Section 33.1-10-23-07 - Unrestricted use and conditional releaseEach general or specific licensee shall, no less than thirty days before vacating or relinquishing possession or control of premises which may have been contaminated with TENORM as a result of the licensee's activities, notify the department in writing of intent to vacate. When deemed necessary by the department, the licensee shall decontaminate the premises in accordance with the following or in such other manner as the department may specify.
1. Each licensee before vacating or transferring any premises shall permanently decontaminate the premises to meet the criteria for decommissioning in 10 CFR part 20, subpart E. The licensee shall make a survey after the decontamination and provide a copy to the department and any landlord, subsequent tenant, or transferee. The premises may not be vacated, sold, or transferred until the department verifies and accepts the decontamination survey.2. No machinery, instruments, laboratory equipment, or any other property used in contact with, or close proximity to TENORM at a licensed premises may be assigned, sold, leased, or transferred to an unlicensed person unless such property has been permanently decontaminated below or equal to the standards specified in table 4.2-07.1 of chapter 33.1-10-04.2. The licensee shall make a survey after the decontamination and provide a copy to the department and subsequent transferee or owner. The equipment may not be assigned, sold, leased, or transferred until the department verifies and accepts the decontamination survey.3. Persons with a specific license must also comply with the requirements of subdivisions f and g of subsection 1 of section 33.1-10-23-17 and section 33.1-10-23-18 that are applicable to remediation and license termination.4. Persons with a general license must notify the department in writing before beginning activities to reclaim the site. Decontamination activities require a specific license under section 33.1-10-23-11.5. Notification of site or area closure. When the general licensee has permanently ceased use of radioactive materials at a site or portion of a site or facility or when an area has not been used for a period of two years, the licensee shall, within sixty days, provide the following information in writing to the department: a. The location of the site or area; andb. The plan for reclaiming or decontaminating the site or area.6. Actions taken to confine TENORM on site or to remediate sites shall be based on expected longevity-related controls for one thousand years or longer.7. Conditional release of metal for recycle. Conditionally released metal for recycle shall be done only under the condition that metal contaminated with TENORM does not exceed a maximum exposure level of fifty microroentgens per hour, including background radiation, at any accessible location of the metal surface prior to release from the site.8. Equipment not released for unrestricted use. Equipment contaminated with TENORM in excess of levels specified in section 33.1-10-23-26 may be transferred pursuant to subsection 4 of section 33.1-10-23-10.9. Other transfers of TENORM. Other transfers of TENORM shall be in accordance with sections 33.1-10-23-08, 33.1-10-23-10, or 33.1-10-23-11.N.D. Admin Code 33.1-10-23-07
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18