N.J.A.C. 7:28 — RADIATION PROTECTION PROGRAMS (Subchapter 1 to 65)

(a) A registrant must notify the Department in writing within 30 days after any change in the following information on the application for registration of an ionizing radiation-producing machine: 1. Trade name; 2. X-ray tube capacity; 3. Type of housing; 4. Generator power; 5. Ow…

Notes N.J. Admin. Code § 7:28-3.8 Amended by R.2005 d.156, effective 5/16/2005. See: 36 N.J.R. 2336(a), 37 N.J.R. 1826(a). Inserted "radioactive materials" preceding "registrant". Repealed by R.2008 d.281, effective 9/15/2008 (operative September 30, 2009). See: 40 N.J.R. 2309(a)…

(a) Whenever a manufacturer or dealer sells, installs, relocates or disposes of an ionizing radiation-producing machine, said manufacturer, agent or dealer shall give written notification thereof to the Department within 30 days of such sale, installation, relocation or disposal.…

(a) The subchapter shall apply to persons who produce, transfer, distribute, or arrange for the distribution, sell, lease, receive, acquire, own, transport, store, dispose, possess, or use any diffuse naturally occurring or diffuse accelerator produced radioactive materials, incl…

In any case in which a specific licensee has filed a complete application in proper form for renewal of a specific license not less than 30 days prior to expiration of the existing specific license, such specific license and all its existing conditions shall not expire until the …

(a) Applications for amendment of a specific license shall be filed in accordance with N.J.A.C. 7:28-4.6 and shall specify the amendment desired and the grounds for such amendment. (b) The Department will evaluate only amendment applications submitted by personnel authorized by t…

All persons licensed pursuant to this subchapter shall keep records in accordance with N.J.A.C. 7:28-6, Standards for Protection Against Radiation. Notes N.J. Admin. Code § 7:28-4.12 Amended by R.2008 d.281, effective 9/15/2008 (operative September 30, 2009). See: 40 N.J.R. 2309(…

(a) All licensees shall allow the Department or its agents to inspect radioactive material and the facilities and premises where radioactive material is used or stored. (b) No person shall prevent, prohibit, obstruct, hinder, delay or interfere with personnel of this Department o…

(a) At the request of the Department or its agents, each licensee shall perform, or allow the Department to perform if the Department so desires, such tests as the Department deems appropriate or necessary for the administration of this subchapter, including tests of the followin…

(a) Except as set forth in (b) below, this section incorporates by reference 10 CFR 30.35 Financial assurance and recordkeeping for decommissioning, and the Appendices as referenced in 10 CFR 30.35. (b) The following provisions of 10 CFR 30.35 are not incorporated by reference: 1…

(a) Each general license shall be subject to modification, suspension or revocation by reason of amendments to the Act, adoption of rules by the Commission or the Department, orders issued by the Department pursuant to authority of the Act, or for violation or failure to observe …

(a) When the Department denies an initial application for or renewal of a specific license, or determines to modify, revoke, suspend or terminate a general or specific license, the Department shall send a notice of decision to the applicant or licensee by certified mail return re…

(a) The Department may grant a stay of the effective date of a decision to deny, modify, revoke or suspend any State license. The applicant for such a stay must submit evidence that one of the following circumstances exist: 1. The granting of such stay is required as a constituti…

(a) Any applicant required to submit any information pursuant to the Act or this chapter which in the applicant's opinion constitutes trade secrets, proprietary information or information related to national security, may assert a confidentiality claim by following the procedures…

(a) Any person who possesses a specific license or equivalent licensing document issued by a Federal agency or any other state is granted a general license in this State provided that the provisions of (b)1 through 4 below have been met. (b) Any person who possesses a specific li…

(a) Until such time as a final confidentiality determination has been made, access to any information for which a confidentiality claim has been made will be limited to Department employees whose activities necessitate such access and as provided at N.J.A.C. 7:28-4.23 and 4.25. (…

(a) Information for which a confidentiality claim has been asserted will be treated by the Department as entitled to confidential treatment, unless the Department determines that the information is not entitled to confidential treatment as provided in this section and N.J.A.C. 7:…

(a) When the applicant satisfies each of the following substantive criteria, the Department shall determine that the information for which a confidentiality claim has been asserted is confidential:1. The applicant has asserted a confidentiality claim which has not expired by its …

(a) The Department may disclose confidential information to persons other than Department employees only as provided in this section or N.J.A.C. 7:28-4.24. (b) The Department may disclose confidential information to any other State agency or to a Federal agency if: 1. The Departm…

(a) The Department may disclose any confidential information to any person if it has obtained the written consent of the applicant to such disclosure. (b) The giving of consent by an applicant to disclose shall not be deemed to waive a confidentiality claim with regard to further…

(a) Upon a finding that disclosure of confidential information would serve to alleviate an imminent and substantial danger to public health and the environment, the Department may: 1. Prescribe and make known to the applicant such shorter comment period (N.J.A.C. 7:28-4.21(c)4 ),…

(a) Submissions to the Department pursuant to the Act and this chapter will be opened only by persons authorized by the Department engaged in administering the Act and this chapter. (b) Only those Department employees whose activities necessitate access to information for which a…

(a) A person shall not disclose, seek access to, obtain or have possession of any confidential information obtained pursuant to the Act or this chapter, except as authorized by this subchapter. (b) Every Department employee who has custody or possession of confidential informatio…

Notes N.J. Admin. Code § 7:28-4.28 Recodified to N.J.A.C. 7:28-4.27 by R.2014 d.083, effective 5/5/2014.

(a) A person shall be exempt from the requirement to obtain a license for the following activities: 1. The person is a plant or laboratory owned by or operated on behalf of a Federal agency; 2. The person is a common or contract carrier and is transporting or storing radioactive …

(a) General licenses described in N.J.A.C. 7:28-4.5 are effective without the filing of an application with the Department or the issuance of licensing documents to particular persons. (b) Specific licenses are issued to named persons upon application filed pursuant to the requir…

(a) The following quantities of radioactive substances, when obtained from diffuse naturally occurring materials or diffuse accelerator produced radioactive materials, are generally licensed provided that no person shall at any one time possess or use more than a total of 10 such…

(a) Upon approval of an initial or renewal application, a specific license may be issued by the Department for a period of 10 years commencing on the date the license is issued. (b) Application for specific licenses and renewals shall be filed with the Department, on forms availa…

(a) If the Department determines that an applicant meets the requirements of this subchapter and the Act, it may issue an initial specific license or renew a specific license for diffuse naturally occurring or diffuse accelerator produced radioactive materials provided: 1. The ap…

(a) If the Department determines that an applicant meets the requirements of this subchapter and the Act, an initial specific license or renewal of a specific license may be issued for use of multiple quantities or types of radioactive material provided: 1. The applicant satisfie…

Except as provided in N.J.A.C. 7:28-4.10, each specific license shall expire at 12:01 A.M. of the day, in the month and year stated in the license. Notes N.J. Admin. Code § 7:28-4.9 Amended by 46 N.J.R. 768(a), effective 5/5/2014.

This subchapter applies to indoor and outdoor facilities using mercury vapor lamps for illumination and establishes safety requirements for their use. Notes N.J. Admin. Code § 7:28-41.1

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Mercury vapor lamp" means any mercury vapor or metal halide lamp incorporating a high-pressure arc discharge tube that has a fill consis…

(a) No person shall cause, suffer, allow or permit the installation or use of a mercury vapor lamp in any indoor area which may be occupied by people unless the following requirements are met: 1. The mercury vapor lamp is of the self-extinguishing type; or 2. The mercury vapor la…

(a) No person shall cause, suffer, allow or permit the installation or use of a mercury vapor lamp in any outdoor area where people are likely to remain in the area of illumination for periods in excess of 15 minutes unless the following requirements are met: 1. The mercury vapor…

(a) This subchapter governs exposure to radio frequency radiation from fixed radio frequency devices. (b) This subchapter shall not apply to the intentional exposure of patients to radiation for the purpose of diagnosis, treatment or investigation for the prevention or control of…

The purpose of this subchapter is to define safety requirements for the use of radio frequency devices that radiate in the frequency range from 300 kHz to 100 GHz in order to prevent possible harmful effects in human beings from exposure to such radiation. Notes N.J. Admin. Code …

(a) Radio frequency devices, excluding microwave ovens, shall be maintained as follows: 1. No person shall cause, suffer, allow or permit the use of a radio frequency device which exposes or may expose any worker or member of the public to radio frequency radiation which is in ex…

Maximum Allowed Maximum Allowed Equivalent Mean Squared Mean Squared Plane Wave Frequency Electric Field Magnetic Field Power Density Range Strength (V/m)<2> Strength (A/m)<2> (mW/cm<2>) 300 kHz-3 MHz 400,000 2.5 100 3 MHz-30 MHz 4,000 (900/f<2>) 0.025 (900/f<2>) 900/f<2> 30 MHz-…

(a) This subchapter establishes initial registration fees and annual renewal fees for all radiofrequency and microwave heaters, sealers and industrial ovens, and imposes reporting requirements on the owners of these sources. The fees collected by the Department will support a pro…

(a) An owner of a nonionizing radiation producing source is exempt from registration and payment of initial registration and annual renewal fees if: 1. The source is not operational, and does not emit nonionizing radiation; 2. (Reserved) 3. (Reserved) 4. The source is used for di…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Controlling interest" means the interest held by the person or persons who owns more than 50 percent of the voting stock or other equit…

(a) (Reserved) (b) No owner shall operate a nonionizing radiation producing source listed in (b)1 or 2 below unless the owner completes the registration form and it is received by the Department by March 4, 1995. Thereafter, no owner shall operate the sources listed in (b)1 or 2 …

An owner shall notify the Department in writing within 30 calendar days of any change in the information on the registration form. Notes N.J. Admin. Code § 7:28-48.4

(a) An owner shall submit to the Department a Radiation Assessment Document, on forms made available by the Department, no later than 60 calendar days after the owner's receipt of the bill for the initial registration fee. (b) (Reserved) (c) For sources listed in N.J.A.C. 7:28-48…

An owner shall notify the Department in writing within 30 calendar days of any change in the information contained in the Radiation Assessment Document. Notes N.J. Admin. Code § 7:28-48.6

(a) An owner shall remit to the Department the initial registration fee or annual renewal fee no later than 30 calendar days after the owner's receipt of the bill issued by the Department. (b) An owner shall pay the fees for initial registration and annual renewal as follows: Sou…

(a) A person who sells or otherwise transfers either a nonionizing radiation producing source, or a controlling interest in the owner of such a source, shall notify the Department in writing at least 30 calendar days before the sale or transfer occurs. The transferor shall includ…

(a) Whenever an owner disposes of a nonionizing radiation producing source, as listed in N.J.A.C. 7:28-48.3(a) and (b), the owner shall give written notification to the Department within 30 calendar days after such disposal. The owner shall provide to the Department a complete de…

Every area in which there is any reasonable possibility of an occupant receiving an exposure dose from radiation more than the dose specified in N.J.A.C. 7:28-6 for radiation levels outside a controlled area shall be set apart as a controlled area by any person having possession,…