Section 330.325 Termination Requirements for Specific Licenses and Locations of Use

Section 330.325  Termination

Requirements for Specific Licenses and Locations of Use

a)         To

lawfully obtain termination of a specific license or a location of use, each

licensee shall meet the requirements of this Section no later than the end of

the expiration date on the specific license or on any applicable amendment to

the specific license unless the licensee has filed an application for renewal

in accordance with Section 330.320(a) of this Part prior to the expiration

date.

AGENCY NOTE:  If the licensee has

filed a renewal application in accordance with Section 330.320(a) of this Part

and the Agency subsequently denies the application, the Agency shall, in an

order issued to the licensee in accordance with the Act, the Illinois

Administrative Procedure Act [5 ILCS 100] and 32 Ill. Adm. Code 200, specify

the time by which the licensee must meet the requirements of this Section.

b)         Requirements

for Obtaining Termination of a Specific License, Removal of a Site or Location

of Use from a Specific License

1)         The

licensee shall:

A)        Cease

use of radioactive material;

B)        Remove

radioactive contamination to levels considered acceptable for unrestricted

use.  A site will be considered acceptable for unrestricted use when:

i)          Radioactive

contamination is removed to levels outlined in 32 Ill. Adm. Code 340.Appendix

A; or

ii)         The

residual radioactivity, excluding radon, thoron and their progeny, that is

distinguishable from background radiation does not result in a total effective

dose equivalent (TDE) to an average member of the critical group that exceeds

25 mrem (0.25 mSv) per year, including that from groundwater sources of

drinking water, and the residual radioactivity has been reduced to levels that

are as low as reasonably achievable (ALARA)

ng radon, thoron and their progeny, that is

distinguishable from background radiation does not result in a total effective

dose equivalent (TDE) to an average member of the critical group that exceeds

25 mrem (0.25 mSv) per year, including that from groundwater sources of

drinking water, and the residual radioactivity has been reduced to levels that

are as low as reasonably achievable (ALARA).  Determination of the levels that

are ALARA must take into account consideration of any detriments, such as

deaths from transportation accidents, expected to potentially result from

decontamination and waste disposal;

C)        Properly

transfer and/or dispose of radioactive material;

D)        Submit

a completed Agency Form KLM.007 (Certificate Termination and Disposition of

Radioactive Material) or provide equivalent information;

E)        For

licensees authorized to possess sealed sources, submit evidence of transfer

and/or disposal of all sealed sources authorized on the license and a copy of

the most recent leak test; and

F)         For

licensees authorized to possess radioactive material in forms other than sealed

sources, submit a radiation survey report to confirm the absence of radioactive

materials or to establish the levels of residual radioactive contamination,

unless the licensee demonstrates the absence of residual radioactive

contamination in some other manner.  The radiation survey report shall specify

the date of the survey and the instrumentation used and shall certify that each

instrument was properly calibrated and tested

report to confirm the absence of radioactive

materials or to establish the levels of residual radioactive contamination,

unless the licensee demonstrates the absence of residual radioactive

contamination in some other manner.  The radiation survey report shall specify

the date of the survey and the instrumentation used and shall certify that each

instrument was properly calibrated and tested.  The licensee shall, as

applicable, report levels or quantities of:

i)          Beta

and gamma radiation at 1 centimeter from surfaces in units, multiples, or

subunits of Sieverts or rem per hour;

ii)         Gamma

radiation at 1 meter from surfaces in units, multiples, or subunits of Sieverts

or rem per hour;

iii)        Removable

radioactivity on surfaces in units, multiples, or subunits of Becquerels or Curies

per 100 square centimeters of surface area, or in disintegrations (transformations)

per minute per 100 square centimeters of surface area;

iv)        Fixed

radioactivity on surfaces in units, multiples, or subunits of Becquerels or Curies

per 100 square centimeters of surface areas or in disintegrations

(transformations) per minute per 100 square centimeters of surface area;

v)         Radioactivity

in contaminated liquids, such as water, oils or solvents, in units, multiples,

or subunits of Becquerels or Curies per milliliter of volume; and

vi)        Radioactivity

in contaminated solids, such as soils or concrete, in units, multiples, or

subunits of Becquerels or Curies per gram of solid.

2)         If no

residual radioactive contamination attributable to activities conducted under

the license is detected, the licensee shall submit a certification that no

detectable radioactive contamination was found

milliliter of volume; and

vi)        Radioactivity

in contaminated solids, such as soils or concrete, in units, multiples, or

subunits of Becquerels or Curies per gram of solid.

2)         If no

residual radioactive contamination attributable to activities conducted under

the license is detected, the licensee shall submit a certification that no

detectable radioactive contamination was found.

3)         If

detectable levels or residual radioactive contamination attributable to

activities conducted under the license are found, the licensee shall:

A)        In

addition to the information submitted under subsections (b)(1)(D) and (b)(1)(F)

of this Section, submit for Agency approval a plan for reclaiming the facility,

including decontamination and removal of residual radioactive contamination;

B)        Limit

actions involving radioactive material to those approved under the

decontamination plan in subsection (b)(3)(A) of this Section;

C)        Continue

to control entry to restricted areas until they are suitable for release for

unrestricted use; and

D)        Implement

and complete the plan approved under subsection (b)(3)(A) of this Section.

c)         When

a licensee ends activities authorized under a specific license and has met the

termination requirements of subsection (b) of this Section, the licensee shall

immediately notify the Agency in writing and request that the license be

terminated.  This notification and request for termination shall include the

documents required by subsection (b) of this Section and shall otherwise

substantiate that the licensee has met all of the requirements in subsection (b)

of this Section.

d)         After

receiving a request for license termination pursuant to subsection (c) of this

Section, the Agency shall confirm, through such inspections and record reviews

as may be necessary, that the licensee has met the requirements of subsection

ion (b) of this Section and shall otherwise

substantiate that the licensee has met all of the requirements in subsection (b)

of this Section.

d)         After

receiving a request for license termination pursuant to subsection (c) of this

Section, the Agency shall confirm, through such inspections and record reviews

as may be necessary, that the licensee has met the requirements of subsection

(b) of this Section.  Upon confirmation, the Agency shall issue an amendment to

terminate the licensee.  Until issued the termination amendment, the licensee

shall maintain a valid specific license in accordance with Section 330.320 of

this Part.

e)         A

licensee who fails to comply with the pertinent requirements of this Section

shall be subject to such civil penalties and sanctions as may be appropriate in

accordance with the Act  and 32 Ill. Adm. Code 310.  The passing of the

expiration date shall not relieve the licensee of the duties and

responsibilities of applying for and maintaining a valid specific license in

accordance with Section 330.320 of this Part, decommissioning, reclaiming, and

meeting the license termination requirements of this Section.  Immediately upon

the passing of the expiration date, a licensee that fails to comply with

subsection (a) of this Section shall comply with the requirements of Section

330.320(c) of this Part.