Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-12 - Terms and conditions of licenses

Current through all regulations passed and filed through July 1, 2024
(A) General terms and conditions of licenses
			 include:
(1) Each license issued pursuant to
			 the rules in Chapter 3701:1-43 of the Administrative Code shall be subject to
			 all the provisions of Chapter 3748. of the Revised Code and the rules adopted
			 thereunder, now or hereafter in effect, and to all rules, requirements, and
			 orders of the director.
(2) No
			 license issued or granted pursuant to the rules in Chapter 3701:1-43 of the
			 Administrative Code 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 director shall,
			 after securing full information, find that the transfer is in accordance with
			 the provisions of Chapter 3748. of the Revised Code and rules promulgated
			 thereunder, and shall give consent in writing.
(3) Neither the license, nor any right under
			 the license, shall be assigned or otherwise transferred in violation of the
			 provisions of Chapter 3748. of the Revised Code and the rules adopted
			 thereunder.
(4) Each person
			 licensed by the director pursuant to the rules in Chapter 3701:1-43 of the
			 Administrative Code shall confine his possession and use of TENORM to the
			 locations and purposes authorized in the license. Except as otherwise provided
			 in the license, a license issued pursuant to the rules in Chapter 3701:1-43 of
			 the Administrative Code shall carry with it the right to receive, possess, and
			 use TENORM. Preparation for shipment and transport of TENORM shall be in
			 accordance with the provisions of Chapter 3701:1-50 of the Administrative
			 Code.
(5) The director may
			 incorporate in any license at the time of issuance, or thereafter, by
			 appropriate rule, regulation or order, 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 health or to minimize
			 danger to life 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 necessary or appropriate
			 to effectuate the purposes of Chapter 3748. of the Revised Code and the rules
			 adopted thereunder; and
(c) Prevent
			 loss, theft, or loss of control of TENORM subject to this chapter.
(6)
(a) Each licensee shall notify the
			 director
										by certified mail within ten
			 business days of the
			 commencement of a voluntary or involuntary bankruptcy petition 
										that has been
			 filed by or against:
(i) The
			 licensee;
(ii) An entity, defined
			 in this rule as person, estate, trust, governmental unit, and United States
			 trustee, controlling the licensee or listing the license or licensee as
			 property of the estate; or
(iii) An
			 affiliate of the licensee, defined in this rule as an entity that directly or
			 indirectly owns, controls, or holds with power to vote, twenty per cent or more
			 of the outstanding voting securities of the debtor, other than an entity that
			 holds such securities:
(a) In a fiduciary or
			 agency capacity without sole discretionary power to vote such securities;
			 or
(b) Solely to secure a debt, if
			 such entity has not in fact exercised such power to vote.
(b) This notification must
			 indicate:
(i) The bankruptcy court in which
			 the petition for bankruptcy was filed; and
(ii) The date of the filing of the
			 petition.
(7)
			 Each licensee shall notify the director in writing prior to commencing
			 activities to reclaim the licensed facility and site.
(8) 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 director:
(a) The location of the facility, site, or
			 area;
(b) The plan for reclaiming
			 or decontaminating the facility, site or area; and
(c) An evaluation of any changes to the
			 financial assurance submitted in accordance with rule
			 3701:1-43-13 of the
			 Administrative Code.
(9)
			 For temporary jobsites:
(a) When temporary
			 jobsites are authorized on a specific license, TENORM may be used at temporary
			 jobsites throughout the state of Ohio in accordance with the reciprocal
			 recognition provisions of rule
			 3701:1-43-19 of the
			 Administrative Code, 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
			 Ohio, 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.