Section 33.1-10-23-10 - General licenses1. A general license is hereby issued to possess, use, transfer, distribute, or dispose of TENORM without regard to quantity, except for those activities requiring a specific license.2. Employees or contractors under control and supervision of a general licensee may perform routine maintenance on equipment, facilities, and land owned or controlled by the general licensee. Maintenance that provides a pathway for exposure different from that found in periodic maintenance operations and that increases the potential for additional exposure is not considered routine maintenance. The decontamination of equipment, facilities, and land shall be performed only by persons specifically licensed by the department, an agreement state, or another licensing agency to conduct such work.3. Any person subject to the general license issued under this section shall notify the department within sixty days of the effective date of this chapter or of becoming subject to the general license. The notification shall include the following: a. Name and address of the licensee;b. Location and description of the facility, facilities, or portion of a facility where the TENORM is situated; andc. Description of the TENORM, including estimates of the amount and extent of TENORM.4. Transfer of material, equipment, or real property.a. The transfer of TENORM, not exempt from article 33.1-10, from one general licensee to another general licensee is authorized if: (1) The equipment and facilities contaminated with TENORM are to be used by the recipient for a similar purpose, provided that no member of the public shall receive a dose in excess of that allowed under subsection 1 of section 33.1-10-23-05; or(2) The transfer of control or ownership of land contaminated with TENORM includes an annotation of the deed records to indicate the presence of TENORM.b. For transfers not made in accordance with subdivision a, the transferor shall obtain the department's prior written approval for the transfer.c. For transfers made under subdivision a, the transferor shall assess the amount and extent of TENORM contamination or material present, inform the general licensee receiving the TENORM of these assessments prior to such transfer, and maintain records that include: (1) The date, recipient name, and location;(2) A description and quantity of the material; and(3) A description of the procedures and mechanisms used to ensure that material will not be released in another manner, such as an unrestricted release.d. A general licensee intending to transfer material or real property for unrestricted use shall document compliance with the requirements of section 33.1-10-23-07. Records of such compliance shall be maintained for ten years.5. Distribution of TENORM products between general licensees. The distribution of TENORM products from one general licensee to another general licensee is authorized provided the product is accompanied by labels or manifests which identify the type and amount of TENORM.6. The department may, by written notice, require any person authorized by a general license to apply for and obtain a specific license if the department determines that specific licensure is necessary to ensure that exposures do not exceed the criteria of sections 33.1-10-23-05 and 33.1-10-23-06. The notice shall state the reason or reasons for requiring a specific license.N.D. Admin Code 33.1-10-23-10
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