or terminate a general or specific license, the Department shall send a notice of decision to the applicant or licensee by certified mail return receipt requested. The notice shall advise the applicant or licensee of the right to request a contested case hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The notice shall include the following information:
1. Where and whom hearing requests should be sent;
2. The deadline by which hearing requests must be submitted;
3. The information that is required to be in the hearing request under (c) below; and
4. The requirements for requesting a stay under 7:28-4.19.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.18 - Requirements governing requests for stay of the effective date of the Department decision for which an adjudicatory hearing is requested

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may grant a stay of the effective date of a decision to deny, modify, revoke or suspend any State license. The applicant for such a stay must submit evidence that one of the following circumstances exist:
1. The granting of such stay is required as a constitutional or statutory right; or
2. The potential impact on public health, safety, welfare or the environment which might result from a decision to grant a stay is greatly outweighed by immediate, irreparable injury to the specific party requesting such stay.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.19 - Confidentiality claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant required to submit any information pursuant to the Act or this chapter which in the applicant's opinion constitutes trade secrets, proprietary information or information related to national security, may assert a confidentiality claim by following the procedures set forth in this subchapter.
(b) Any applicant submitting any information to the Department and asserting a confidentiality claim covering any information contained therein shall submit two documents to the Department. One shall contain all the information required by the Act or this chapter including any information which the applicant alleges to be entitled to confidential treatment. The second shall be identical to the first except that it shall contain no information which the applicant alleges to be entitled to confidential treatment. The second can be a photocopy of the first, with the allegedly confidential material blacked out.
(c) The top of each page of the first submission containing the information which the applicant alleges to be entitled to confidential treatment shall display the heading "CONFIDENTIAL" in bold type, or stamp.
(d) All parts of the text of the first submission which the applicant alleges to be entitled to confidential treatment shall be underscored or highlighted in a clearly identifiable manner. This manner of marking confidential information shall be such that both the allegedly confidential information and the underscoring or highlighting is reproducible on photocopying machines.
(e) The first submission, containing the information which the applicant alleges to be entitled to confidential treatment, shall be sealed in an envelope which shall display the word "CONFIDENTIAL" in bold type or stamp on both sides. This envelope, together with the second, non-confidential submission (which may or may not be enclosed in a separate envelope, at the option of the applicant), shall be enclosed in another envelope for transmittal to the Department. The outer envelope shall bear no marking indicating the confidential nature of the contents.
(f) To ensure proper delivery, the complete package should be sent by certified mail, return receipt requested, or by other means which will allow verification of receipt. Ordinary mail may be used, but the Department will assume no responsibility for packages until they are actually received.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.20 - Access to information; non-disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Until such time as a final confidentiality determination has been made, access to any information for which a confidentiality claim has been made will be limited to Department employees whose activities necessitate such access and as provided at 7:28-4.23 and 4.25.
(b) No disclosure of information for which a confidentiality claim has been asserted shall be made to any other persons except as provided in this subchapter.
(c) Nothing in this section shall be construed as prohibiting the incorporation of confidential information into cumulations of data subject to disclosure as public records, provided that such disclosure is not in a form that would foreseeably allow persons, not otherwise having knowledge of such confidential information, to deduce from it the confidential information or the identity of the owner or operator who supplied it to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.21 - Confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information for which a confidentiality claim has been asserted will be treated by the Department as entitled to confidential treatment, unless the Department determines that the information is not entitled to confidential treatment as provided in this section and 7:28-4.22.
(b) The Department shall act upon a confidentiality claim and determine whether information is or is not entitled to confidential treatment whenever the Department:
1. Receives a request under 47:1A-1 et seq. to inspect or copy such information; or
2. Desires to determine whether information in its possession is entitled to confidential treatment; or
3. Desires for any reason in the public interest to disclose the information to persons not authorized by this subchapter to have access to confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.22 - Substantive criteria for use in confidentiality determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the applicant satisfies each of the following substantive criteria, the Department shall determine that the information for which a confidentiality claim has been asserted is confidential:
1. The applicant has asserted a confidentiality claim which has not expired by its terms, been waived or withdrawn;
2. The applicant has shown that reasonable measures have been taken to protect the confidentiality of the information and that the applicant intends to continue to take such measures;
3. The information is not, and has not been, available or otherwise disclosed to other persons without the applicant's consent (other than by subpoena or by discovery based on a showing of special need in a judicial or quasi-judicial proceeding, as long as the information has not become available to persons not involved in the proceeding);
4. No statute specifically requires disclosure of the information; and
5. The applicant has shown that disclosure of the information would be likely to cause substantial damage to its competitive position.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.23 - Disclosure of confidential information to other public agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose confidential information to persons other than Department employees only as provided in this section or 7:28-4.24.
(b) The Department may disclose confidential information to any other State agency or to a Federal agency if:
1. The Department receives a written request for disclosure of the information from a duly authorized officer or employee of the other agency;
2. The request sets forth the official purpose for which the information is needed;
3. The Department notifies the other agency of the Department's determination that the information is entitled to confidential treatment, or of any unresolved confidentiality claim covering the information;
4. The other State or Federal agency has first furnished to the Department a written formal legal opinion from the agency's chief legal officer or counsel stating that under applicable law the agency has the authority to compel the person who submitted the information to the Department to disclose such information to the other agency; and
5. The other agency agrees not to disclose the information further unless:
i. The other agency has statutory authority both to compel production of the information and to make the proposed disclosure; or
ii. The other agency has obtained the consent of the affected owner or operator to the proposed disclosure; and
6. The other agency has adopted regulations or operates under statutory authority that will allow it to preserve confidential information from unauthorized disclosure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.24 - Disclosure by consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may disclose any confidential information to any person if it has obtained the written consent of the applicant to such disclosure.
(b) The giving of consent by an applicant to disclose shall not be deemed to waive a confidentiality claim with regard to further disclosures unless the authorized disclosure is of such a nature as to make the disclosed information accessible to the general public.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.25 - Disclosure based on imminent and substantial danger

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a finding that disclosure of confidential information would serve to alleviate an imminent and substantial danger to public health and the environment, the Department may:
1. Prescribe and make known to the applicant such shorter comment period (7:28-4.21(c)4  ), post-determination waiting period (7:28-4.21(d)1  ), or both, as it finds necessary under the circumstances; or
2. Disclose confidential information to any person whose role in alleviating the danger to public health and the environment necessitates that disclosure. Any such disclosure shall be limited to information necessary to enable the person to whom it is disclosed to carry out the activities in alleviating the danger.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.26 - Security procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submissions to the Department pursuant to the Act and this chapter will be opened only by persons authorized by the Department engaged in administering the Act and this chapter.
(b) Only those Department employees whose activities necessitate access to information for which a confidentiality claim has been made, shall open any envelope which is marked "CONFIDENTIAL".
(c) All submissions entitled to confidential treatment as determined at 7:28-4.21 shall be stored by the Department only in locked cabinets.
(d) Any record made or maintained by Department employees which contains confidential information shall contain appropriate indicators identifying the confidential information.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 4 - LICENSING OF NATURALLY OCCURRING OR ACCELERATOR PRODUCED RADIOACTIVE MATERIALS › Section 7:28-4.27 - Wrongful access or disclosure; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not disclose, seek access to, obtain or have possession of any confidential information obtained pursuant to the Act or this chapter, except as authorized by this subchapter.
(b) Every Department employee who has custody or possession of confidential information shall take appropriate measures to safeguard such information and to protect against its improper disclosure.
(c) A Department employee shall not disclose, or use for his or her private gain or advantage, any information which came into his or her possession, or to which he or she gained access, by virtue of his or her official position of employment or contractual relationship with the Department.
(d) If the Department finds that any person has violated provisions of this subchapter, it may:
1. Commence a civil action in Superior Court for a restraining order and an injunction barring that person from further disclosing confidential information.
2. Pursue any other remedy available by law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 5 - CONTROLLED AREAS FOR REGISTRANTS › Section 7:28-5.1 - Areas that registrants must control

Current through Register Vol. 56, No. 14, July 15, 2024
Every area in which there is any reasonable possibility of an occupant receiving an exposure dose from radiation more than the dose specified in N.J.A.C. 7:28-6 for radiation levels outside a controlled area shall be set apart as a controlled area by any person having possession, custody or control of any ionizing radiation-producing machine.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 5 - CONTROLLED AREAS FOR REGISTRANTS › Section 7:28-5.2 - Limitations on controlled areas for registrants

Current through Register Vol. 56, No. 14, July 15, 2024
No area within controlled areas shall be used for residential quarters although a room or rooms in residential buildings may be set apart as a controlled area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 5 - CONTROLLED AREAS FOR REGISTRANTS › Section 7:28-5.3 - Precautionary procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person having possession, custody or control of any ionizing radiation-producing machine shall comply with the following precautionary procedures:
1. Area surveys shall be performed in controlled areas and in adjacent areas to insure that exposure levels to individuals conform to N.J.A.C. 7:28-6. The surveys shall be performed in accordance with N.J.A.C. 7:28-7, Radiation Surveys and Personnel Monitoring for Registrants.
2. All individuals entering a controlled area shall wear personnel monitoring equipment pursuant to the requirements for the use of personnel monitoring equipment in N.J.A.C. 7:28-7.
3. Proper and adequate instruction shall be given to all personnel working in controlled areas in the use of necessary safeguards and procedures, and they shall be supplied with such safety devices as may be required.
4. Adequate instructions or an escort shall be provided to all personnel frequenting or visiting controlled areas as shall be necessary to prevent unnecessary exposure.
5. The area shall be posted in accordance with N.J.A.C. 7:28-10.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 6 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 7:28-6.1 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b), (c), and (d) below, this subchapter incorporates by reference 10 CFR Part 20, Standards for Protection Against Radiation.
(b) The Department does not regulate nuclear reactors, special nuclear materials in quantities sufficient to form a critical mass, high-level waste disposal facilities, or byproduct material defined in Section 11e(2) of the Atomic Energy Act of 1954, as amended ( 42 U.S.C. §
										2014 ). Insofar as the incorporated rules refer to those facilities and/or materials previously referenced, those references are not incorporated, nor do any cross references include those facilities and/or materials.
(c) The following provisions of 10 CFR Part 20 are not incorporated by reference. If there is a cross reference to a Federal citation specifically entirely excluded from incorporation, then the cross referenced citation is not incorporated by virtue of the cross reference:
1.
										10 CFR 20.1001, Purpose;
2.
										10 CFR 20.1002, Scope;
3.
										10 CFR 20.1003, Definitions, the following definitions are not incorporated by reference: "act," "Commission," "Department," and "sanitary sewerage system";
4.
										10 CFR 20.1007, Communications;
5.
										10 CFR 20.1009, Implementation collection requirements: OMB approval;
6.
										10 CFR 20.1401, General provisions and scope;
7.
										10 CFR 20.1402, Radiological criteria for unrestricted use;
8.
										10 CFR 20.1406(b);
9.
										10 CFR 20.1403, Criteria for license termination under restricted conditions;
10.
										10 CFR 20.1404, Alternate criteria for license termination;
11.
										10 CFR 20.1405, Public notification and public participation;
11.
										10 CFR 20.2301, Application for exemptions;
12.
										10 CFR 20.1905(g), Exemptions to labeling requirements;
13.
										10 CFR 20.2201(b)(2)(i), Reports of theft or loss of licensed material;
14.
										10 CFR 20.2203(c), Reports of exposures, radiation levels, and concentrations of radioactive material exceeding the constraints or limits;
15.
										10 CFR 20.2206(a)(1), (3), (4), and (5), Reports of individual monitoring;
16.
										10 CFR 20.2301, Application for exemptions; and
17.
										10 CFR 20.2401, Violations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 7 - RADIATION SURVEYS AND PERSONNEL MONITORING FOR REGISTRANTS › Section 7:28-7.1 - Surveys inside controlled areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The registrant shall ensure that controlled areas shall be surveyed by, or under the direction of, a qualified individual to determine if the installation is maintained and operations are conducted in compliance with this chapter.
(b) The registrant shall ensure that radiation levels shall be determined with the use of suitable instruments and methods.
(c) The registrant shall ensure that the record of a survey shall contain, but shall not be limited to the radiation levels, the time the radiation is produced, the workweek and the fraction of the workweek that any individual may be exposed to the radiation.
(d) The registrant shall ensure that subsequent surveys shall be conducted at such times and as frequently as may be necessary to assure that the controlled areas and operations remain in compliance with this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 7 - RADIATION SURVEYS AND PERSONNEL MONITORING FOR REGISTRANTS › Section 7:28-7.2 - Surveys outside controlled areas

Current through Register Vol. 56, No. 14, July 15, 2024
Surveys shall be made outside controlled areas at sufficient intervals and locations as may be necessary to insure compliance with N.J.A.C. 7:28-6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 7 - RADIATION SURVEYS AND PERSONNEL MONITORING FOR REGISTRANTS › Section 7:28-7.3 - Statement in lieu of actual survey

Current through Register Vol. 56, No. 14, July 15, 2024
A written statement signed by a qualified individual and including his calculations and analysis of the dose rates in the vicinity of a radiation source may be acceptable in place of the survey required in 7:28-7.1, Surveys inside controlled areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 7 - RADIATION SURVEYS AND PERSONNEL MONITORING FOR REGISTRANTS › Section 7:28-7.4 - Use of personnel-monitoring equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner shall supply appropriate personnel-monitoring equipment to and shall require that it be used by:
1. Each individual who enters a controlled area under such circumstances that he receives, or is likely to receive, a dose in excess of 25 millirems in any period of seven consecutive days;
2. Each individual under 18 years of age who enters a controlled area under such circumstances that he receives or is likely to receive a dose in excess of ten millirems in any period of seven consecutive days;
3. Each individual who enters a high radiation area; and
4. At least one visitor in a group of visitors entering a controlled area.