Section 330.240 Filing Applications for Specific Licenses

Section 330

Section 330.240  Filing

Applications for Specific Licenses

a)         Application requirements:

1)         Applications for the issuance, renewal or amendment of

specific licenses shall be submitted in English.

AGENCY NOTE:

Applications involving Agency evaluation of a sealed source or device

containing radioactive material shall be in accordance with the requirements of

this Section.

2)         Applications for initial issuance, amendment and renewal of

specific licenses shall be in the format prescribed by the

Agency.

Each application filed shall be complete with all requested

information submitted, including all applicable attachments.  The Agency may at

any time after the filing of the original application, and before the

expiration or termination of the license, require further statements from the

applicant or licensee to enable the Agency to determine whether the application

should be granted or denied or whether an existing license should be modified

or revoked in accordance with Section 330.500.

3)         Each application shall include all information required by

this Part and any other Parts of 32 Ill. Adm. Code: Chapter II, Subchapters b

and d, applicable to the requested authorizations.

4)         An application may incorporate by reference information

contained in previous applications, statements or reports filed with the

Agency, provided the references are clear and specific.

5)         Each application and each request for amendment shall be

signed by the applicant, licensee, or a person duly authorized in writing to

act for and on the licensee or applicant's behalf.

6)         Each

application shall identify the Radiation Safety Officer.  The proposed

activities shall be under the same administrative control for radiation safety

purposes and the same radiation protection program

pplication and each request for amendment shall be

signed by the applicant, licensee, or a person duly authorized in writing to

act for and on the licensee or applicant's behalf.

6)         Each

application shall identify the Radiation Safety Officer.  The proposed

activities shall be under the same administrative control for radiation safety

purposes and the same radiation protection program.

7)         An application may request authority to receive, possess,

utilize, manufacture, distribute, transfer, own or acquire radioactive material

or devices or equipment utilizing or producing radioactive materials.  The

request can include one or more of these activities.

8)         An application for a specific license to authorize receipt,

possession or use of radioactive material in the form of a sealed source or in

a device that contains a sealed source:

A)        Shall identify the sealed source or device that contains a

sealed source by manufacturer and model as registered with the U.S. Nuclear

Regulatory Commission under 10 CFR 32.210, or with an Agreement State or, for a

source or device containing naturally occurring or accelerator-produced

material, with a state under provisions comparable to 10 CFR 32.210; or

B)        Shall contain the information identified in Section

330.280(m); or

C)        Shall

describe, for a sealed source or device containing radioactive material

manufactured prior to October 23, 2015, that is not registered with NRC in

accordance with 10 CFR 32.210 or with an Agreement State and for which the

applicant is unable to provide the information described in Section

330.280(m)(3):

i)          The

information required by Section 330.280(m)(3) concerning the source and, if

applicable, the device; and

ii)         Sufficient

additional information to demonstrate that the radiation safety properties of

the source or device are adequate to protect health and minimize danger to life

and property

plicant is unable to provide the information described in Section

330.280(m)(3):

i)          The

information required by Section 330.280(m)(3) concerning the source and, if

applicable, the device; and

ii)         Sufficient

additional information to demonstrate that the radiation safety properties of

the source or device are adequate to protect health and minimize danger to life

and property.  The information shall include a description of the source or

device, a description of radiation safety features, the intended use and

associated operating experience, and the results of a recent leak test; or

D)        For

sealed sources and devices allowed to be distributed without

registration of safety information

in accordance with Section 330.280(m)(7), may describe only the manufacturer,

model number, radionuclide and quantity; or

E)        If it

is not feasible to identify each sealed source and device individually, may

propose constraints on the number and type of sealed sources and devices to be

used and the conditions under which they will be used, in lieu of identifying

each sealed source and device.

9)         For

each location to be listed on the license as an authorized use location, the

applicant shall submit:

A)         A statement that the applicant owns the facility where

radioactive material is used or stored; or

B)         A signed acknowledgement from the facility owner or

authorized representative of the owner that the owner is aware radioactive

material is being or will be used or stored at the facility; or

C)         A copy of a letter or statement from the facility owner or

authorized representative of the owner indicating that the owner is aware that

radioactive material is being used or will be used or stored at the facility

ment from the facility owner or

authorized representative of the owner that the owner is aware radioactive

material is being or will be used or stored at the facility; or

C)         A copy of a letter or statement from the facility owner or

authorized representative of the owner indicating that the owner is aware that

radioactive material is being used or will be used or stored at the facility.

AGENCY NOTE:  Subsection

10(11) of the Radiation Protection Act of 1990, 420 ILCS 40, requires the

Agency to provide written notice of an application for a new license for a

fixed location facility or a license amendment for a new location for a

facility to the municipality, or county where appropriate, where the facility

is located.

10)        The

applicant shall ensure that all applicable fees specified in 32 Ill. Adm. Code

331 are paid in full when due.

11)        The applicant

shall address the Emergency Plan requirements of Section 330.250(e), when

applicable.

b)         Review

of application or amendment request.  When evaluating an application or an

amendment request, the Agency shall consider:

1)         The completeness of the application or amendment request;

2)         The complexity, similarity and proximity of the proposed

activities;

3)         The

radiation protection program proposed by the applicant to ensure the protection

of the licensee's personnel, the public and the environment;

4)         The

qualifications and experience of the applicant's proposed Radiation Safety

Officer and authorized users; and

5)         The applicant's history of compliance.

c)         Public access to information.  Public inspection of

applications and other documents submitted to the Agency pursuant to this

Section shall be in accordance with 2 Ill. Adm. Code 1800 and the requirements

of the Freedom of Information Act [5 ILCS 140].