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(a) A licensee or registrant shall ensure that each container of licensed or registered material bears a durable, clearly visible label bearing the radiation symbol and the words “CAUTION, RADIOACTIVE MATERIAL” or “DANGER, RADIOACTIVE MATERIAL.” The label shall also provide information, such as the radionuclides present, an estimate of the quantity of radioactivity, the date for which the activity is estimated, radiation levels, kinds of materials and mass enrichment, to permit individuals handling or using the containers or working in the vicinity of the containers to take precautions to avoid or minimize exposures.
Note: Mass enrichment is a process used to increase the percentage of the isotope U-235 present in refined uranium. The amount of U-235 present is expressed in percent enrichment on the label.
(b) A licensee or registrant shall, prior to removal or disposal of empty uncontaminated containers to unrestricted areas, remove or deface the radioactive material label or otherwise clearly indicate that the container no longer contains radioactive materials.
(c) A registrant shall ensure that each radiation machine is conspicuously labeled cautioning individuals that radiation is produced when it is energized.
(5)Exemptions to labeling requirements. A licensee or registrant is not required to label any of the following:
(a) Containers holding licensed or registered material in quantities less than the quantities listed in ch. DHS 157 Appendix F.
(b) Containers holding licensed or registered material in concentrations less than those specified in Table III of ch. DHS 157 Appendix E.
(c) Containers attended by an individual who takes the precautions necessary to prevent the exposure of individuals in excess of the limits established by this subchapter.
(d) Containers in transport and packaged and labeled under the regulations of the U.S. department of transportation.
Note: Labeling of packages containing radioactive materials is required by the U.S. Department of Transportation if the amount and type of radioactive materials exceeds the limits for an excepted quantity or article as defined and limited by U.S. Department of Transportation regulations 49 CFR 173.403 (m) and (w) and 173.421 to 173.424.
(e) Containers that are accessible only to individuals authorized to handle or use them, or to work in the vicinity of the containers, if the contents are identified to these individuals by a readily available written record. The record shall be retained as long as the containers are in use for the purpose indicated on the record.
Note: Examples of the type of containers in par. (e) are containers in locations such as water-filled canals or storage vaults.
(f) Installed manufacturing or process equipment, such as piping and tanks.
(6)Procedures for receiving and opening packages.
(a) A licensee or registrant who expects to receive a package containing quantities of radioactive material in excess of a type A quantity shall make arrangements to receive the package under either of the following conditions:
1. When the carrier offers it for delivery.
2. Upon notification of the arrival of the package at the carrier’s terminal and possession of the package is taken expeditiously.
(b) A licensee or registrant shall do all the following:
1. Monitor the external surfaces of a labeled package for radioactive contamination unless the package contains only radioactive material in the form of gas or in special form as defined in subch. I.
2. Monitor the external surfaces of a labeled package for radiation levels unless the package contains quantities of radioactive material that are less than or equal to the type A quantity.
3. Monitor all packages known to contain radioactive material for radioactive contamination and radiation levels if there is evidence of degradation of package integrity, such as packages that are crushed, wet or damaged.
(c) In par. (b), “labeled” means displaying a Radioactive White I, Yellow II, or Yellow III label as specified in U.S. department of transportation regulations 49 CFR 172.403 and 172.436 to 172.440.
(d) A licensee or registrant shall perform the monitoring required by par. (b) as soon as practicable after receipt of the package, but not later than 3 hours after the package is received at the licensee’s or registrant’s facility if it is received during the licensee’s or registrant’s normal working hours or if there is evidence of degradation of package integrity, such as a package that is crushed, wet or damaged. If a package is received after working hours and has no evidence of degradation of package integrity, the package shall be monitored no later than 3 hours from the beginning of the next working day.
(e) A licensee or registrant shall immediately notify the final delivery carrier and, by telephone and either telegram or facsimile, the department under either of the following conditions:
1. Removable radioactive surface contamination exceeds the limits of s. DHS 157.94 (1) (i).
2. External radiation levels exceed the limits of s. DHS 157.94 (1) (j).
Note: The Department may be reached during normal business hours of 7:45 am to 4:30 pm, Monday through Friday, except state holidays, at 608-267-4797. The facsimile transmission number is 608-267-3695.
(f) A licensee or registrant shall do all the following:
1. Establish, maintain and retain written procedures for safely opening packages in which radioactive material is received.
2. Ensure that the procedures are followed and that due consideration is given to special instructions for the type of package being opened.
(g) A licensee or registrant transferring special form sources in vehicles owned or operated by the licensee or registrant to and from a work site is exempt from the contamination monitoring requirements of par. (b), but is not exempt from the monitoring requirement in par. (b) for measuring radiation levels that ensures that the source is still properly lodged in its shield.
History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (6) (e) 2. Register October 2006 No. 610, eff. 11-1-06; CR 09-062: am. (6) (e) 1. Register April 2010 No. 652, eff. 5-1-10; correction in (2) (e), (5) (a), (b) made under s. 35.17, Stats., Register January 2018 No. 745.
DHS 157.30Waste management.
(1)General requirements.
(a) A licensee or registrant disposing of licensed or registered material may use any of the following methods:
1. Transfer to an authorized recipient as provided in sub. (6) or in subch. II, or to the U.S. department of energy.
2. Decay while in storage.
3. Release in effluents within the limits in s. DHS 157.23 (1).
4. Dispose of as authorized under sub. (2), (3), (4), (5) or (8).
(b) A person shall be specifically licensed or registered to receive waste containing licensed or registered material from other persons for any of the following:
1. Treatment prior to disposal.
2. Treatment or disposal by incineration.
3. Decay while in storage.
4. Disposal at a land disposal facility authorized to receive radioactive waste.
5. Storage until transferred to a storage or disposal facility authorized to receive the waste.
(2)Method for obtaining approval of proposed disposal procedures. A licensee or registrant or applicant for a license or registration may apply to the department for approval of proposed procedures, not otherwise authorized in this chapter, to dispose of licensed or registered material generated in the licensee’s or registrant’s operations. Each application shall be in writing and shall include all of the following:
(a) A description of the waste containing licensed or registered material to be disposed of, including the physical and chemical properties that have an effect on risk evaluation and the proposed manner and conditions of waste disposal.
(b) An analysis and evaluation of information on the nature of the environment.
(c) The nature and location of other potentially affected facilities.
(d) Analyses and procedures to ensure that doses are maintained ALARA and within the dose limits in this chapter.
(3)Disposal by release into sanitary sewerage.
(a) A licensee or registrant may discharge licensed or registered material into sanitary sewerage if each of the following conditions is satisfied:
1. The material is readily soluble, or is readily dispersible biological material, in water.
2. The quantity of licensed or registered radioactive material that the licensee or registrant releases into the sewer in one month divided by the average monthly volume of water released into the sewer by the licensee or registrant does not exceed the concentration listed in Table III of ch. DHS 157 Appendix E.
3. If more than one radionuclide is released, all the following conditions shall also be satisfied:
a. A licensee or registrant shall determine the fraction of the limit in Table III of ch. DHS 157 Appendix E represented by discharges into sanitary sewerage by dividing the actual monthly average concentration of each radionuclide released by the licensee or registrant into the sewer by the concentration of that radionuclide listed in Table III of ch. DHS 157 Appendix E.
b. The sum of the fractions for each radionuclide required by subd. 3. a. does not exceed unity.
c. The total quantity of licensed or registered radioactive material that the licensee or registrant releases into the sanitary sewerage in a year does not exceed 185 GBq (5 Ci) of hydrogen-3, 37 GBq (1 Ci) of carbon-14 and 37 GBq (1 Ci) of all other radioactive materials combined.
(b) Excreta from individuals undergoing medical diagnosis or therapy with radioactive material are not subject to the limitations contained in par. (a).
(4)Treatment or disposal by incineration. A licensee or registrant may treat or dispose of licensed or registered material by incineration only in the form and concentration specified in sub. (5) or as specifically approved by the department under sub. (2).
(5)Disposal of specific wastes.
(a) A licensee or registrant may dispose of all of the following licensed or registered material as if the material were not radioactive:
1. 1.85 kBq (0.05 mCi) or less of hydrogen-3, iodine-125 or carbon-14 per gram of medium used for liquid scintillation counting.
2. 1.85 kBq (0.05 mCi) or less of hydrogen-3, iodine-125 or carbon-14 per gram of animal tissue, averaged over the weight of the entire animal.
(b) A licensee or registrant may not dispose of tissue under par. (a) 2. in a manner that would permit its use either as food for humans or as animal feed.
(c) A licensee or registrant shall maintain records under s. DHS 157.31 (9).
(6)Transfer for disposal and manifests.
(a) The requirements of this subsection and Appendix G are designed to control transfers of low-level radioactive waste by any waste generator, waste collector or waste processor licensee who ships low level waste either directly, or indirectly through a waste collector or waste processor, to a licensed low level waste land disposal facility; establish a shipping manifest tracking system and supplement existing requirements concerning transfers and record keeping for those wastes.
(b) Any licensee shipping radioactive waste or byproduct material as defined in s. DHS 157.03 (50) (c) to (e) intended for ultimate disposal at a licensed land disposal facility shall document the information required in ch. DHS 157 Appendix G, Section I and transfer this recorded information to the intended consignee in accordance with the requirements of ch. DHS 157 Appendix G.
(c) Each shipment manifest shall include a certification by the waste generator as specified in ch. DHS 157 Appendix G, Section II.
(d) Each person involved in the transfer of waste for disposal or in the disposal of waste, including the waste generator, waste collector, waste processor and disposal facility operator, shall comply with the requirements specified in ch. DHS 157 Appendix G, Section III.
(7)Compliance with environmental and health protection regulations. Nothing in subs. (1) to (6) relieves a licensee or registrant from complying with other applicable federal, state and local regulations governing any other toxic or hazardous properties of materials that may be disposed of according to subs. (1) to (6).
(8)Disposal of certain byproduct material.
(a) Licensed byproduct material as defined in s. DHS 157.03 (50) (c) to (e) may be disposed of under 10 CFR 61 or equivalent agreement state regulations, even though it is not defined as low level radioactive waste. Any licensed byproduct material being disposed of at a facility, or transferred for ultimate disposal at a facility licensed by the NRC under 10 CFR 61 or an agreement state with equivalent regulations shall meet the requirements of sub. (6).
(b) A licensee may dispose of byproduct material as defined in s. DHS 157.03 (50) (c) to (e) at a disposal facility authorized to dispose of such material under federal or state solid or hazardous waste law, including the Solid Waste Disposal Act, as authorized under 42 USC 2014 (e).
History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 09-062: am. (1) (a) 4. and (6) (b), cr. (8) Register April 2010 No. 652, eff. 5-1-10; correction in (3) (a) 2., (5) (a) 3. a., (6) (b) to (d) made under s. 35.17, Stats., Register January 2018 No. 745.
DHS 157.31Records.
(1)General provisions.
(a) A licensee or registrant shall use the SI units becquerel, gray, sievert and coulomb per kilogram followed by the special units curie, rad, rem and roentgen, or the special units curie, rad, rem and roentgen, including multiples and subdivisions, and shall clearly indicate the units of all quantities on records required by this subchapter.
(b) A licensee or registrant shall make a clear distinction among the quantities entered on the records required by this subchapter, such as total effective dose equivalent, shallow dose equivalent, lens dose equivalent, deep dose equivalent or committed effective dose equivalent.
(2)Records of radiation protection programs.
(a) A licensee or registrant shall maintain records of the radiation protection program, including all of the following:
1. The provisions of the program.
2. Audits and other reviews of program content and implementation.
(b) A licensee or registrant shall retain the records required by par. (a) 1. until the department terminates each pertinent license or registration requiring the record. A licensee or registrant shall retain the records required by par. (a) 2. for 3 years after the record is made.
(3)Records of surveys.
(a) A licensee or registrant shall maintain records showing the results of surveys and calibrations required by ss. DHS 157.25 (1) and 157.29 (6). A licensee or registrant shall retain these records for 3 years after the record is made.
(b) A licensee or registrant shall retain each of the following records until the department terminates each pertinent license or registration requiring the record:
1. Records of the results of surveys to determine the dose from external sources of radiation used, in the absence of or in combination with individual monitoring data, in the assessment of individual dose equivalents.
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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.