Section 330.310 Terms and Conditions of Specific and General Licenses

Section 330

Section 330.310  Terms and

Conditions of Specific and General Licenses

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

cations 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

ial 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

ties 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

d

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

n 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

terials 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.