Ohio Admin. Code 3701:1-46-31 - Radioactive material contained in devices for use under rule 3701:1-46-05 of the Administrative Code: conditions of licenses
(A) If a device
containing radioactive material is to be transferred for use under the general
license contained in rule
3701:1-46-05
of the Administrative Code, each person that is licensed under rule
3701:1-46-30
of the Administrative Code shall provide the information specified in this
paragraph to each person to whom a device is to be transferred. This
information must be provided before the device may be transferred. In the case
of a transfer through an intermediate person, the information must also be
provided to the intended user prior to the initial transfer to the intermediate
person. The required information includes:
(1) A copy of rule
3701:1-46-05
of the Administrative Code; if paragraphs (C)(2) to (C)(4), or (C)(13) of rule
3701:1-46-05
of the Administrative Code do not apply to the particular device, those
paragraphs may be omitted;
(2) A
copy of rule
3701:1-46-03,
paragraphs (A) and (B) of rule
3701:1-38-21, and rule
3701:1-40-21 of the
Administrative Code;
(3) A list of
the services that can only be performed by a specific licensee;
(4) Information on acceptable disposal
options including estimated costs of disposal at the time of the
purchase;
(5) A copy of rule
3701:1-38-05
of the Administrative Code which provides for penalties for improper disposal;
and
(6) The device has been
registered in the sealed source and device registry.
(B) If radioactive material is to be
transferred in a device for use under an equivalent general license of the
United States nuclear regulatory commission or an agreement state, each person
that is licensed under rule
3701:1-46-30
of the Administrative Code shall provide the information specified in this
paragraph to each person to whom a device is to be transferred. This
information must be provided before the device may be transferred. In the case
of a transfer through an intermediate person, the information must also be
provided to the intended user prior to initial transfer to the intermediate
person. The required information includes:
(1) A copy of paragraphs (A) and (B) of rule
3701:1-38-21, and rules
3701:1-40-21,
3701:1-46-03,
and
3701:1-46-05
of the Administrative Code or equivalent United States
nuclear regulatory commission or agreement state regulations ;
(2) A list of the services that can only be
performed by a specific licensee;
(3) Information on acceptable disposal
options including estimated costs of disposal at the time of the purchase;
and
(4) The name, address, and
phone number of the contact at the United States nuclear regulatory commission
or the agreement state regulatory agency from which additional information may
be obtained.
(C) An
alternate approach to informing customers may be proposed by the licensee for
approval by the director.
(D) If a
notification of bankruptcy has been made under paragraph (F) of rule
3701:1-40-16
of the Administrative Code, or the license is to be terminated, each person
licensed under rule
3701:1-46-30
of the Administrative Code shall provide, upon request, to the director, and if
appropriate, to the United States nuclear regulatory commission and any
appropriate agreement state records of final disposition required under
paragraph (C) of rule
3701:1-46-32
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/20/2002, 01/20/2008, 12/01/2012, 11/08/2015
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