Wisconsin Legislature: DHS 157.13(15)(c)

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.

3. Report levels of gamma radiation in units of millisieverts (microroentgen) per hour at one meter from surfaces, and report levels of radioactivity, including alpha and beta, in units of megabecquerels per 100 square centimeters, disintegrations per minute per 100 square centimeters or microcuries per 100 square centimeters — removable and fixed — for surfaces, megabecquerels (microcuries) per milliliter for water, and becquerels (picocuries) per gram for solids such as soils or concrete.

4. Specify the survey instruments used and certify that each instrument is properly calibrated and tested.

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

(m) The department shall terminate a specific license, including an expired license, by written notice to the licensee when the department determines all of the following have occurred:

1. Radioactive material has been properly disposed of.

2. Reasonable effort has been made to eliminate residual radioactive contamination, if present.

3. The licensee has filed with the department sufficient information, including a radiation survey, to demonstrate that the premises are suitable for release in accordance with the criteria for decommissioning in s. DHS 157.33.

4. The licensee has submitted records required under s. DHS 157.13 (18) (b) and (d) to the department.

(12) Renewal of licenses.

(a) An application for renewal of a specific license shall be filed under sub. (1).

(b) If a licensee, not less than 30 days prior to expiration of his or her existing license, has filed an application in proper form for renewal or for a new license authorizing the same activities, the license may not expire until final action by the department.

Note: A license renewal 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.

(13) Amendment of licenses at request of licensee. An application for amendment of a license shall be filed under sub. (1) and shall specify the respects in which the licensee desires the license to be amended and the grounds for the amendment. The licensee shall include the appropriate fee specified in s. DHS 157.10 (3) with the amendment application.

Note: A specific license application form is not required for an amendment request.

(14) department action on applications to renew or amend. In considering an application by a licensee to renew or amend the license, the department shall apply the criteria set forth in subs. (2), (3) and (4) and in subchs. IV, V and VI, as applicable.

(15) Transfer of material.

(a) No licensee may transfer radioactive material except as authorized under this subsection.

(b) Except as otherwise provided in its license and subject to the provisions of pars. (c) and (d), a licensee may transfer radioactive material to any of the following:

1. The department only after receiving prior approval from the department.

2. The U.S. department of energy.

3. Any person exempt from these regulations to the extent permitted under the exemption.

4. Any person authorized to receive radioactive material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the department, the NRC, any agreement state, any licensing state or to any person otherwise authorized to receive radioactive material by the federal government or any agency thereof, the department, an agreement state or a licensing state.

5. Any person as otherwise authorized by the department in writing.

6. The agency in another state that regulates radioactive material under 42 USC 5801.

(c) Before transferring radioactive material to a specific licensee of the department, the NRC, an agreement state or a licensing state, or to a general licensee who is required to register with the department, the NRC, an agreement state or a licensing state prior to receipt of the radioactive material, a licensee transferring the material shall verify that the transferee’s license authorizes the receipt of the type, form and quantity of radioactive material to be transferred.

(d) A licensee transferring radioactive materials as described in par. (c) may use any of the following methods for verification:

1. The transferor may possess and read a copy of the transferee’s specific license or registration certificate that is currently in force.

2. The transferor may possess a written statement, from the transferee, certifying that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date.

3. For emergency shipments, the transferor may accept an oral statement by the transferee that the transferee is authorized by license or registration certificate to receive the type, form and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency and expiration date; provided that the oral statement is confirmed in writing within 10 days.

4. The transferor may obtain other information compiled by a reporting service from official records of the department, the NRC, an agreement state or a licensing state regarding the identity of licensees and the scope and expiration dates of licenses and registration.

5. When none of the methods of verification described in subds. 1. to 4. are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the department, the NRC, an agreement state or a licensing state that the transferee is licensed to receive the radioactive material.

(e) Shipment and transport of radioactive material shall be under the provisions of subch. XIII.

(16) Modification, suspension and revocation of licenses.

(a) The terms and conditions of a license shall be subject to amendment, revision or modification by the department. The department may suspend, revoke or modify the license due to amendments to ss. 254.31 to 254.45, Stats., this chapter or orders issued by the department.

(b) The department may revoke, suspend or modify any license or reciprocal recognition of an out-of-state license, in whole or in part, for any material false statement in the application or any statement of fact required under provisions of ss. 254.31 to 254.45, Stats., or because of conditions revealed by such application or statement of fact or any report, record or inspection or other means which would warrant the department to refuse to grant a license on an original application or for violation of or failure to observe any of the terms and conditions of ss. 254.31 to 254.45, Stats., this chapter or orders issued by the department or voluntary application for amendment, revision or modification submitted by the licensee.

(c) Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, the department may not modify, suspend or revoke a license unless, prior to such action, the department notifies the licensee, in writing, of the facts or conduct that warrant the action and the licensee has been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.

(d) A person who considers himself or herself affected by a department denial of license application or amendment, license revocation, or license suspension may submit to the department a written request for hearing about the license action. A written request for hearing on a license action shall be received by the department within 10 days after receipt of a notice of the department’s decision to deny license application or renewal or revoke or suspend a license. The hearing request shall include the information required in s. DHS 157.90 (3).

Note: Hearing requests shall 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.

(17) Event reporting.

(a) Events that must be reported immediately. A licensee shall notify the department by telephone as soon as possible but not later than 4 hours after the discovery of an event, such as a fire, explosion or toxic gas release, which prevents immediate protective actions necessary to avoid exposures to radiation, radioactive materials or releases of licensed radioactive material that could exceed regulatory limits established in this chapter.

(b) Events that must be reported within 24 hours. A licensee shall notify the department within 24 hours by telephone, facsimile, or in person after the discovery of any of the following events involving licensed material:

1. An unplanned contamination event that meets all of the following criteria:

a. Requires access to the contaminated area, by workers or the public, to be restricted for more than 24 hours by imposing additional radiological controls or by prohibiting entry into the area.

b. Involves a quantity of material greater than 5 times the lowest annual limit on intake specified in ch. DHS 157 Appendix E for the material.

c. Restricts access to the area for a reason other than to allow isotopes with a half-life of less than 24 hours to decay prior to decontamination.

2. An event in which equipment is disabled or fails to function as designed under any of the following circumstances:

a. The equipment is required by regulation or license condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and radioactive materials exceeding regulatory limits, or to mitigate the consequences of an accident.

b. The equipment is required to be available and operable when it is disabled or fails to function.

c. No redundant equipment is available and operable to perform the required safety function.

3. An event that requires unplanned medical treatment of an individual with spreadable radioactive contamination on the individual’s clothing or body.

4. A fire or explosion damaging any licensed material or any device, container or equipment containing licensed material under any of the following circumstances:

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.

b. The damage affects the integrity of the licensed material or its container.

Note: Submit report to the Department via telephone at (608) 267-4797 or via facsimile at (608) 267-3695.

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:

a. The caller’s name and call back telephone number.

b. A description of the event, including the date and time of its occurrence.

c. The exact location of the event.

d. The isotopes, quantities, and chemical and physical form of the licensed material involved in the event.

e. Any personnel radiation exposure data available.

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:

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.

b. The exact location of the event.

c. The isotopes, quantities, and chemical and physical form of the licensed material involved.

d. The date and time of the event.

e. Corrective actions taken or planned and the results of any evaluations or assessments.

f. The extent to which individuals were exposed to radiation or to radioactive materials without identification of individuals by name.

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

(18) Receipt, transfer and disposal records.

(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.

(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).

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:

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

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

2. The new licensee shall be responsible for maintaining the records required in subd. 1. until the license is terminated.

(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.

(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.

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 Reciprocity.

(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.

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

(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: