Utah Administrative Code (Current through November 1, 2019) |
R313. Environmental Quality, Waste Management and Radiation Control, Radiation |
R313-70. Payments, Categories and Types of Fees |
R313-70-1. Purpose and Authority |
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(1) The purpose of this rule is to prescribe the requirements to assess fees of registrants and licensees possessing sources of radiation. (2) The rules set forth herein are adopted pursuant to the provisions of Subsection 19-3-104(6). |
R313-70-2. Scope |
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The requirements of Rule R313-70 apply to persons who receive, possess, or use sources of radiation provided: however, that nothing in these rules shall apply to the extent a person is subject to regulation by the U.S. Nuclear Regulatory Commission. |
R313-70-3. Communications |
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Communications concerning Rule R313-70 should be addressed to the Director, and may be sent to the Division of Waste Management and Radiation Control, Department of Environmental Quality. Communications may be delivered in person at the Division of Waste Management and Radiation Control offices. |
R313-70-5. Payment of Fees |
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(1) New Application Fee: Applications for radiation machine registration or radioactive material licensing for which a fee is prescribed, shall be accompanied by a remittance in the full amount of the fee. Applications will not be accepted for filing or processing prior to payment of the full amount specified. Applications for which no remittance is received will be returned to the applicant. Application fees will be charged irrespective of the Director's disposition of the application or a withdrawal of the application. (2) Annual Fee: Persons and individuals who are subject to licensing or registration of radioactive material or radiation machine registration with the Director under provisions of the Utah Radiation Control Rules, are assessed an annual fee in accordance with categories of Sections R313-70-7 and R313-70-8. The appropriate fee shall be filed annually with the Director, by the due date the Director specifies for registrants or by the anniversary date for licensees. The account of a licensee or registrant that is delinquent on or after 61 days may be transferred to the Office of State Debt Collection in accordance with Section R21-1-5. (3) Inspection Fee: Persons and entities who, under provisions of the Utah Radiation Control Rules, are subject to radiation machine registration with the Director are assessed an inspection fee in accordance with Section R313-70-8. Fees for inspection of a radiation machine are due within 30 days of receipt of an invoice from the Agency. The inspection account of a registrant that is delinquent on or after 61 days may be transferred to the Office of State Debt Collection in accordance with Section R21-1-5. (4) Failure to pay the prescribed fee: the Director will not process applications and may suspend or revoke licenses or registrations or may issue an order with respect to the activities as the Director determines to be appropriate or necessary in order to carry out the provisions of this part of Rule R313-70, and of the Act. (a) General license certificates of registration and new specific licenses issued pursuant to the provisions in Rules R313-21 or R313-22, will be valid for a period of five years unless failure to submit appropriate fee occurs. Specific license renewals issued pursuant to the provisions in Rule R313-22 may be valid for a period of ten years or less in accordance with Subsections R313-22-34(1)(b) and (1)(c). Machine registrations will be valid for one year during the schedule established by the Director in accordance with Section R313-16-230. Failure to submit appropriate fees will render the license, certificate or registration invalid, at which time a new application with appropriate fees shall be submitted. (b) Renewal applications shall be filed in a timely manner in accordance with Sections R313-22-37 or R313-16-230. The radioactive material license will expire on the date specified on the license. A general license certificate of registration will expire on the date specified on the certificate of registration. A radiation machine registration will expire as outlined in Section R313-16-230. The Director may renew an expired license if the licensee provides information that explains why the renewal application was not submitted pursuant to the provisions in Subsection R313-22-36(1) and other information the Director may request to determine that issuance of the license will not be inimical to the health and safety of the public. (5) Method of Payment: Fees shall be made payable to: Division of Waste Management and Radiation Control, Department of Environmental Quality. |
R313-70-7. License Categories and Types of Fees for Radioactive Materials Licenses |
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Fees shall be established in accordance with Section 63j-1-504. Copies of established fee schedules may be obtained from the Director. TABLE LICENSE CATEGORY TYPE OF FEE (1) Special Nuclear Material (a) Licenses for New License or Renewal possession and use Annual Fee of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers and neutron generators. (b) Licenses for New License or Renewal possession and use Annual Fee of less than 15 g special nuclear material in unsealed form for research and development. (c) All other New License or Renewal special nuclear Annual Fee material licenses. (d) Special New License or Renewal nuclear material Annual Fee to be used as calibration and reference sources. (2) Source Material. (a) Licenses for New License or Renewal concentrations Annual Fee of uranium from Review Fees other areas like copper or phosphates for the production of moist, solid, uranium yellow cake. (b) Licenses for Monthly fee for active possession and use or inactive mill of source material Review Fees in extraction facilities such as conventional milling, in-situ leaching, heap leaching, and other processes including licenses authorizing the possession of byproduct material (tailings and other wastes) from source material extraction facilities, as well as licenses authorizing the possession and maintenance of a facility in a standby mode, and licenses that authorize the receipt of byproduct material, as defined in Section 19-3-102, from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee's milling operations. (c) Licenses that Application Fee authorize the receipt of New License or Renewal byproduct material, as Monthly Fee defined in Section 19-3-102, from other persons for possession and disposal. (d) Licenses for New License or Renewal possession and use of Annual Fee source material for shielding. (e) All other New License or Renewal source material Annual Fee licenses. (3) Radioactive Material Other than Source Material and Special Nuclear Material. (a)(i) Licenses of New License or Renewal broad scope for Annual Fee possession and use of radioactive material for processing or manufacturing of items containing radioactive material for commercial distribution. (a)(ii) Other New License or Renewal licenses for Annual Fee possession and use of radioactive material for processing or manufacturing of items containing radioactive material for commercial distribution. (b) Licenses New License or Renewal authorizing the Annual Fee processing or manufacturing and distribution or redistribution of radio- pharmaceuticals, generators, reagent kits, or sources or devices containing radioactive material. (c) Licenses New License or Renewal authorizing Annual Fee distribution or redistribution of radiopharmaceuticals, generators, reagent kits, or sources or devices not involving processing of radioactive material. (d) Licenses for New License or Renewal possession and Annual Fee use of radioactive material for industrial radiography operations. (e) Licenses for New License or Renewal possession and use Annual Fee of sealed sources for irradiation of materials in which the source is not removed from its shield (self- shielded units). (f)(i) Licenses for New License or Renewal possession and use Annual Fee of less than 10,000 curies of radioactive material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. (f)(ii) Licenses New License or Renewal for possession Annual Fee and use of 10,000 curies or more of radioactive material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. (g) Licenses to New License or Renewal distribute items Annual Fee containing radioactive material that require device review to persons exempt from the licensing requirements of Rule R313-19, except specific licenses authorizing redistribution of items that have have been authorized for distribution to persons exempt from the licensing requirements of Rule R313-19. (h) Licenses to New License or Renewal distribute items Annual Fee containing radioactive material or quantities of radioactive material that do not require device evaluation to persons exempt from the licensing requirements of Rule R313-19, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements of Rule R313-19. (i) Licenses to New License or Renewal distribute items Annual Fee containing radio- active material that require sealed source or device review to persons generally licensed under Rule R313-21, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Rule R313-21. (j) Licenses to New License or Renewal distribute Annual Fee items containing radioactive material or quantities of radioactive material that do not require sealed source or device review to persons generally licensed under Rule R313-21, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Rule R313-21. (k) Licenses for New License or Renewal possession and use Annual Fee of radioactive material for research and development, which do not authorize commercial distribution. (l) All other New License or Renewal specific radioactive Annual Fee material licenses. (m) Licenses of New License or Renewal broad scope for Annual Fee possession and use of radioactive material for research and development which do not authorize commercial distribution. (n) Licenses that New License or Renewal authorize services Annual Fee for other licensees, except licenses that authorize leak testing or waste disposal services which are subject to the fees specified for the listed services. (o) Licenses that New License or Renewal authorize Annual Fee services for leak testing only. (4) Radioactive Waste Disposal: (a) Licenses Application Fee specifically New License or Renewal authorizing the Siting Review Fee receipt of waste radioactive material from other persons for the purpose of commercial disposal by land by the licensee. (b) Licenses New License or Renewal specifically Annual Fee authorizing the receipt of waste radioactive material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. (c) Licenses New License or Renewal specifically Annual Fee authorizing the receipt of prepackaged waste radioactive material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material. (d) Licenses New License or Renewal authorizing Annual Fee packaging of radioactive waste for shipment to waste disposal site where licensee does not take possession of waste material. (5) Well logging, well surveys and tracer studies. (a) Licenses for New License or Renewal possession Annual Fee and use of radioactive material for well logging, well surveys and tracer studies other than field flooding tracer studies. (b) Licenses for New License or Renewal possession and use of Annual Fee radioactive material for field flooding tracer studies. (6) Nuclear laundries. (a) Licenses for New License or Renewal commercial Annual Fee collection and laundry of items contaminated with radioactive material. (7) Human use of radioactive material. (a) Licenses New License or Renewal for human use Annual Fee of radioactive material in sealed sources contained in teletherapy devices. (b) Other licenses New License or Renewal issued for human Annual Fee use of radioactive material, except licenses for use of radioactive material contained in teletherapy devices. (c) Licenses of New License or Renewal broad scope issued Annual Fee to medical institutions or two or more physicians authorizing research and development, including human use of radioactive material, except licenses for radio- active material in sealed sources contained in teletherapy devices. (8) Civil Defense. (a) Licenses for New License or Renewal possession and use Annual Fee of radioactive material for civil defense activities. (9) Power Source. (a) Licenses for New License or Renewal the manufacture and Annual Fee distribution of encapsulated radioactive material wherein the decay energy of the material is used as a source for power. (10) General License. (a) Measuring, Fee per device gauging and control devices as described in Subsection other than hydrogen-3 (tritium) devices and polonium-210 devices containing no more than 10 millicuries used for producing light or an ionized atmosphere. (b) In Vitro testing Fee per registration certificate (c) Depleted uranium Fee per registration certificate (d) Reciprocal Annual fee for license category recognition, as listed in R313-70-7(1) through provided for in (10), per 180 days in one calendar Section R313-19-30, of a year license issued by the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State. |
R313-70-8. Registration and Inspection Categories and Types of Fees for Registration of Radiation Machines |
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(1) For machines registered under Section R313-16-230, registrants will pay an annual registration fee and an inspection fee that shall be established in accordance with Section 63j-1-504. Copies of established fee schedules may be obtained from the Director. TABLE FACILITY TYPE TYPE OF FEE Hospital/Therapy Registration Annual per control unit and first tube plus annual per each additional tube connected to a control unit. State Inspection Per tube. Medical Registration Annual per control unit and first tube plus annual per each additional tube connected to a control unit. State Inspection Per tube. Podiatry Registration Annual per control unit and first tube plus annual per each additional tube connected to a control unit. State Inspection Per tube. Veterinary Registration Annual per control unit and first tube plus annual per each additional tube connected to a control unit. State Inspection Per tube. Chiropractic Registration Annual per control unit and first tube plus annual per each additional tube connected to a control unit. State Inspection Per tube. Dental Registration Annual per control unit and first tube plus annual per each additional tube connected to a control unit. State Inspection Per control unit and first tube plus each additional tube connected to a control unit. Industrial Facility Registration Annual per control with High or Very unit and first High Radiation tube plus annual Areas Accessible to per each Individuals additional tube connected to a control unit. State Inspection Per tube. Industrial Facility Registration Annual per control with Cabinet X-ray unit and first or Units Designed tube plus annual for Other Industrial per each Purposes additional tube connected to a control unit. State Inspection Per tube. Other Registration Annual per control unit and first tube plus annual per each additional tube connected to a control unit. State Inspection Per tube. Acceptance of work, Per tube reviewed. performed by a person meeting the qualifications in Section R313-16-292, that demonstrates compliance with these rules. |
R313-70-9. Other Fees for Services |
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TABLE (1) Expedited Hourly application review. Applicable when, by mutual consent of the applicant and affected staff, an application request is taken out of date order and processed by staff during non-work hours. (2) Review of plans for Plan Review Plus Hourly decommissioning, decontamination, reclamation, or site restoration activities. (3) Management and Actual Cost oversight of impounded radioactive material. (4) License amendment, Amendment Fee for greater than three applications in a calendar year. |