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DHS 157.91(1)(1)Notice of violation and order of abatement.
DHS 157.91(1)(a) (a) If the department finds that a source of radiation as constructed, operated or maintained results in a violation of ss. 254.31 to 254.45, Stats., or of this chapter, the department shall notify in writing, the person in control that is causing, allowing or permitting the violation as to the nature of the violation. The notification shall do all of the following:
DHS 157.91(1)(a)1. 1. Specify each statute, rule or condition of a license or registration alleged to have been violated and the severity level of each violation.
DHS 157.91(1)(a)2. 2. Order, that prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with ch. 254, Stats., or this chapter.
DHS 157.91(1)(a)3. 3. Give notice of any forfeiture assessment.
DHS 157.91(1)(a)4. 4. Give notice that an order issued under this paragraph is subject to review by the department.
DHS 157.91(1)(b) (b) If the department finds that a condition exists that constitutes an immediate threat, the department shall include in a notice of violation and order issued under par. (a), the recitation of the existence of the threat and the findings pertaining to the threat. The department may summarily cause the abatement of the violation.
DHS 157.91(1)(c) (c) Upon receipt of a notice of violation and order under this subsection the person in control shall do all of the following:
DHS 157.91(1)(c)1. 1. Cease and abate the violation and take action as necessary to comply with ss. 254.31 to 254.45, Stats., or this chapter, before the time specified in the order.
DHS 157.91(1)(c)2. 2. Send to the department a written plan of correction for each violation, within 10 days after receipt of the notice of violation and order, that describes the action taken to comply with the order and the date within which the violation was corrected.
DHS 157.91(1)(d) (d) The department shall, within a reasonable period after receipt of the plan of correction, inspect the source of radiation to ensure that the violation that is the subject of an order under this subsection is in compliance with ss. 254.31 to 254.45, Stats., and this chapter.
DHS 157.91(1)(e) (e) The department may extend the period specified in par. (c) 2., for submission by the person in control of a plan of correction.
DHS 157.91 Note Note: A plan of correction should 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 157.91(2) (2)Petition for review.
DHS 157.91(2)(a) (a) A person to whom an order is issued under sub. (1) may petition the department for review of the order by submitting within 10 days after receipt of the department's order, to the administrator of the division of public health, a written petition for review. A petition for review shall include all of the following:
DHS 157.91(2)(a)1. 1. Name and address of the person filing the petition.
DHS 157.91(2)(a)2. 2. License number.
DHS 157.91(2)(a)3. 3. Reason for requesting the review.
DHS 157.91(2)(a)4. 4. Alternative solution.
DHS 157.91(2)(a)5. 5. Relief sought.
DHS 157.91(2)(a)6. 6. A copy of the notice of violation and order subject to review.
DHS 157.91(2)(a)7. 7. Written documentation in support of the petition for review.
DHS 157.91 Note Note: A petition for review should 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 157.91(2)(b) (b) Failure to petition the department for review as required under par. (a) may result in a denial of the review.
DHS 157.91(3) (3)Emergency orders.
DHS 157.91(3)(a) (a) If the department finds that an emergency exists concerning a matter subject to regulation under ss. 254.31 to 254.45, Stats., or this chapter, that requires immediate action to protect the public health or safety, the department may issue an emergency order without hearing or notice. The order shall recite the existence of the emergency and state such action the department deems necessary to mitigate the emergency.
DHS 157.91(3)(b) (b) An emergency order shall be issued within 24 hours of finding the emergency and shall be effective upon issuance. An emergency order shall remain in effect for up to 90 days after issuance, unless revoked or modified by the results of a hearing held under sub. (4). Any person to whom an emergency order is issued shall immediately comply with the order.
DHS 157.91(3)(c) (c) A person to whom an emergency order is issued may contest the action by filing with the division of hearings and appeals, within 10 days after receipt of the emergency order, a written request for hearing under sub. (4).
DHS 157.91(4) (4)Hearing.
DHS 157.91(4)(a) (a) Any person against whom the department takes an action under sub. (3) or s. DHS 157.90 (2), may contest the action by sending to the division of hearings and appeals, within 10 days after receipt of the action, a written request for hearing under s. 227.44, Stats. The hearing request shall contain all of the following:
DHS 157.91(4)(a)1. 1. Name and address of the person filing the request.
DHS 157.91(4)(a)2. 2. The license number.
DHS 157.91(4)(a)3. 3. Reason for the hearing request.
DHS 157.91(4)(a)4. 4. Relief sought.
DHS 157.91(4)(a)5. 5. A copy of any notice issued by the department that is the subject of the action.
DHS 157.91(4)(b) (b) Materials mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date the materials are received by the division. Materials transmitted by facsimile shall be considered filed on the date the materials are received by the division as recorded on the division facsimile machine.
DHS 157.91 Note Note: The mailing address of the Division of Hearings and Appeals is: 5005 University Avenue, Suite 201, Madison, WI 53705-5400. The facsimile transmission number is 608-267-2744.
DHS 157.91(4)(c) (c) On the date a hearing request is sent to the division of hearings and appeals under par. (a), the petitioner shall send a copy of the hearing request to the department.
DHS 157.91 Note Note: A copy of the hearing request should 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 157.91(4)(d) (d) The division of hearings and appeals shall commence a hearing within 30 days of receipt of a request for hearing and issue a final decision within 15 days after the close of the hearing. Proceedings before the division shall be governed by ch. 227, Stats.
DHS 157.91 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.
subch. XIII of ch. DHS 157 Subchapter XIII — Transportation
DHS 157.92 DHS 157.92General regulatory provisions.
DHS 157.92(1)(1)Requirement for license. No person may transport radioactive material or deliver radioactive material to a carrier for transport except as authorized in a general or specific license issued by the department under s. 254.365, Stats., or unless exempt under sub. (2).
DHS 157.92(2) (2)Exemptions.
DHS 157.92(2)(a) (a) Common and contract carriers, freight forwarders and warehouse workers who are subject to the requirements of 49 CFR 170 to 189 or the U.S. postal service regulations in the U.S. postal service domestic mail manual (DMM), Section C-023.9.0, and the U.S. postal service are exempt from the requirements of this section to the extent that they transport or store radioactive material in the regular course of their carriage for others or storage incident thereto. Common and contract carriers who are not subject to the requirements of the U.S. department of transportation or U.S. postal service are subject to sub. (1).
DHS 157.92(2)(b) (b) A licensee is exempt from the requirements of this subchapter with respect to shipment or carriage of any of the following materials:
DHS 157.92(2)(b)1. 1. Naturally occurring radioactive material and ores that are either in their natural state or have only been processed for purposes other than the extraction of the radionuclides, and that are not intended to be processed for use of these radionuclides, provided the activity concentration of the material does not exceed 10 times the values specified in ch. DHS 157 Appendix O, Table VII or Table VIII.
DHS 157.92(2)(b)2. 2. Materials for which the activity concentration is not greater than the activity concentration values specified in ch. DHS 157 Appendix O, Table VII or Table VIII, or for which the consignment activity is not greater than the limit for an exempt consignment found in ch. DHS 157 Appendix O, Table VII or Table VIII.
DHS 157.92(2)(b)3. 3. Non-radioactive solid objects with radioactive substances present on any surfaces in quantities not in excess of the levels in the definition of contamination.
DHS 157.92(2)(c) (c) Fissile materials meeting one of the following requirements are exempt from classification as fissile material and from the fissile material package standards of 10 CFR 71.55 and 10 CFR 71.59, but are subject to all other requirements of 10 CFR 71, except as noted:
DHS 157.92(2)(c)1. 1. Individual package containing 2 grams or less of fissile material.
DHS 157.92(2)(c)2. 2. Individual or bulk packaging containing 15 grams or less of fissile material provided the package has at least 200 grams of solid nonfissile material for every gram of fissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but may not be included in determining the required mass for solid nonfissile material.
DHS 157.92(2)(c)3. 3. Low concentrations of solid fissile material commingled with solid nonfissile material, provided that there is at least 2000 grams of solid nonfissile material for every gram of fissile material and there is no more than 180 grams of fissile material distributed within 360 kg of contiguous nonfissile material. Lead, beryllium, graphite and hydrogenous material enriched in deuterium may be present in the package, but may not be included in determining the required mass of solid nonfissile material.
DHS 157.92(2)(c)4. 4. Uranium enriched in uranium-235 to a maximum of one percent by weight, and with total plutonium and uranium-233 content of up to one percent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium present in the package is less than 5% of the uranium mass, and that the fissile material is distributed homogeneously and does not form a lattice arrangement within the package.
DHS 157.92(2)(c)5. 5. Liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of 2% by mass, provided that all the following conditions apply:
DHS 157.92(2)(c)5.a. a. The total plutonium and uranium-233 content does not exceed 0.002 percent of the total mass of uranium.
DHS 157.92(2)(c)5.b. b. The nitrogen to uranium atomic ratio (N/U) is greater than or equal to 2.0.
DHS 157.92(2)(c)5.c. c. The material is contained in at least a U.S. department of transportation Type A package.
DHS 157.92(2)(c)6. 6. Plutonium with a total mass of less than 1000 grams, provided that: plutonium-239, plutonium-241, or any combination of these radionuclides, constitutes less than 20% by mass of the total quantity of plutonium in the package.
DHS 157.92 Note Note: The U.S. postal service domestic mail manual (DMM), Section C-023.9.0, is available at http://pe.usps.gov/.
DHS 157.92(2)(d) (d) Any physician licensed by the state of Wisconsin to dispense drugs in the practice of medicine is exempt from sub. (1) with respect to transport by the physician of radioactive material for use in the practice of medicine provided the physician is an authorized user under subch. II of this chapter.
DHS 157.92(3) (3)Transport of licensed material.
DHS 157.92(3)(a)(a) A licensee who transports licensed material outside the site of usage, as specified in the department license, or on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the U.S. department of transportation regulations in 49 CFR 107, 171 to 180, and 390 to 397, appropriate to the mode of transport and do all the following:
DHS 157.92(3)(a)1. 1. Comply with the requirements, appropriate to the mode of transport, of the regulations of the U.S. department of transportation in all the following areas:
DHS 157.92(3)(a)1.a. a. Packaging — 49 CFR 173: Subparts A and B and I.
DHS 157.92(3)(a)1.b. b. Marking and labeling — 49 CFR Part 172: Subpart D; and 172.400 to 172.407 and 172.436 to 172.441 of Subpart E.
DHS 157.92(3)(a)1.c. c. Placarding — 49 CFR 172: Subpart F, especially 172.500 to 172.519, 172.556 and Appendices B and C.
DHS 157.92(3)(a)1.d. d. Accident reporting — 49 CFR 171: 171.15 and 171.16.
DHS 157.92(3)(a)1.e. e. Shipping papers and emergency information — 49 CFR 172: Subpart C and Subpart G.
DHS 157.92(3)(a)1.f. f. Hazardous material employee training — 49 CFR 172: Subpart H.
DHS 157.92(3)(a)1.g. g. Hazardous material shipper/carrier registration — 49 CFR 107: Subpart G.
DHS 157.92(3)(a)1.h. h. Security Plans — 49 CFR 172: Subpart I.
DHS 157.92(3)(a)2. 2. Comply with U.S. department of transportation regulations pertaining to all the following modes of transportation:
DHS 157.92(3)(a)2.a. a. Rail — 49 CFR 174: Subparts A to D and K.
DHS 157.92(3)(a)2.c. c. Vessel — 49 CFR 176: Subparts A to F and M.
DHS 157.92(3)(a)2.d. d. Public Highway — 49 CFR 177 and 49 CFR 390 to 397.
DHS 157.92(3)(a)3. 3. Before delivery of a package to a carrier for transport, the licensee shall ensure that any special instructions needed to safely open the package have been sent to, or otherwise made available to, the consignee for the consignee's use under s. DHS 157.29 (6) (e).
DHS 157.92(3)(b) (b) If the regulations of the U.S. department of transportation are not applicable to a shipment of licensed material, a licensee shall comply with the requirements of 49 CFR 107, 171 to 180, and 390 to 397, appropriate to the mode of transport as if the shipment was subject to the regulations. A request for modification, waiver or exemption from these requirements and any notification referred to in these requirements shall be submitted in writing to the department.
DHS 157.92 Note Note: A request for modification, waiver or exemption shall be submitted to the department at the following address: 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. Requests may be sent by facsimile to 608-267-3695.
DHS 157.92 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: r. and recr. (2) (b) to (d) and (3) (a) 3., am. (3) (a) (intro.) and 1. b., cr. (3) (a) 1. h. Register October 2006 No. 610, eff. 11-1-06; CR 09-062: am. (2) (c) 5. (intro.), (3) (a) (intro.) and (b) Register April 2010 No. 652, eff. 5-1-10; CR 16-78: am. (2) (b) 1., 2., cr. (2) (b) 3., am. (2) (c) 4. Register January 2018 No. 745, ef. 2-1-18; correction in (2) (b) 1., 2. made under s. 35.17, Stats., Register January 2018 No. 745.
DHS 157.93 DHS 157.93General licenses.
DHS 157.93(1)(1)Common or contract carrier. A general license is issued to any common or contract carrier not exempt under s. DHS 157.92 (2) to receive, possess, transport and store radioactive material in the regular course of their carriage for others or storage incident thereto, provided the transportation and storage is under the applicable requirements, appropriate to the mode of transport, of the U.S. department of transportation 49 CFR 170 to 189 relating to loading and storage of packages, placarding of the transporting vehicle and incident reporting. Notification of an incident shall be filed with the department as prescribed in 49 CFR 170 to 189, in addition to notification made to the U.S. department of transportation or other agencies.
DHS 157.93(2) (2)Private carrier. A general license is issued to any private carrier to transport radioactive material, provided the transportation is under the applicable requirements, appropriate to the mode of transport, of the U.S. department of transportation insofar as the requirements relate to the loading and storage of packages, placarding of the transporting vehicle and incident reporting. Notification of an incident shall be filed with the department as prescribed in 49 CFR 170 to 189 in addition to notification made to the U.S. department of transportation or other agencies.
DHS 157.93(3) (3)Exemption. A person who transports radioactive material under the general licenses in subs. (1) or (2) is exempt from the requirements of subchs. III and X only for the purposes of transporting radioactive material.
DHS 157.93(4) (4)Nuclear regulatory commission-approved packages .
DHS 157.93(4)(a)(a) A general license is issued to any licensee to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, certificate of compliance, or other approval has been issued by the nuclear regulatory commission.
DHS 157.93(4)(am) (am) The general license issued in par. (a) applies only to a licensee who has a quality assurance program approved by the commission as satisfying the provision of subpart H of 10 CFR 71.
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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.