North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-17 - Conditions of specific licenses

Current through Supplement No. 393, July, 2024
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 23.1-02, 23.1-03, and 23.1-05, 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 23.1-02,
				23.1-03, and 23.1-05, 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 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
				  33.1-10-23-12.
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
				33.1-10-23-25.
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
				33.1-10-23-24 or 33.1-10-19, 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.