Wisconsin Legislature: DHS 157.13(8)(f)2.

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.

e. Minimum training and experience of personnel who may provide training.

3. The applicant submits an outline of the written operating and emergency procedures that describes the radiation safety aspects of the procedures.

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.

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.

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:

a. Methods of collecting the leak test samples.

b. Qualifications of the individual who collects the samples.

c. Instruments to be used.

d. Methods of analyzing the samples.

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.

8. The applicant describes the inspection and maintenance checks, including the frequency of the checks required by s. DHS 157.73 (17).

(b) A license issued under par. (a) is subject to all of the following conditions:

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.

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.

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.

(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:

(a) The applicant satisfies the general requirements specified in sub. (2).

(b) The applicant submits an adequate program for training well logging supervisors and well logging assistants that includes all the following:

1. Initial training.

2. On-the-job training.

3. Annual safety reviews provided by the licensee.

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.

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.

(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.

(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.

(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.

(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:

1. Instruments to be used.

2. Methods of performing the analysis.

3. Pertinent experience of the person who will analyze the wipe samples.

(9) Issuance of specific licenses.

(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.

(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.

(10) Specific terms and conditions of licenses.

(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.

(b)

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.

2. An application for transfer of license shall include all the following:

a. The identity and technical and financial qualifications of the proposed transferee.

b. Financial assurance for decommissioning information, as applicable, required by s. DHS 157.15.

(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.

(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:

1. The licensee.

2. An entity defined in 11 USC 101(15) controlling the licensee or listing the license or licensee as property of the estate.

3. An affiliate defined in 11 USC 101(2) of the licensee.

Note: Title 11 of the U.S. Code deals with bankruptcy.

(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.

(11) Expiration and termination of licenses and decommissioning of sites and separate building or outdoor areas.

(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.

(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.

(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:

1. Limit actions involving radioactive material to those related to decommissioning and other activities related to preparation for release for unrestricted use.

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.

(d) A licensee shall do all of the following:

1. Notify the department within 60 days of any of the following:

a. Expiration of the license pursuant to par. (a) or (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.

c. The absence of conduct of any principal activities under the license for a period of 24 months.

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.

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:

a. Begin decommissioning its site, separate building or outdoor area if a decommissioning plan has been previously approved by the department.

b. Submit a decommissioning plan within 12 months if required by par. (f) and begin decommissioning upon approval of that plan.

(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.

(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:

1. Procedures that would involve techniques not applied routinely during cleanup or maintenance operations.

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.

3. Procedures that could result in significantly greater airborne concentrations of radioactive materials than are present during operation.

4. Procedures that could result in significantly greater releases of radioactive material to the environment than those associated with operation.

(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.

(h) The proposed decommissioning plan for the site or separate building or outdoor area shall include all of the following elements:

1. A description of the conditions of the site, separate building or outdoor area sufficient to evaluate the acceptability of the plan.

2. A description of planned decommissioning activities.

3. A description of methods used to ensure protection of workers and the environment against radiation hazards during decommissioning.

4. A description of the planned final radiation survey.

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.

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).

(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.

(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.

(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:

1. Whether it is technically feasible to complete decommissioning within the allotted 24-month period.

2. Whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24-month period.

3. Whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay.

4. Whether a significant reduction in radiation exposure to workers may be achieved by allowing short-lived radionuclides to decay.

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.

(L) As the final step in decommissioning, a licensee shall do all the following:

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.

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.

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.