Chapter DHS 157

DHS 157.13(17)(b)2.c. c. No redundant equipment is available and operable to perform the required safety function.

DHS 157.13(17)(b)3. 3. An event that requires unplanned medical treatment of an individual with spreadable radioactive contamination on the individual’s clothing or body.

DHS 157.13(17)(b)4. 4. A fire or explosion damaging any licensed material or any device, container or equipment containing licensed material under any of the following circumstances:

DHS 157.13(17)(b)4.a. a. The quantity of material involved is greater than 5 times the lowest annual limit on intake specified in ch. DHS 157 Appendix E for the material limits.

DHS 157.13(17)(b)4.b. b. The damage affects the integrity of the licensed material or its container.

DHS 157.13 Note Note: Submit report to the Department via telephone at [phone] or via facsimile at [phone].

DHS 157.13(17)(c) (c) Content and submission of reports.

DHS 157.13(17)(c)1. 1. Reports required to be submitted to the department under pars. (a) and (b) shall, to the extent that the information is available, include all the following information:

DHS 157.13(17)(c)1.a. a. The caller’s name and call back telephone number.

DHS 157.13(17)(c)1.b. b. A description of the event, including the date and time of its occurrence.

DHS 157.13(17)(c)1.c. c. The exact location of the event.

DHS 157.13(17)(c)1.d. d. The isotopes, quantities, and chemical and physical form of the licensed material involved in the event.

DHS 157.13(17)(c)1.e. e. Any personnel radiation exposure data available.

DHS 157.13(17)(c)2. 2. A licensee who makes a report required by par. (a) or (b) shall submit a written report within 30 days of the initial telephone or facsimile report containing all of the following information:

DHS 157.13(17)(c)2.a. a. A description of the event, including the probable cause and the manufacturer and model number, if applicable, of any equipment that failed or malfunctioned.

DHS 157.13(17)(c)2.b. b. The exact location of the event.

DHS 157.13(17)(c)2.c. c. The isotopes, quantities, and chemical and physical form of the licensed material involved.

DHS 157.13(17)(c)2.d. d. The date and time of the event.

DHS 157.13(17)(c)2.e. e. Corrective actions taken or planned and the results of any evaluations or assessments.

DHS 157.13(17)(c)2.f. f. The extent to which individuals were exposed to radiation or to radioactive materials without identification of individuals by name.

DHS 157.13 Note Note: Submit written reports to the Department at: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison WI 53701-2659.

DHS 157.13(18) (18) Receipt, transfer and disposal records.

DHS 157.13(18)(a) (a) Record retention. A licensee shall retain records required by s. DHS 157.06 (1) or by license condition. If a retention period is not otherwise specified by this chapter or license condition, the record shall be retained until the department terminates each license.

DHS 157.13(18)(b) (b) Transfer of records to the department. Prior to license termination, a licensee authorized to possess radioactive material, in an unsealed form, with a half-life greater than 120 days, shall forward to the department all records of disposal of licensed material made under s. DHS 157.30 (2) to (5), including burials authorized before January 28, 1981, and the results of measurements and calculations required by s. DHS 157.31 (3).

DHS 157.13(18)(c) (c) Transfer of records to new licensee.

DHS 157.13(18)(c)1. 1. If licensed activities are transferred or assigned in accordance with s. DHS 157.13 (10) (b), each licensee authorized to possess radioactive material in unsealed form, with a half-life greater than 120 days, shall transfer the following records to the new licensee:

DHS 157.13(18)(c)1.a. a. Records of disposal of licensed material made under s. DHS 157.30 (2) to (5), including burials authorized before January 28, 1981.

DHS 157.13(18)(c)1.b. b. Records of the results of measurements and calculations required by s. DHS 157.31 (3).

DHS 157.13(18)(c)2. 2. The new licensee shall be responsible for maintaining the records required in subd. 1. until the license is terminated.

DHS 157.13(18)(d) (d) Transfer of records of decommissioning activities. A licensee shall forward the records required by s. DHS 157.15 (7) to the department prior to license termination.

DHS 157.13(19) (19) Serialization of nationally tracked sources. A licensee who manufactures a nationally tracked source shall assign a unique serial number to each nationally tracked source. Serial numbers shall be composed only of alpha-numeric characters.

DHS 157.13 History History: CR 01-108: cr. Register July 2002 No. 559, eff. — see Note at the start of the chapter; CR 06-021: cr. (1) (i), (4) (d) 1. f. and g., (5) (c) 1. a. to c., am. (4) (c), (d) 1. (intro.) and d., 5. i., and (i) 1., (8) (intro.), (11) (d) 2. (intro.) and (17) (b) 1. (intro.), r. and recr. (4) (i) 5., renum. (5) (c) 1. to be (5) (c) 1. (intro.) and am., r. (10) (d), Register October 2006 No. 610, eff. 11-1-06; CR 09-062: cr. (1) (j), (4) (i) 2. e., 6. d. and (19), am. (4) (a) 1. (intro.), (g) 2. b., d., e., (i) (title), (intro.), 2. a., 4. a., b., 6. a. and (j) (intro.) Register April 2010 No. 652, eff. 5-1-10; correction to numbering of (4) (i) 6. d. made under s. 13.92 (4) (b) 1., Stats., Register April 2010 No. 652; CR 16-078: am. (1) (h) (intro.), 1., cr. (1) (h) 3. to 5., am. (1) (i), cr. (4) (d) 1. h., am. (4) (e), (f), (h) 2., cr. (4) (j) 5., (4m), renum. (10) (b) to (10 (b) 1., cr. (10) (b) 2., am. (10) (e) 2. Register January 2018 No. 745, eff. 2-1-18; correction in (1) (g), (2) (f), (3) (b) 2., 3., (4) (a) 1. b., (d) 1. h., (4m) (e) (intro.), (10) (b) 2. a., (17) (b) 1. b., 4. a. made under s. 35.17, Stats., Register January 2018 No. 745; CR 22-015: am. (4) (i) 4. (intro.), 6. d., renum. (4) (i) 7. to (4) (i) 8., cr. (4) (i) 7., r. and recr. (5), am. (8) (d) Register June 2023 No. 810, eff. 7-1-23.

DHS 157.14 DHS 157.14 Reciprocity.

DHS 157.14(1) (1) Recognition of licenses issued by the nrc or other states. The department shall reciprocally recognize radioactive material licenses issued by the NRC or a state agency in another state under the conditions set forth in this section.

DHS 157.14(2) (2) Licenses of byproduct, source and special nuclear material in quantities not sufficient to form a critical mass.

DHS 157.14(2)(a) (a) Subject to this chapter, any person who holds a specific license from the NRC or another agreement state, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is granted a general license to conduct the activities authorized in such licensing document within this state for a period not in excess of 180 days in any year provided that all of the following occur:

DHS 157.14(2)(a)1. 1. The licensing document does not limit the activity authorized by the document to specified installations or locations.

DHS 157.14(2)(a)2. 2. The out-of-state licensee notifies the department in writing at least 3 days prior to engaging in the activity. The notification shall indicate the exact location of use, start date, time period, names, documentation of training, in-state address of the individual performing the activity, radiation sources to be used within the state, operating and emergency procedures and shall be accompanied by a copy of the pertinent licensing document. The out-of-state licensee shall also notify the department of any changes in the work location, schedule, radioactive material or work activities. If, for a specific case, the 3-day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon written application to the department, obtain permission to proceed sooner. The department may waive the requirement for filing additional written notifications during the remainder of the year following the receipt of the initial notification from a person engaging in activities under the general license granted under this paragraph.

DHS 157.14 Note Note: The 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 157.14(2)(a)3. 3. The out-of-state licensee complies with this chapter and with all the terms and conditions of the licensing document, except any terms and conditions that may be inconsistent with this chapter.

DHS 157.14(2)(a)4. 4. The out-of-state licensee supplies any other information as required by the department.

DHS 157.14(2)(a)5. 5. The out-of-state licensee does not transfer or dispose of radioactive material possessed or used under the general license granted under this paragraph except by transfer to a person who is either specifically licensed by the department, the NRC or another agreement state to receive the material, or is exempt from the requirements for a license for the material under s. DHS 157.09 (2) (a).

DHS 157.14(2)(a)6. 6. The out-of-state licensee pays the fee prescribed in s. DHS 157.10 (3).

DHS 157.14(2)(b) (b) Any person who holds a specific license issued by the NRC or another agreement state authorizing the holder to manufacture, transfer, install or service a device described in s. DHS 157.11 (2) (b) within areas subject to the jurisdiction of the licensing body is granted a general license to install, transfer, demonstrate or service the device in this state provided that all of the following occur:

DHS 157.14(2)(b)1. 1. The person files a report with the department within 30 days after the end of each calendar quarter in which any device is transferred to or installed in this state. Each report shall identify each general licensee to whom the device is transferred by name and address, the type and model number of device transferred and the quantity and type of radioactive material contained in the device.

DHS 157.14(2)(b)2. 2. The device has been manufactured, labeled, installed and serviced under applicable provisions of the specific license issued to the person by the NRC or an agreement state.

DHS 157.14(2)(b)3. 3. The person provides assurance that any labels required to be affixed to the device under regulations of the authority that licensed manufacture of the device bear the following statement: “Removal of this label is prohibited.”

DHS 157.14(2)(b)4. 4. The holder of the specific license furnishes to each general licensee to whom the device is transferred or on whose premises the device is installed a copy of the general license contained in s. DHS 157.11 (2) (b) or in equivalent regulations of the agency having jurisdiction over the manufacture and distribution of the device.

DHS 157.14(2)(c) (c) The department may withdraw, limit or qualify its acceptance of any specific license or equivalent licensing document issued by the NRC or an agreement state or any product distributed under the licensing document upon determining that the action is necessary to prevent undue hazard to public health and safety or property.

DHS 157.14(3) (3) Licenses of NARM.

DHS 157.14(3)(a) (a) Subject to this chapter, any person who holds a specific license for NARM from a licensing state, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is granted a general license to conduct the activities authorized within this state for a period not in excess of 180 days in any year provided that all of the following occur:

DHS 157.14(3)(a)1. 1. The licensing document does not limit the authorized activity to specified installations or locations.

DHS 157.14(3)(a)2. 2. The out-of-state licensee notifies the department in writing at least 3 days prior to engaging in such activity. The notification shall indicate the location, period and type of proposed possession and use within the state and shall be accompanied by a copy of the pertinent licensing document. If, for a specific situation, the 3-day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon written application to the department, obtain permission to proceed sooner.

DHS 157.14 Note Note: The department may waive the 3-day notification requirement when the activities of the out-of-state licensee are routinely scheduled at the same location in the state.

DHS 157.14(3)(a)3. 3. The out-of-state licensee complies with this chapter and with all the terms and conditions of the licensing document except any terms and conditions that may be inconsistent with this chapter.

DHS 157.14(3)(a)4. 4. The out-of-state licensee supplies any other information as required by the department.

DHS 157.14(3)(a)5. 5. The out-of-state licensee does not transfer or dispose of radioactive material possessed or used under the general license granted in this paragraph except by transfer to a person who is either specifically licensed by the department or by another licensing state to receive radioactive material, or exempt from the requirements for a license for radioactive material under s. DHS 157.09 (1).

DHS 157.14(3)(a)6. 6. The out-of-state licensee pays the fee prescribed in s. DHS 157.10 (3).

DHS 157.14(3)(b) (b) Notwithstanding the provisions of par. (a), any person who holds a specific license issued by a licensing state authorizing the holder to manufacture, transfer, install or service a device described in s. DHS 157.11 (2) (b) within areas subject to the jurisdiction of the licensing body is granted a general license to install, transfer, demonstrate or service the device in this state provided that all of the following conditions are met:

DHS 157.14(3)(b)1. 1. The person files a report with the department within 30 days after the end of each calendar quarter in which any device is transferred to or installed in this state. Each report shall identify each general licensee to whom the device is transferred by name and address, the type of device transferred and the quantity and type of radioactive material contained in the device.

DHS 157.14(3)(b)2. 2. The device has been manufactured, labeled, installed and serviced under applicable provisions of the specific license issued to the person by a licensing state.

DHS 157.14(3)(b)3. 3. The person assures that any labels required to be affixed to the device under regulations of the authority that licensed manufacture of the device bears the following statement: “Removal of this label is prohibited.”

DHS 157.14(3)(b)4. 4. The holder of the specific license furnishes to each general licensee to whom the holder transfers the device or on whose premises the holder installs the device a copy of the general license contained in s. DHS 157.11 (2) (b) or in equivalent regulations of the agency having jurisdiction over the manufacture and distribution of the device.

DHS 157.14(3)(c) (c) The department may withdraw, limit or qualify its acceptance of any specific license or equivalent licensing document issued by a licensing state or any product distributed under the licensing document upon determining that the action is necessary to prevent undue hazard to public health and safety or property.

DHS 157.14(4) (4) Jurisdictional status.

DHS 157.14(4)(a) (a) A licensee shall determine the jurisdictional status of a temporary job-site before radioactive materials may be used at a job site at any federal facility within the state. If the jurisdictional status is unknown, the licensee shall contact the federal agency that controls the site to determine if the job site is under exclusive federal jurisdiction.

DHS 157.14(4)(b) (b) A licensee shall obtain authorization from another agreement state or the NRC before radioactive material may be used at a temporary job site in another state. Authorization may be obtained either by applying for reciprocity or a specific license from that state or the NRC.

DHS 157.14 History History: CR 01-108: cr. Register July 2002 No. 559, eff. — see Note at the start of the chapter; CR 06-021: am. (2) (a) 5. and (b) (intro.), Register October 2006 No. 610, eff. 11-1-06.

DHS 157.15 DHS 157.15 Financial assurance and records for decommissioning.

DHS 157.15(1) (1) Financial assurance requirement for a specific license.

DHS 157.15(1)(a) (a) Unsealed radioactive material, sealed sources or plated foils. A person applying for a specific license authorizing the possession and use of unsealed radioactive material, sealed sources or plated foils shall submit a decommissioning funding plan as described in sub. (5) with the license application for any of the following types of materials:

DHS 157.15(1)(a)1. 1. Unsealed radioactive material with a half-life greater than 120 days and in quantities greater than 105 times the applicable quantities listed in ch. DHS 157 Appendix I.

DHS 157.15(1)(a)2. 2. Unsealed radioactive material with a half-life greater than 120 days involving a combination of isotopes with R divided by 105 being greater than one, where R is defined as the sum of the ratios of the quantity of each isotope to the applicable value in ch. DHS 157 Appendix I.

DHS 157.15(1)(a)3. 3. Sealed sources or plated foils with a half-life greater than 120 days and in quantities greater than 1012 times the applicable quantities listed in ch. DHS 157 Appendix I.

DHS 157.15(1)(a)4. 4. Sealed sources or plated foils with a half-life greater than 120 days involving a combination of isotopes with R divided by 1012 being greater than one, where R is defined as the sum of the ratios of the quantity of each isotope to the applicable value in ch. DHS 157 Appendix I.

DHS 157.15(1)(b) (b) Other radioactive material. A person applying for a specific license authorizing the possession and use of radioactive material not covered by par. (a) with a half-life greater than 120 days and in quantities specified in sub. (4) shall do either of the following:

DHS 157.15(1)(b)1. 1. Submit a decommissioning funding plan as described in sub. (5).

DHS 157.15(1)(b)2. 2. Submit a written certification, signed by the chief financial officer or other individual designated by management to represent the licensee, that financial assurance has been provided in the amount prescribed in sub. (4) using one of the methods described in sub. (5) and a signed original of the financial instrument obtained to satisfy the requirements of sub. (6). The written certification may state that the appropriate assurance will be obtained after the application has been approved and the license issued by the department but before receipt of radioactive material by the applicant. If the applicant defers execution of the financial instrument until after the license has been issued, the applicant shall submit to the department a signed original of the financial instrument obtained before receipt of licensed material. If the applicant does not defer execution of the financial instrument, the applicant shall submit to the department, as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of sub. (6).

DHS 157.15(2) (2) Exemptions. The following are exempt from the requirements of this section:

DHS 157.15(2)(a) (a) A state, local or other government agency, except for a government agency licensed to handle or process radioactive waste.

DHS 157.15(2)(b) (b) A person authorized to possess only radioactive materials with a half-life of 65 days or less.

DHS 157.15(2)(c) (c) Other persons exempted by the department based on a review of the license application.

DHS 157.15(3) (3) Implementation.

DHS 157.15(3)(a) (a) A person who possesses a specific license authorizing the possession and use of radioactive material issued on or after the effective date of August 1, 2002, which is of a type described in sub. (1), shall provide financial assurance for decommissioning under this section.

DHS 157.15(3)(b) (b) A person who possesses a specific license issued before the effective date of August 1, 2002, shall do one of the following:

DHS 157.15(3)(b)1. 1. For a license authorizing the use of radioactive material meeting the criteria of sub. (1) (a), submit a decommissioning funding plan as described in sub. (5) and a certification of financial assurance for at least $1,125,000, under the criteria in sub. (4), with any application for license renewal.

DHS 157.15(3)(b)2. 2. For a license authorizing the use of radioactive material meeting the criteria of sub. (1) (b), submit a decommissioning funding plan as described in sub. (5) or a certification of financial assurance for decommissioning according to the criteria of sub. (4) with any application for license renewal.

DHS 157.15(3)(c) (c) The term of the financial assurance shall be from the issuance or renewal of the license until the department terminates the license.

DHS 157.15(3)(d) (d) A licensee’s financial assurance arrangements may be reviewed by the department to recognize any increases or decreases resulting from inflation or deflation, changes in engineering plans, activities performed or any other condition affecting costs for decommissioning to ensure that sufficient funding is available to cover liability that remains until license termination.