a) Each specific or general license issued
pursuant to this Part shall be subject to all applicable license conditions,
provisions of the Act, and all applicable rules, regulations and orders of the
Agency.
b) Each person granted a
general license by this Part shall provide information required by the Agency
to track the location and use of generally-licensed radioactive material. The
information shall be in the format prescribed by the Agency, shall be complete
and accurate, and shall be due within the time frame indicated on the
notification. In accordance with 32 Ill. Adm. Code
310.50, the
Agency may inspect and investigate premises, operations or personnel and have
access to or copy records:
1) Of a person who
fails to provide information as required by this subsection (b); or
2) For the purpose of evaluating past,
current or potential hazards to the public health, workers or the environment
resulting from radiation.
c) No specific license issued or granted to
any person pursuant to this Part and no right to possess or use radioactive
material granted to any person by any specific 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 the specific license to any other person unless the Agency:
1) Is provided notification, including the
identity and technical qualifications of the proposed transferee, not later
than 90 days prior to the transfer;
2) Finds that the proposed transfer,
assignment or disposal is in accordance with the provisions of the
Act;
3) Consents in writing to the
proposed transfer, assignment or disposal; and
4) Finds the transferee, when applicable, to
be compliant with the requirements of 32 Ill. Adm. Code
326.
AGENCY NOTE: Agency consent is required prior to any transfer
or assignment of a specific license. A purported transfer or assignment without
prior written consent may subject the purported transferor or assignor to
penalties for violating this Section. Likewise, a purported transferee or
assignee may also be subject to penalties if it does not have a valid specific
license and possesses radioactive material or performs activities requiring a
valid specific license.
d) Upon approval from the Agency under
subsection (c)(2) for transfer, assignment or disposal of a specific license,
the transferor shall ensure the following information is provided to the
transferee:
1) The radioactive material
license and all documents referenced in the license;
2) Records maintained in accordance with 32
Ill. Adm. Code
340, Subpart L, inventory records, and any other records
required by subsections (k) and (l); and
3) Any other information required by the
Agency pursuant to the approval granted.
e) Each person licensed by the Agency
pursuant to this Part shall confine use and possession of the material licensed
to the locations and purposes authorized in the license and, to the extent
practical, conduct operations to minimize the introduction of residual
radioactivity into the site and/or facility of operation, including the
subsurface.
f) Each person issued a
specific license pursuant to this Part shall maintain the license in accordance
with the requirements of Section
330.320.
g) When temporary jobsites are authorized on
a specific license, radioactive material may be used at temporary jobsites, in
areas not under exclusive federal jurisdiction, throughout the State of
Illinois.
AGENCY NOTE: Authorization for use of byproduct radioactive
materials at jobsites under exclusive federal jurisdiction must be obtained
from NRC, either by filing an NRC Form-241 in accordance with
10 CFR
150.20(b), "Recognition of
Agreement State Licenses", or by applying for a specific license from NRC.
Also, specific licenses issued by the Agency do not authorize activities in
other states. Before radioactive materials can be used at a temporary jobsite
in another state, a license must be obtained from the appropriate state or
federal regulatory agency.
h) Each person issued a specific license
pursuant to this Part shall apply for an appropriate license amendment not
later than 30 days after a Radiation Safety Officer permanently discontinues
performance of duties under the license.
i) Notification
1) Each specific licensee shall notify the
Agency in writing not later than 60 days after principal activities involving
the use of radioactive materials, including sealed sources and devices, at the
site or in a separate building or outdoor area have not occurred for a period
of 2 years, and the licensee has not decontaminated the site or properly
disposed of the sealed sources or devices.
AGENCY NOTE: Principal activities are those originally
authorized on the license for that site or location. For example, licensees
could not store radioactive material in an otherwise unused building to avoid
end-of-use decommissioning, unless storage was a principal activity for that
building.
2) This
notification shall include a description of the location of the site, building
or outdoor area and a plan for reclaiming or decommissioning these facilities
(including a proposed schedule) for release in accordance with applicable
regulations. The notification shall include an evaluation of any changes, if
required, to financial assurance arrangements submitted in accordance with 32
Ill. Adm. Code
326. Upon approval of the plan by the Agency, implementation
shall begin within 6 months and be completed within 24 months after approval
(unless the Agency approves a different schedule).
AGENCY NOTE: 32 Ill. Adm. Code
340.1310
requires licensees to notify the Agency no less than 30 days before vacating or
relinquishing possession or control of premises that may have been contaminated
with radioactive material.
3) For a device with a shutter that is not
being used, the shutter shall be locked in the closed position. Testing for
proper operation of the on-off mechanism and indicator is not required during
the storage period. However, the on-off mechanism and indicator shall be
checked before the device is returned to service if the device has not been
tested within the required test interval. Tests for leakage of, or
contamination by, radioactive material, as applicable to devices in storage,
shall be conducted in accordance with 32 Ill. Adm. Code
340.410.
4) A device kept in standby for future use is
exempt from the 2-year storage limit if the person performs a quarterly
physical inventory of the device while it is in standby. The requirements of
subsection (i)(3) shall apply.
j) Notification of Bankruptcy
1) Each specific or general licensee shall
notify the Agency, 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 by or against:
A) The licensee;
B) An entity (as the term is defined in
11
USC
101(15)) controlling the
licensee or listing the license or licensee as property of the estate;
or
C) An affiliate (as the term is
defined in
11
USC
101(2)) of the
licensee.
2) This
notification shall indicate:
A) The bankruptcy
court in which the petition for bankruptcy was filed;
B) The date of the filing of the
petition;
C) The chapter under
which the bankruptcy petition has been filed;
D) The name, address and phone number of the
bankruptcy trustee (if a trustee has been named at the time of the
notification);
E) Whether the
licensed radiation source remains in the possession and control of the licensee
and whether any change in possession or control is expected or
contemplated;
F) The name of the
person in possession and control of the licensed radiation source if the
licensee no longer maintains possession or control; and
G) Whether the Agency has been named in the
bankruptcy petition either as a creditor or in some other capacity.
k) Recordkeeping
Requirements for Potentially Contaminated Areas. Except for areas containing
only sealed sources, provided the sources have not leaked, or no contamination
remains after any leakage, and except for areas where only radioactive
materials with half-lives less than 90 days were used or stored, each specific
licensee shall keep:
1) Records of spills or
other unusual occurrences involving the spread of contamination in and around
the facility, equipment or site, when contamination remains after any cleanup
procedures or when there is reasonable likelihood the contaminants may have
spread to inaccessible areas (as in the case of possible seepage into porous
materials such as concrete). These records must include the location and any
known information on identification of involved radionuclides, quantities,
chemical and physical forms, and concentrations.
2) Drawings and subsequent modifications of
structures and equipment in restricted areas where radioactive materials are
used or stored, and of locations of possible inaccessible contamination, such
as buried or enclosed pipes, that may be subject to contamination. If required
drawings are referenced, each relevant document need not be indexed
individually. If drawings are not available, the licensee shall substitute
appropriate records of available information concerning these areas and
locations.
l) Each
licensee shall maintain the following records, if applicable:
1) Records of all areas where low-level
radioactive wastes were buried, including areas previously authorized by and
documented pursuant to
10 CFR
20.2108.
2) Records of the Agency-approved cost
estimate for the amount certified for reclaiming and the associated reclamation
plan, for licensees required by 32 Ill. Adm. Code
326 to secure financial
assurance arrangements.
3) All
records required to be maintained pursuant to 32 Ill. Adm. Code Chapter II,
Subchapters b and d.
m)
To lawfully obtain termination for a specific license, each licensee shall meet
the termination requirements of this Part.