Section 33.1-10-23-18 - Expiration and termination of specific licenses1. Except as provided in subsection 2 of section 33.1-10-23-19, the authority to engage in licensed activities as specified in the specific license shall expire at the end of the specified day in the month and year stated therein. Any expiration date on a specific license applies only to the authority to engage in licensed activities. Expiration of a specific license shall not relieve the licensee of responsibility for decommissioning its facility and terminating the specific license.2. Each licensee shall notify the department immediately, in writing, and request termination of the license when the licensee decides to terminate all activities involving radioactive materials authorized under the license. This notification and request for termination shall include the documents required by subsection 4 and shall otherwise substantiate that the licensee has met all of the requirements in subsection 4.3. No less than thirty days before the expiration date specified in a specific license, the licensee shall either: a. Submit an application for license renewal pursuant to section 33.1-10-23-19; orb. Notify the department, in writing, if the licensee decides not to renew the license. The licensee requesting termination of a license shall comply with the requirements of subsection 4;4. Termination of licenses. a. If a licensee does not submit a complete application for license renewal pursuant to section 33.1-10-23-19, the licensee shall, on or before the expiration date specified in the license: (1) Terminate use of the TENORM specified in the license;(2) Remove radioactive contamination to the level outlined in section 33.1-10-23-07, to the extent practicable;(3) Properly dispose of the TENORM specified in the license;(4) Submit a completed department form "Certificate: Disposition of Radioactive Material" (SFN 18941); and(5) Submit a radiation monitoring report to confirm the absence of TENORM specified in the license or to establish the levels of residual radioactive contamination, unless the licensee demonstrates the absence of residual radioactive contamination in some other manner acceptable to the department. The radiation monitoring report shall specify the instrumentation used and certify that each instrument was properly calibrated and tested. The licensee shall, as applicable, report levels or quantities of: (a) Beta and gamma radiation at one centimeter from surfaces in units, multiples, or subunits of sieverts or rem per hour or microroentgens per hour;(b) Gamma radiation at one meter from surfaces in units, multiples, or subunits of sieverts or rem per hour or microroentgens per hour;(c) Removable radioactivity on surfaces in units, multiples, or subunits of becquerels or curies per one hundred square centimeters of surface area or in disintegrations (transformations) per minute per one hundred square centimeters of surface area;(d) Fixed radioactivity on surfaces in units, multiples, or subunits of becquerels or curies per one hundred square centimeters of surface area or in disintegrations (transformations) per minute per one hundred square centimeters of surface area;(e) Radioactivity in contaminated liquids such as water, oils, or solvents in units, multiples, or subunits of becquerels or curies per milliliter of volume or per gram of liquid; and(f) Radioactivity in contaminated solids such as soils or concrete in units, multiples, or subunits of becquerels or curies per gram of solid.b. If levels of residual radioactive contamination attributable to activities conducted under the license are less than those established in section 33.1-10-23-07, the licensee shall so certify. If the department determines that this certification and the information submitted under subdivision a is adequate and monitoring confirms the findings, then the department will notify the licensee, in writing, of the termination of the license.c. If residual radioactive contamination attributable to activities conducted under the license are not in conformance with criteria established in section 33.1-10-23-07: (1) The license continues in effect beyond the expiration date, if necessary, with respect to possession of residual TENORM present as contamination until the department notifies the licensee in writing that the license is terminated. During this time the licensee is subject to the provisions of subsection 5.(2) In addition to the information submitted under subdivision a of subsection 4, the licensee shall submit a plan for decontamination and disposal, if required, as regards residual TENORM contamination remaining at the time the license expires.5. Each licensee who possesses TENORM under subdivision c of subsection 4, following the expiration date specified in the license, shall: a. Limit actions involving TENORM as specified in the license to those related to decontamination and other activities related to preparation for release for unrestricted use; andb. Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the department notifies the licensee in writing that the license is terminated.N.D. Admin Code 33.1-10-23-18
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