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DHS 157.13(5)(c)2.d. d. The licensee has added to or changed the areas where radioactive material is used under ss. DHS 157.63 (1) or (2) if the change does not include addition or relocation of either an area where PET radionuclides are produced or a PET radioactive drug delivery line from a PET radionuclide/PET radioactive drug production area.
DHS 157.13(5)(c)2.e. e. The licensee permits an individual qualified to be a radiation safety officer under ss. DHS 157.61 (7) and (11) to function as a temporary radiation safety officer and to perform the functions of a radiation safety officer in accordance with s. DHS 157.61 (1) (c).
DHS 157.13(5)(c)2.f. f. The licensee obtains a sealed source for use in manual brachytherapy from a different manufacturer or with a different model number than authorized by its license for which it did not require a license amendment as provided in par. (b) 1. i. The notification must include the manufacturer and model number of the sealed source, the isotope, and the quantity per sealed source.
DHS 157.13(5)(d) (d) Exemptions for Type A broad scope licensees. A licensee possessing a Type A specific license of broad scope for medical use is exempt from all of the following requirements:
DHS 157.13(5)(d)1. 1. The provisions of par. (a) 3. regarding the need to file an amendment to the license for medical uses of radioactive material as described in s. DHS 157.70.
DHS 157.13(5)(d)2. 2. The provisions of par. (b) 1. b.
DHS 157.13(5)(d)3. 3. The provisions of par. (b) 1. f. regarding additions to or changes in the areas of use only at the addresses identified in the application or on the license.
DHS 157.13(5)(d)4. 4. The provisions of par. (c) 1.
DHS 157.13(5)(d)5. 5. The provisions of par. (c) 2. a. for an authorized user, an authorized nuclear pharmacist, an authorized medical physicist, or an ophthalmic physicist.
DHS 157.13(5)(d)6. 6. The provisions of s. DHS 157.61 (6) (a).
DHS 157.13(6) (6) Special requirements for a specific license to conduct industrial radiography operations. The department shall approve an application for a specific license to conduct radiography using radioactive materials if all the following conditions are satisfied:
DHS 157.13(6)(a) (a) The applicant satisfies the general requirements specified in sub. (2).
DHS 157.13(6)(b) (b) The applicant has an adequate program for training radiographers and radiographer's assistants that meets the requirements of s. DHS 157.44 (3).
DHS 157.13(6)(c) (c) The applicant submits procedures for verifying and documenting the certification status of radiographers and for ensuring that the certification of individuals acting as radiographers remains valid.
DHS 157.13(6)(d) (d) The applicant submits written operating and emergency procedures that meet the requirements of s. DHS 157.44 (4).
DHS 157.13(6)(e) (e) The applicant submits a description of a program for inspections of the job performance of each radiographer and radiographer's assistant at intervals not to exceed 6 months that meets the requirements of s. DHS 157.44 (3) (e).
DHS 157.13(6)(f) (f) The applicant submits a description of the applicant's overall organizational structure as it applies to the radiation safety responsibilities in industrial radiography, including specified delegation of authority and responsibility.
DHS 157.13(6)(g) (g) The applicant submits the qualifications of the individual designated as the radiation safety officer.
DHS 157.13(6)(h) (h) If an applicant intends to perform leak testing of sealed sources or exposure devices containing depleted uranium shielding, the applicant shall describe the procedures for performing the test. The description shall include all of the following:
DHS 157.13(6)(h)1. 1. Methods of collecting the samples.
DHS 157.13(6)(h)2. 2. Qualifications of the individual who analyzes the samples.
DHS 157.13(6)(h)3. 3. Instruments to be used.
DHS 157.13(6)(h)4. 4. Methods of analyzing the samples.
DHS 157.13(6)(i) (i) The applicant verifies that calibration of survey meters and alarming rate meters is performed according to the requirements of ss. DHS 157.38 and 157.44 (6) (g) 4., respectively.
DHS 157.13(6)(j) (j) The applicant identifies and describes the location or locations of all field stations and permanent radiographic installations.
DHS 157.13(6)(k) (k) The applicant identifies the location or locations where all records required by this and other subchapters will be maintained.
DHS 157.13(6)(L) (L) If a license application includes underwater radiography, a description of all of the following:
DHS 157.13(6)(L)1. 1. Radiation safety procedures and radiographer responsibilities unique to the performance of underwater radiography.
DHS 157.13(6)(L)2. 2. Radiographic equipment and radiation safety equipment unique to underwater radiography.
DHS 157.13(6)(L)3. 3. Methods for gas-tight encapsulation of equipment.
DHS 157.13(6)(m) (m) If an application includes offshore platform or lay-barge radiography, a description of all of the following:
DHS 157.13(6)(m)1. 1. Transport procedures for radioactive material to be used in industrial radiographic operations.
DHS 157.13(6)(m)2. 2. Storage facilities for radioactive material.
DHS 157.13(6)(m)3. 3. Methods for restricting access to radiation areas.
DHS 157.13(6)(n) (n) The applicant describes the program for inspection and maintenance of radiographic exposure devices and storage containers to ensure proper functioning of components important to safety.
DHS 157.13(7) (7) Special requirements for a specific license to conduct irradiator operations.
DHS 157.13(7)(a) (a) The department shall approve an application for a specific license for the use of radioactive material in an irradiator if all the following conditions are satisfied:
DHS 157.13(7)(a)1. 1. The applicant satisfies the general requirements in sub. (2).
DHS 157.13(7)(a)2. 2. The applicant submits an adequate program for training irradiator operators that includes all of the following:
DHS 157.13(7)(a)2.a. a. Classroom training.
DHS 157.13(7)(a)2.b. b. On-the-job or simulator training.
DHS 157.13(7)(a)2.c. c. Safety reviews.
DHS 157.13(7)(a)2.d. d. The method employed by the applicant to test each operator's understanding of the department's regulations and licensing requirements and the irradiator operating, safety and emergency procedures.
DHS 157.13(7)(a)2.e. e. Minimum training and experience of personnel who may provide training.
DHS 157.13(7)(a)3. 3. The applicant submits an outline of the written operating and emergency procedures that describes the radiation safety aspects of the procedures.
DHS 157.13(7)(a)4. 4. The applicant submits a description of the overall organizational structure for managing the irradiator, including the radiation safety responsibilities and authorities of the radiation safety officer and those management personnel who have radiation safety responsibilities or authorities, and who within the management structure has the authority to stop unsafe operations. The applicant shall also describe the training and experience required for the position of radiation safety officer.
DHS 157.13(7)(a)5. 5. The applicant includes a description of the access control systems required by s. DHS 157.73 (2), radiation monitors required by s. DHS 157.73 (5), the method of detecting leaking sources required by s. DHS 157.73 (16) including the sensitivity of the method and a diagram of the facility showing the locations of all required interlocks and radiation monitors.
DHS 157.13(7)(a)6. 6. If the applicant intends to perform leak testing, the applicant shall establish procedures for performing leak testing of dry-source-storage sealed sources and submit a description of these procedures to the department. The description shall include all the following:
DHS 157.13(7)(a)6.a. a. Methods of collecting the leak test samples.
DHS 157.13(7)(a)6.b. b. Qualifications of the individual who collects the samples.
DHS 157.13(7)(a)6.c. c. Instruments to be used.
DHS 157.13(7)(a)6.d. d. Methods of analyzing the samples.
DHS 157.13(7)(a)7. 7. If licensee personnel are to load or unload sources, the applicant shall describe the qualifications and training of the personnel and the procedures to be used. If the applicant intends to contract for source loading or unloading at its facility, the loading or unloading shall only be done by a person specifically authorized by the department, the NRC or another agreement state to load or unload irradiator sources. The information in this subdivision shall also be indicated on the application.
DHS 157.13(7)(a)8. 8. The applicant describes the inspection and maintenance checks, including the frequency of the checks required by s. DHS 157.73 (17).
DHS 157.13(7)(b) (b) A license issued under par. (a) is subject to all of the following conditions:
DHS 157.13(7)(b)1. 1. The applicant may not begin construction of a new irradiator prior to the submission to the department of both an application for a specific license for the irradiator and the fee required by s. DHS 157.10 (3). As used in this section, the term “construction" includes the construction of any portion of the permanent irradiator structure on the site, but does not include engineering and other design work, purchase of a site, site surveys or soil testing, site preparation, site excavation, construction of warehouse or auxiliary structures, and other similar tasks. Any activities undertaken prior to the issuance of a license are entirely at the risk of the applicant and have no bearing on the issuance of a license by the department.
DHS 157.13(7)(b)2. 2. Any application for a license or for amendment of a license authorizing use of a teletherapy-type unit for irradiation of materials or objects may include proposed alternatives for the requirements of this subsection. The department shall approve the proposed alternatives if the applicant provides adequate rationale for the proposed alternatives and demonstrates the likely provision of an adequate level of safety for workers and the public.
DHS 157.13(7)(b)3. 3. Each license will be issued with the condition that the licensee will, at any time before expiration of the license, upon the department's request, submit a written statement to enable the department to determine whether the license should be modified, suspended or revoked.
DHS 157.13(8) (8) Special requirements for a specific license to conduct well logging. The department shall approve an application for a specific license for the use of radioactive material in well logging if all the following conditions are satisfied:
DHS 157.13(8)(a) (a) The applicant satisfies the general requirements specified in sub. (2).
DHS 157.13(8)(b) (b) The applicant submits an adequate program for training well logging supervisors and well logging assistants that includes all the following:
DHS 157.13(8)(b)1. 1. Initial training.
DHS 157.13(8)(b)2. 2. On-the-job training.
DHS 157.13(8)(b)3. 3. Annual safety reviews provided by the licensee.
DHS 157.13(8)(b)4. 4. Means by which the applicant will demonstrate the well logging supervisor's knowledge and understanding of and ability to comply with the department's rules and licensing requirements and the applicant's operating and emergency procedures.
DHS 157.13(8)(b)5. 5. Means by which the applicant will demonstrate the well logging assistant's knowledge and understanding of and ability to comply with the applicant's operating and emergency procedures.
DHS 157.13(8)(c) (c) The applicant submits to the department written operating and emergency procedures as described in s. DHS 157.53 (2) or an outline or summary of the procedures that includes the important radiation safety aspects of the procedures.
DHS 157.13(8)(d) (d) The applicant establishes and submits to the department the applicant's program for annual inspections, at intervals not to exceed 13 months, of the job performance of each well logging supervisor to ensure that the department's rules, license requirements, and the applicant's operating and emergency procedures are followed. The applicant's inspection records shall be retained for 3 years after each annual internal inspection.
DHS 157.13(8)(e) (e) The applicant submits a description of its overall organizational structure as it applies to the radiation safety responsibilities in wire-line services or subsurface tracer studies, including specified delegations of authority and responsibility.
DHS 157.13(8)(f) (f) If an applicant wants to perform leak testing of sealed sources, the applicant identifies the manufacturers and the model numbers of the leak test kits to be used. If the applicant wants to analyze its own wipe samples, the applicant establishes procedures to be followed and submits a description of these procedures to the department. The description shall include all the following:
DHS 157.13(8)(f)1. 1. Instruments to be used.
DHS 157.13(8)(f)2. 2. Methods of performing the analysis.
DHS 157.13(8)(f)3. 3. Pertinent experience of the person who will analyze the wipe samples.
DHS 157.13(9) (9) Issuance of specific licenses.
DHS 157.13(9)(a) (a) If the department determines that an application meets the applicable requirements, the department shall issue a specific license within 180 days of filing of a complete application authorizing the proposed activity in such form and containing such conditions and limitations as the department deems appropriate or necessary.
DHS 157.13(9)(b) (b) The department may incorporate in any license at the time of issuance or thereafter, any additional requirements and conditions with respect to the licensee's receipt, possession, use and transfer of radioactive material subject to this section as the department deems appropriate or necessary.
DHS 157.13(10) (10) Specific terms and conditions of licenses.
DHS 157.13(10)(a) (a) A license issued under this section shall be subject to all the provisions of ss. 254.31 to 254.45, Stats., this chapter and orders of the department.
DHS 157.13(10)(b)1.1. No license issued or granted under this section and no right to possess or utilize radioactive material granted by any license issued under this subsection may be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the department, after securing full information, finds that the transfer complies with the applicable provisions of the statutes, rules and orders of the department, and gives its consent in writing.
DHS 157.13(10)(b)2. 2. An application for transfer of license shall include all the following:
DHS 157.13(10)(b)2.a. a. The identity and technical and financial qualifications of the proposed transferee.
DHS 157.13(10)(b)2.b. b. Financial assurance for decommissioning information, as applicable, required by s. DHS 157.15.
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.
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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.