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DHS 157.13(10)(c) (c) A person licensed by the department under this section shall confine use and possession of the material licensed to the locations and purposes authorized in the license.
DHS 157.13(10)(e) (e) A licensee shall notify the department in writing within 10 days following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11 of the United States Code by or against any one of the following:
DHS 157.13(10)(e)1. 1. The licensee.
DHS 157.13(10)(e)2. 2. An entity defined in 11 USC 101(15) controlling the licensee or listing the license or licensee as property of the estate.
DHS 157.13(10)(e)3. 3. An affiliate defined in 11 USC 101(2) of the licensee.
DHS 157.13 Note Note: Title 11 of the U.S. Code deals with bankruptcy.
DHS 157.13(10)(f) (f) The notification specified in par. (e) shall indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition.
DHS 157.13(11) (11)Expiration and termination of licenses and decommissioning of sites and separate building or outdoor areas.
DHS 157.13(11)(a)(a) Except as provided in sub. (12) (b), a specific license shall expire at the end of the specified day in the month and year stated in the license. If an application for license renewal has been filed at least 30 days prior to the expiration date stated in the existing license and the department denies the renewal application, the license shall expire on the date as stated in the determination of denial. If an application for license renewal is filed less than 30 days from the expiration date stated in the existing license, the department may deny the renewal application and the license shall expire on the expiration date stated in the license.
DHS 157.13(11)(b) (b) A specific license revoked by the department expires at the end of the day on the date of the department's final determination, or on the expiration date stated in the determination, or as otherwise provided by department order.
DHS 157.13(11)(c) (c) A specific license remains valid, with respect to possession of radioactive material, until the department notifies the licensee in writing that the license is terminated. While the license is valid, the licensee shall do all of the following:
DHS 157.13(11)(c)1. 1. Limit actions involving radioactive material to those related to decommissioning and other activities related to preparation for release for unrestricted use.
DHS 157.13(11)(c)2. 2. 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.
DHS 157.13(11)(d) (d) A licensee shall do all of the following:
DHS 157.13(11)(d)1. 1. Notify the department within 60 days of any of the following:
DHS 157.13(11)(d)1.a. a. Expiration of the license pursuant to par. (a) or (b).
DHS 157.13(11)(d)1.b. b. The licensee's deciding to permanently cease principal activities at the entire site or in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with department requirements.
DHS 157.13(11)(d)1.c. c. The absence of conduct of any principal activities under the license for a period of 24 months.
DHS 157.13(11)(d)1.d. d. The absence of conduct of any principal activities for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with department requirements.
DHS 157.13(11)(d)2. 2. If any separate building or outdoor area contains stored radioactive material or residual radioactivity so that the building or outdoor area is unsuitable for release, do one of the following:
DHS 157.13(11)(d)2.a. a. Begin decommissioning its site, separate building or outdoor area if a decommissioning plan has been previously approved by the department.
DHS 157.13(11)(d)2.b. b. Submit a decommissioning plan within 12 months if required by par. (f) and begin decommissioning upon approval of that plan.
DHS 157.13(11)(e) (e) Concurrent with the notification required by par. (d), the licensee shall maintain in effect all decommissioning financial assurances established by the licensee pursuant to s. DHS 157.15 in conjunction with a license issuance or renewal or as required by this section. The amount of the financial assurance shall be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established pursuant to par. (f) 4. Following approval of the decommissioning plan and with the department's approval, a licensee may reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site.
DHS 157.13(11)(f) (f) A licensee shall submit a decommissioning plan to the department if required by license condition or if the procedures and activities necessary to carry out decommissioning of the site, separate building or outdoor area have not been previously approved by the department and the procedures and activities may adversely effect the health and safety of workers or the public. The procedures may not be carried out prior to the department's approval of the decommissioning plan. Examples of applicable procedures and activities include any of the following cases:
DHS 157.13(11)(f)1. 1. Procedures that would involve techniques not applied routinely during cleanup or maintenance operations.
DHS 157.13(11)(f)2. 2. Procedures by which workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation.
DHS 157.13(11)(f)3. 3. Procedures that could result in significantly greater airborne concentrations of radioactive materials than are present during operation.
DHS 157.13(11)(f)4. 4. Procedures that could result in significantly greater releases of radioactive material to the environment than those associated with operation.
DHS 157.13(11)(g) (g) The department may approve an alternate schedule for submittal of a decommissioning plan required pursuant to par. (d) if the department determines that the alternative schedule is necessary to the effective conduct of decommissioning operations and presents no undue risk from radiation to the public health and safety and is otherwise in the public interest.
DHS 157.13(11)(h) (h) The proposed decommissioning plan for the site or separate building or outdoor area shall include all of the following elements:
DHS 157.13(11)(h)1. 1. A description of the conditions of the site, separate building or outdoor area sufficient to evaluate the acceptability of the plan.
DHS 157.13(11)(h)2. 2. A description of planned decommissioning activities.
DHS 157.13(11)(h)3. 3. A description of methods used to ensure protection of workers and the environment against radiation hazards during decommissioning.
DHS 157.13(11)(h)4. 4. A description of the planned final radiation survey.
DHS 157.13(11)(h)5. 5. An updated detailed cost estimate for decommissioning, comparison of that estimate with present funds set aside for decommissioning, and a plan for assuring the availability of adequate funds for completion of decommissioning.
DHS 157.13(11)(h)6. 6. For decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, a justification for the delay based on the criteria in par. (i).
DHS 157.13(11)(i) (i) The department shall approve the proposed decommissioning plan if the information in the plan demonstrates that the decommissioning will be completed as soon as practicable and that the health and safety of workers and the public will be ensured.
DHS 157.13(11)(j) (j) Except as provided in par. (h), a licensee shall complete decommissioning of the site or separate building or outdoor area no later than 24 months following the initiation of decommissioning. When decommissioning involves the entire site, a licensee shall request license termination no later than 24 months following the initiation of decommissioning.
DHS 157.13(11)(k) (k) The department may approve a request for an alternative schedule for completion of decommissioning of the site, separate building or outdoor area, and license termination if appropriate, if the department determines that the alternative is warranted after consideration of all the following:
DHS 157.13(11)(k)1. 1. Whether it is technically feasible to complete decommissioning within the allotted 24-month period.
DHS 157.13(11)(k)2. 2. Whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24-month period.
DHS 157.13(11)(k)3. 3. Whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay.
DHS 157.13(11)(k)4. 4. Whether a significant reduction in radiation exposure to workers may be achieved by allowing short-lived radionuclides to decay.
DHS 157.13(11)(k)5. 5. Other site-specific factors which the department may consider appropriate on a case-by-case basis, such as the regulatory requirements of other government agencies, court decisions, ground-water treatment activities, monitored natural ground-water restoration, actions that could result in more environmental harm than deferred cleanup, and other factors beyond the control of the licensee.
DHS 157.13(11)(L) (L) As the final step in decommissioning, a licensee shall do all the following:
DHS 157.13(11)(L)1. 1. Certify the disposition of all licensed material, including accumulated wastes, by submitting a completed department form for disposition of radioactive materials or equivalent information.
DHS 157.13 Note Note: The form may be obtained by writing the Department at: Department of Health Services, Radiation Protection Section, PO Box 2659, Madison WI 53701-2659; or by downloading from the Department website at: http://dhs.wisconsin.gov/radiation/Index.htm.
DHS 157.13(11)(L)2. 2. Conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of this survey, unless the licensee demonstrates in some other manner that the premises are suitable for release in accordance with the criteria for decommissioning in s. DHS 157.33.
DHS 157.13(11)(L)3. 3. Report levels of gamma radiation in units of millisieverts (microroentgen) per hour at one meter from surfaces, and report levels of radioactivity, including alpha and beta, in units of megabecquerels per 100 square centimeters, disintegrations per minute per 100 square centimeters or microcuries per 100 square centimeters — removable and fixed — for surfaces, megabecquerels (microcuries) per milliliter for water, and becquerels (picocuries) per gram for solids such as soils or concrete.
DHS 157.13(11)(L)4. 4. Specify the survey instruments used and certify that each instrument is properly calibrated and tested.
DHS 157.13 Note Note: Submit reports to the Department at: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison WI 53701-2659.
DHS 157.13(11)(m) (m) The department shall terminate a specific license, including an expired license, by written notice to the licensee when the department determines all of the following have occurred:
DHS 157.13(11)(m)1. 1. Radioactive material has been properly disposed of.
DHS 157.13(11)(m)2. 2. Reasonable effort has been made to eliminate residual radioactive contamination, if present.
DHS 157.13(11)(m)3. 3. The licensee has filed with the department sufficient information, including a radiation survey, to demonstrate that the premises are suitable for release in accordance with the criteria for decommissioning in s. DHS 157.33.
DHS 157.13(11)(m)4. 4. The licensee has submitted records required under s. DHS 157.13 (18) (b) and (d) to the department.
DHS 157.13(12) (12)Renewal of licenses.
DHS 157.13(12)(a) (a) An application for renewal of a specific license shall be filed under sub. (1).
DHS 157.13(12)(b) (b) If a licensee, not less than 30 days prior to expiration of his or her existing license, has filed an application in proper form for renewal or for a new license authorizing the same activities, the license may not expire until final action by the department.
DHS 157.13 Note Note: A license renewal form may be obtained by writing the Department at: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison WI 53701-2659; or by downloading from the Department website at: http://dhs.wisconsin.gov/radiation/Index.htm.
DHS 157.13(13) (13)Amendment of licenses at request of licensee. An application for amendment of a license shall be filed under sub. (1) and shall specify the respects in which the licensee desires the license to be amended and the grounds for the amendment. The licensee shall include the appropriate fee specified in s. DHS 157.10 (3) with the amendment application.
DHS 157.13 Note Note: A specific license application form is not required for an amendment request.
DHS 157.13(14) (14)department action on applications to renew or amend. In considering an application by a licensee to renew or amend the license, the department shall apply the criteria set forth in subs. (2), (3) and (4) and in subchs. IV, V and VI, as applicable.
DHS 157.13(15) (15)Transfer of material.
DHS 157.13(15)(a) (a) No licensee may transfer radioactive material except as authorized under this subsection.
DHS 157.13(15)(b) (b) Except as otherwise provided in its license and subject to the provisions of pars. (c) and (d), a licensee may transfer radioactive material to any of the following:
DHS 157.13(15)(b)1. 1. The department only after receiving prior approval from the department.
DHS 157.13(15)(b)2. 2. The U.S. department of energy.
DHS 157.13(15)(b)3. 3. Any person exempt from these regulations to the extent permitted under the exemption.
DHS 157.13(15)(b)4. 4. Any person authorized to receive radioactive material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the department, the NRC, any agreement state, any licensing state or to any person otherwise authorized to receive radioactive material by the federal government or any agency thereof, the department, an agreement state or a licensing state.
DHS 157.13(15)(b)5. 5. Any person as otherwise authorized by the department in writing.
DHS 157.13(15)(b)6. 6. The agency in another state that regulates radioactive material under 42 USC 5801.
DHS 157.13(15)(c) (c) Before transferring radioactive material to a specific licensee of the department, the NRC, an agreement state or a licensing state, or to a general licensee who is required to register with the department, the NRC, an agreement state or a licensing state prior to receipt of the radioactive material, a licensee transferring the material shall verify that the transferee's license authorizes the receipt of the type, form and quantity of radioactive material to be transferred.
DHS 157.13(15)(d) (d) A licensee transferring radioactive materials as described in par. (c) may use any of the following methods for verification:
DHS 157.13(15)(d)1. 1. The transferor may possess and read a copy of the transferee's specific license or registration certificate that is currently in force.
DHS 157.13(15)(d)2. 2. The transferor may possess a written statement, from the transferee, certifying that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date.
DHS 157.13(15)(d)3. 3. For emergency shipments, the transferor may accept an oral statement by the transferee that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date; provided that the oral statement is confirmed in writing within 10 days.
DHS 157.13(15)(d)4. 4. The transferor may obtain other information compiled by a reporting service from official records of the department, the NRC, an agreement state or a licensing state regarding the identity of licensees and the scope and expiration dates of licenses and registration.
DHS 157.13(15)(d)5. 5. When none of the methods of verification described in subds. 1. to 4. are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the department, the NRC, an agreement state or a licensing state that the transferee is licensed to receive the radioactive material.
DHS 157.13(15)(e) (e) Shipment and transport of radioactive material shall be under the provisions of subch. XIII.
DHS 157.13(16) (16)Modification, suspension and revocation of licenses.
DHS 157.13(16)(a)(a) The terms and conditions of a license shall be subject to amendment, revision or modification by the department. The department may suspend, revoke or modify the license due to amendments to ss. 254.31 to 254.45, Stats., this chapter or orders issued by the department.
DHS 157.13(16)(b) (b) The department may revoke, suspend or modify any license or reciprocal recognition of an out-of-state license, in whole or in part, for any material false statement in the application or any statement of fact required under provisions of ss. 254.31 to 254.45, Stats., or because of conditions revealed by such application or statement of fact or any report, record or inspection or other means which would warrant the department to refuse to grant a license on an original application or for violation of or failure to observe any of the terms and conditions of ss. 254.31 to 254.45, Stats., this chapter or orders issued by the department or voluntary application for amendment, revision or modification submitted by the licensee.
DHS 157.13(16)(c) (c) Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, the department may not modify, suspend or revoke a license unless, prior to such action, the department notifies the licensee, in writing, of the facts or conduct that warrant the action and the licensee has been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.
DHS 157.13(16)(d) (d) A person who considers himself or herself affected by a department denial of license application or amendment, license revocation, or license suspension may submit to the department a written request for hearing about the license action. A written request for hearing on a license action shall be received by the department within 10 days after receipt of a notice of the department's decision to deny license application or renewal or revoke or suspend a license. The hearing request shall include the information required in s. DHS 157.90 (3).
DHS 157.13 Note Note: Hearing requests shall be sent to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St, Room 150, Madison, WI 53702-0007.
DHS 157.13(17) (17)Event reporting.
DHS 157.13(17)(a) (a) Events that must be reported immediately. A licensee shall notify the department by telephone as soon as possible but not later than 4 hours after the discovery of an event, such as a fire, explosion or toxic gas release, which prevents immediate protective actions necessary to avoid exposures to radiation, radioactive materials or releases of licensed radioactive material that could exceed regulatory limits established in this chapter.
DHS 157.13(17)(b) (b) Events that must be reported within 24 hours. A licensee shall notify the department within 24 hours by telephone, facsimile, or in person after the discovery of any of the following events involving licensed material:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.