North Dakota Administrative Code

No application fees, license fees, amendment fees, renewal fees, or special project fees, shall be required for: 1. A license authorizing the use of source material as shielding only in devices and containers provided; however, that all other licensed byproduct material, naturall…

The following fees are nonrefundable: 1. License and registration fees. The appropriate licensing or registration fee shall accompany the application for licensure or registration when filed with the department. For new radioactive material licenses, the application fee is equal …

1. In any case where the department finds that an applicant or a licensee has failed to pay a prescribed fee required in this chapter, the department will not process any application and may suspend or revoke any license or approval involved or may issue an order with respect to …

part 39. 10 Code of Federal Regulations 39.1, 39.2, 39.11, 39.13, 39.15, 39.17, 39.31, 39.33, 39.35, 39.37, 39.39, 39.41, 39.43, 39.45, 39.47, 39.49, 39.51, 39.53, 39.55, 39.61, 39.63, 39.65, 39.67, 39.69, 39.71, 39.73, 39.75, 39.77, and 39.91 are adopted by reference as they exi…

part 71. 10 Code of Federal Regulations 71.0, 71.3, 71.4, 71.5, 71.7, 71.8, 71.9, 71.10, 71.12, 71.13, 71.14, 71.15, 71.17, 71.21, 71.22, 71.23, 71.47, 71.81, 71.83, 71.85, 71.87, 71.88, 71.89, 71.91, 71.93, 71.95, 71.97, 71.101, 71.103, 71.105, 71.106, 71.127, 71.129, 71.131, 71…

part 36. 10 Code of Federal Regulations 36.1, 36.2, 36.11, 36.13, 36.15, 36.17, 36.19, 36.21, 36.23, 36.25, 36.27, 36.29, 36.31, 36.33, 36.35, 36.37, 36.39, 36.41, 36.51, 36.53, 36.55, 36.57, 36.59, 36.61, 36.63, 36.65, 36.67, 36.69, 36.81, and 36.83 are adopted by reference as t…

1. This chapter establishes requirements, for which the registrant is responsible, for use of therapeutic radiation machines. The provisions of this chapter are in addition to, and not in substitution for, other applicable provisions of these regulations. 2. The use of therapeuti…

As used in this chapter, the following definitions apply: 1. "Absorbed dose (D)" means the mean energy imparted by ionizing radiation to matter. Absorbed dose is determined as the quotient of dE by dM, where dE is the mean energy imparted by ionizing radiation to matter of mass d…

1. Administrative controls. The registrant shall be responsible for directing the operation of the therapeutic radiation machines that have been registered with the department. The registrant or the registrant's agent shall ensure that the requirements of chapter 33.1-10-15 are m…

1. Protection surveys. a. The registrant shall ensure that radiation protection surveys of all new facilities, and existing facilities not previously surveyed, are performed with an operable radiation measurement survey instrument calibrated in accordance with section 33.1-10-15-…

The facility shall implement a quality management program. The facility may use the quality management programs found in either appendix B or C. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-02; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-03-03; S.L. …

1. Leakage radiation. When the x-ray tube is operated at its maximum rated tube current for the maximum kilovolts, the leakage air kerma rate shall not exceed the value specified at the distance specified for that classification of therapeutic radiation machine: a. Five to fifty …

kilovolts and above) and electron therapy systems (five hundred kilo electron volts and above). 1. Possession of survey instruments. Each facility location authorized to use a therapeutic radiation machine in accordance with this section shall possess appropriately calibrated por…

1. The registrant shall ensure that the survey instruments used to show compliance with this chapter have been calibrated before first use, at intervals not to exceed twelve months, and following repair; 2. To satisfy the requirements of subsection 1, the registrant shall: a. Cal…

1. Each therapeutic radiation machine subject to section 33.1-10-15-06 or 33.1-10-15-07 shall be provided with such primary or secondary barriers, or both, as are necessary to ensure compliance with chapter 33.1-10-04.2 [10 CFR 20.1201 and 10 CFR 20.1301]. 2. Facility design info…

part 40. 10 Code of Federal Regulations 40.1, 40.2, 40.3, 40.4, 40.7, 40.9, 40.10, 40.11, 40.12, 40.13, 40.14, 40.20, 40.21, 40.22, 40.25, 40.26, 40.31, 40.32, 40.34, 40.35, 40.36, 40.41, 40.42, 40.43, 40.44, 40.45, 40.46, 40.51, 40.54, 40.55, 40.60, 40.61, 40.62, 40.63, 40.65, a…

part 70. 10 Code of Federal Regulations 70.1, 70.2, 70.3, 70.4, 70.7, 70.9, 70.10, 70.11, 70.12, 70.17, 70.18, 70.19, 70.20, 70.21, 70.22, 70.23, 70.25, 70.31, 70.32, 70.33, 70.34, 70.35, 70.36, 70.38, 70.39, 70.41, 70.42, 70.50, 70.51, 70.56, and 70.81 are adopted by reference a…

part 31. 10 Code of Federal Regulations 31.1, 31.2, 31.3, 31.5, 31.6, 31.7, 31.8, 31.9, 31.10, 31.11, and 31.12 are adopted by reference as they exist on October 1, 2015, with the following exceptions: 1. Not adopted by reference are 10 Code of Federal Regulations 31.3(b) and (c)…

part 150. 10 Code of Federal Regulations 150.1, 150.2, 150.3, 150.11, 150.20, 150.31, and 150.32 are adopted by reference as they exist on December 30, 2019, with the following exceptions: 1. Not adopted by reference is 10 Code of Federal Regulations 150.3 foreign obligations. 2.…

part 32. 10 Code of Federal Regulations 32.1, 32.2, 32.3, 32.13, 32.17, 32.24, 32.51, 32.51(a), 32.52, 32.53, 32.54, 32.55, 32.56, 32.57, 32.58, 32.59, 32.61, 32.62, 32.71, 32.72, 32.74, 32.101, 32.102, 32.103, 32.110, 32.201, 32.210, and 32.301 are adopted by reference as they e…

part 33. 10 Code of Federal Regulations 33.1, 33.11, 33.12, 33.13, 33.14, 33.15, 33.16, 33.17, and 33.100 are adopted by reference as they exist on January 1, 2010, with the following exceptions: 1. Requirements in 10 Code of Federal Regulations part 33 that apply to "byproduct m…

part 37. 10 Code of Federal Regulations 37.1, 37.3, 37.5, 37.11, 37.21, 37.23, 37.25, 37.27, 37.29, 37.31, 37.33, 37.41, 37.43, 37.45, 37.47, 37.49, 37.51, 37.53, 37.55, 37.57, 37.71, 37.73, 37.75, 37.77, 37.79, 37.81, 37.101, 37.103, 37.105, and appendix A to part 37 are adopted…

This chapter establishes radiation protection standards for technologically enhanced naturally occurring radioactive material (TENORM). These standards include the possession, use, processing, manufacture, distribution, transfer, and disposal of TENORM and of products containing …

1. Except as otherwise provided, this chapter applies to any person who receives, possesses, uses, processes, transfers, distributes, or disposes of TENORM. 2. The manufacture and distribution of products containing TENORM, in which the TENORM's emitted radiation is considered be…

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 23.1-03, except: 1. "Applicant" means a person applying for a license under this chapter and includes any individual or entity that owns or controls the applicant. 2. "Beneficial …

1. Persons who receive, possess, use, process, transfer, distribute, or dispose of TENORM are exempt from the requirements of this chapter with respect to any combination of radium-226 and radium-228 if the materials contain, or are contaminated at, concentrations less than one h…

1. All licensees shall conduct operations with TENORM so that individual members of the public will not exceed one millisievert [one hundred millirem] TEDE in a year, exclusive of the dose contributions from background radiation, from all licensed or registered sources of radiati…

Each person subject to a specific or general license under this chapter shall conduct operations so that protection of workers complies with the radiation protection standards in chapters 33.1-10-04.2 and 33.1-10-10.1. History: Effective January 1, 2019. General Authority: NDCC 2…

Each general or specific licensee shall, no less than thirty days before vacating or relinquishing possession or control of premises which may have been contaminated with TENORM as a result of the licensee's activities, notify the department in writing of intent to vacate. When d…

1. Each person subject to this chapter's general and specific licensing requirements shall manage and dispose of wastes containing TENORM: 5 a. By transfer of the wastes for storage, treatment, or disposal at a facility authorized to accept wastes containing TENORM by the departm…

Purposeful dilution to render TENORM exempt shall not be performed without prior department approval. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18 7…

1. A general license is hereby issued to possess, use, transfer, distribute, or dispose of TENORM without regard to quantity, except for those activities requiring a specific license. 2. Employees or contractors under control and supervision of a general licensee may perform rout…

1. A specific license is required to manufacture and distribute any consumer or retail product containing TENORM unless the manufacture and distribution are: a. Authorized as specified by section 33.1-10-23-10; b. Licensed under the provisions of chapter 33.1-10-03.1; or c. Other…

1. Applications for specific licenses shall be in English and filed in a manner and on a form prescribed by the department. 2. The department may at any time after the filing of the original application, and before the termination of the license, require further statements in ord…

1. A license application will be approved if the department determines that: a. The applicant is qualified by reason of training and experience to use the TENORM in question for the purpose requested in accordance with article 33.1-10 in such a manner as to protect the public hea…

An applicant for a license under subsection 2 of section 33.1-10-23-13 shall demonstrate that the product is designed and will be manufactured so that: 1. In normal use and disposal of a single exempt item, and in normal handling and storage of the quantities of exempt items like…

The dose limits in this section are the doses above background from the product. 1. Column I doses are: a. For the whole body; head and trunk; active blood-forming organs; gonads; or lens of eye - fifty microsieverts [five millirem]. b. For the hands and forearms; feet and ankles…

1. Upon a determination that an application meets the requirements of article 33.1-10, the department will issue a specific license authorizing the proposed activity in such form and containing such conditions and limitations as it deems appropriate or necessary. 2. The departmen…

1. General terms and conditions. a. Each specific license issued under this chapter shall be subject to all the provisions of North Dakota Century Code chapters 23.1-02, 23.1-03, and 23.1-05, now or hereafter in effect, and to all rules and orders of the department. b. No specifi…

1. Except as provided in subsection 2 of section 33.1-10-23-19, the authority to engage in licensed activities as specified in the specific license shall expire at the end of the specified day in the month and year stated therein. Any expiration date on a specific license applies…

1. Applications for renewal of specific licenses shall be filed in accordance with section 33.1-10-23-12. 2. In any case in which a licensee, not less than thirty days prior to expiration of an existing license, has filed an application in proper form for renewal or for a new lic…

Applications for amendment of a license shall be filed in accordance with section 33.1-10-23-12 and shall specify the respects in which the licensee desires the license to be amended and the grounds for such amendment. History: Effective January 1, 2019. General Authority: NDCC 2…

In considering an application by a licensee to renew or amend the license, the department will apply the criteria set forth in section 33.1-10-23-13. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-03-03, …

1. The terms and conditions of all licenses shall be subject to amendment, revision, or modification or the license may be suspended or revoked by reason of amendments to North Dakota Century Code chapters 23-20.2, 23.1-02, 23.1-03, or 23.1-05, or by reason of rules and orders is…

Each licensee shall keep records of information important to the safe and effective reclamation of a facility in an identified location until the license is terminated by the department. If records of relevant information are maintained for other purposes, reference to these reco…

1. Any person who holds a specific license from another agreement state or licensing state, 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 hereby…

Each licensee or applicant for a specific license shall post with the department financial assurance, or security, to ensure the protection of the public health and safety and the environment in the event of abandonment, default, or other inability or unwillingness of the license…

1. Where surface contamination by both alpha and beta-gamma emitting nuclides exists, the limits established for alpha and beta-gamma emitting nuclides shall apply independently. 2. As used in this section, "disintegrations per minute" means the rate of emission by radioactive ma…

1. A licensee shall appoint a radiation safety officer, who agrees, in writing, to be responsible for implementing the radiation protection program. The licensee, through the radiation safety officer, shall ensure that radiation safety activities are being performed in accordance…

1. Except for licenses exclusive to the transport of TENORM waste, the specific licensee shall require an individual fulfilling the responsibilities of the radiation safety officer as provided in section 33.1-10-23-27 to be an individual who has completed a department approved tr…