Mont. Admin. R. 37.14.511 - GENERAL LICENSES: SOURCE MATERIAL
(1)
A general license is hereby issued authorizing use and transfer of not more
than 15 pounds of source material at any 1 time by persons in the following
categories:
(a) Pharmacists using the source
material solely for the compounding of medicinals.
(b) Physicians using the source material for
medicinal purposes.
(c) Persons
receiving possession of source material from pharmacists and physicians in the
form of medicinals or drugs.
(d)
Commercial and industrial firms, and research, educational, and medical
institutions, and state and local governmental agencies for research,
development, educational, commercial or operational purposes.
(e) And provided, that no such person shall,
pursuant to this general license, receive more than a total of 150 pounds of
source material in any 1 calendar year.
(2) Persons who receive, possess, use, or
transfer source material pursuant to the general license issued in (1) of this
rule are exempt from the provisions of ARM Title 37, chapter 14, subchapters 7
and 17, to the extent that such receipt, possession, use, or transfer is within
the terms of such general license; provided, however, that this exemption shall
not be deemed to apply to any such person who is also in possession of source
material under a specific license issued pursuant to this subchapter.
(3) A general license is hereby issued
authorizing the receipt of title to source material without regard to quantity.
This general license does not authorize any person to receive, possess, use, or
transfer source material.
(4)
(a) A general license is hereby issued to
receive, acquire, possess, use, or transfer, in accordance with the provisions
of (b) through (e) below, depleted uranium contained in industrial products or
devices for the purpose of providing a concentrated mass in a small volume of
the product or device.
(b) The
general license in (a) above applies only to industrial products or devices
which have been manufactured either in accordance with a specific license
issued to the manufacturer of the products or devices pursuant to ARM
37.14.542(13) or
in accordance with a specific license issued to the manufacturer by the US
nuclear regulatory commission or an agreement state which authorizes
manufacture of the products or devices for distribution to persons generally
licensed by the US nuclear regulatory commission or an agreement
state.
(c)
(i) Persons who receive, acquire, possess, or
use depleted uranium pursuant to the general license established by (a) above
shall file department form MRH-12, "Registration Certificate--Use of Depleted
Uranium Under General License", with the department. The form shall be
submitted within 30 days after the first receipt or acquisition of such
depleted uranium. The registrant shall furnish on department form MRH-12 the
following information and such other information as may be required by that
form:
(A) name and address of the
registrant;
(B) a statement that
the registrant has developed and will maintain procedures designed to establish
physical control over the depleted uranium described in (a) above and designed
to prevent transfer of such depleted uranium in any form, including metal
scrap, to persons not authorized to receive the depleted uranium; and
(C) name and/or title, address, and telephone
number of the individual duly authorized to act for and on behalf of the
registrant in supervising the procedures identified in (B) above.
(ii) The registrant possessing or
using depleted uranium under the general license established by (a) above shall
report in writing to the department any changes in information furnished by him
in department form MRH-12, "Registration Certificate--Use of Depleted Uranium
Under General License". The report shall be submitted within 30 days after the
effective date of such change.
(d) A person who receives, acquires,
possesses, or uses depleted uranium pursuant to the general license established
by (a) above:
(i) Shall not introduce such
depleted uranium, in any form, into a chemical, physical, or metallurgical
treatment or process, except a treatment or process for repair or restoration
of any plating or other covering of the depleted uranium.
(ii) Shall not abandon such depleted
uranium.
(iii) Shall transfer or
dispose of such depleted uranium only by transfer in accordance with the
provisions of ARM
37.14.547. In the case where the
transferee receives the depleted uranium pursuant to the general license
established by (a) above, the transferor shall furnish the transferee a copy of
this rule and a copy of department form MRH-12. In the case where the
transferee receives the depleted uranium pursuant to a general license
contained in the US nuclear regulatory commission's or agreement state's
regulation equivalent to (a) above, the transferor shall furnish the transferee
a copy of this rule and a copy of department form MRH-12 accompanied by a note
explaining that use of the product or device is regulated by the US nuclear
regulatory commission or agreement state under requirements substantially the
same as those in this rule.
(iv)
Within 30 days of any transfer, shall report in writing to the department the
name and address of the person receiving the depleted uranium pursuant to such
transfer.
(v) Shall not export such
depleted uranium except in accordance with a license issued by the US nuclear
regulatory commission pursuant to 10 CFR Part 110.
(e) Any person receiving, acquiring,
possessing, using, or transferring depleted uranium pursuant to the general
license established by (a) above is exempt from the requirements of ARM Title
37, chapter 14, subchapters 7 and 17, with respect to the depleted uranium
covered by that general license.
Notes
Sec. 75-3-202, MCA; IMP, Sec. 75-3-202, MCA;
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