15A NCAC 11 .0317. SPECIFIC LICENSES: FILING APPLICATION AND GENERAL REQUIREMENT

(a)  Applications for specific licenses shall be filed on an agency form.  Completed applications shall include the following information and other information necessary for the agency to determine if the applicant meets the requirements for that license:

(1)           name, address and use location of the applicant;

(2)           training and experience of radioactive material users and of the person responsible for radiation protection;

(3)           types, quantities and uses of radioactive materials;

(4)           description of facilities, equipment and safety program;

(5)           procedures for disposal of radioactive material; and

(6)           how facility design and procedures for operation will minimize, to the extent practicable, contamination of the facility and the environment, facilitate eventual decommissioning, and minimize, to the extent practical, the generation of radioactive waste.

(b)  The agency may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the agency to determine whether the application should be granted or denied or whether a license should be modified or revoked.

(c)  Each application shall be signed by the applicant or licensee or a person authorized to act on his behalf.

(d)  An application for a license may include a request for a license authorizing one or more activities.

(e)  An application for a specific license to use byproduct material in the form of a sealed source or in a device that contains the sealed source must:

(1)           identify the source or device by manufacturer and model number as registered with the US Nuclear Regulatory Commission under10 CFR 32.210, with an Agreement State.  A source or device containing radium-226 or accelerator-produced radioactive material must identify the manufacturer and model number if registered with a state under provisions comparable to 10 CFR 32.210;

(2)           contain the information identified in 10 CFR 32.210(c); or

(3)           for sources or devices containing naturally occurring or accelerator-produced radioactive material manufactured prior to November 30, 2007 that are not registered with the U.S. Nuclear Regulatory Commission under 10 CFR 32.210 or with an Agreement State, and for which the applicant is unable to provide all categories of information specified in 10 CFR 32.210(c), the applicant must provide:

(A)          all available information identified in 10 CFR 32.210(c) concerning the source, and, if applicable, the device; and

(B)          sufficient additional information to demonstrate that there is reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property.  Such information must 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.

(f)  Applications and documents submitted to the agency shall be made available for public inspection except as are determined otherwise by the agency pursuant to the provisions of G.S. 104E-9(4).

(g)  A license application shall be approved if the agency determines that:

(1)           the applicant is qualified by reason of training and experience to use the material in question for the purpose requested in accordance with these Rules in such a manner as to minimize danger to public health and safety or property;

(2)           the applicant's proposed equipment, facilities, and procedures are adequate to protect public health from radiation hazards and minimize radiological danger to life or property;

(3)           the issuance of the license will not be inimical to the health and safety of the public; and

(4)           the applicant satisfies any applicable special requirements in Rules .0318 to .0336 of this Section.

(h)  If required by Rule .0353 of this Section, applications for specific licenses filed under this Section must contain a proposed decommissioning funding plan or a certification of financial assurance for decommissioning.

 

History Note:        Authority G.S. 104E-7; 104E-10(b); 104E-12; 104E-18;

Eff. February 1, 1980;

Amended Eff. October 1, 2013; April 1, 1999; May 1, 1992; November 1, 1989.