Ohio Admin. Code 3701:1-40-15 - General requirements for issuance of specific licenses
(A) An application
for a specific license will be approved if:
(1) The application is for a purpose
authorized by Chapter 3748. of the Revised Code and the rules adopted
thereunder;
(2) The applicant's
proposed equipment and facilities are adequate to protect health and minimize
danger to life or property or the environment;
(3) The applicant is qualified by training
and experience to use the radioactive material for the purpose requested in
such manner as to protect health and minimize danger to life or property or the
environment;
(4) The applicant
satisfies any special requirements contained in rule
3701:1-38-02
of the Administrative Code, and Chapters 3701:1-46, 3701:1-48, 3701:1-49,
3701:1-52, and 3701:1-58 of the Administrative Code; and
(5) In the case of an application for a
license to receive and possess radioactive material for the conduct of any
activity which the director determines could potentially affect the quality of
the environment, the department, before commencement of construction of the
plant or facility in which the activity will be conducted, on the basis of
information filed and evaluations made pursuant to rule
3701:1-40-30
of the Administrative Code, has concluded, after weighing the environmental,
economic, technical, and other benefits against environmental costs and
considering available alternatives, shall conclude that the action called for
is the issuance of the proposed license, with any appropriate conditions to
protect environmental values. Commencement of construction prior to such
conclusion shall be grounds for denial of a license to receive and possess
radioactive material in such plant or facility. As used in this paragraph the
term "commencement of construction" is as defined in
rule
3701:1-38-01 of the
Administrative Code.
means any clearing of
land, excavation, or other substantial action that would adversely affect the
environment of a site. The term does not mean site exploration, necessary roads
for site exploration, borings to determine foundation conditions, or other
preconstruction monitoring or testing to establish background information
related to the suitability of the site or the protection of environmental
values.
(B)
Upon a determination that an application meets the requirements of Chapter
3748. of the Revised Code and the rules adopted thereunder, the director will
issue a specific license authorizing the possession and use of radioactive
material.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 08/15/2005, 10/04/2010, 07/25/2013
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 7/22/2001, 8/15/05, 10/4/10, 7/25/13
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