Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 220 - Rules Relating to Radiation Protection
Part N - REGULATION AND LICENSING OF TECHNOLOGICALLY ENHANCED NATURALLY OCCURRING RADIOACTIVE MATERIALS (TENORM)
General License
Section 144-220-N-10 - General license

Universal Citation: 10 ME Code Rules § 144-220-N-10

Current through 2024-38, September 18, 2024

A. Subject to the requirements of N.5 through N.10, a general license is hereby issued to possess, own, use, transfer, distribute or dispose of TENORM without regard to quantity.

B. This general license does not authorize the manufacturing of consumer or retail products containing TENORM in concentrations greater than those specified in N.4.A. nor the receipt and disposal of wastes from other persons.

C. Employees or contractors under control and supervision of a general licensee can perform routine maintenance on equipment, facilities, and land owned or controlled by the general licensee. Maintenance that provides a pathway for exposure different from that found in daily operations and that increases the potential for additional exposure is not considered routine maintenance. The decontamination of equipment, facilities, and land shall be performed only by persons specifically licensed by the Agency or another Licensing State to conduct such work.

D. Any person subject to the general license issued by section.10.A. shall notify the Agency within 60 days of the effective date of this Part or of becoming subject to the general license. Such notification shall include:

(1) Name and address of the licensee;

(2) Location and description of the facility or operation;

(3) Description of the TENORM including estimates of the amount and extent of TENORM.

E. Transfer of material, equipment or real property.

(1) The transfer of TENORM not exempt from this rule from one general licensee to another general licensee is authorized if:

(a) The equipment and facilities contaminated with TENORM are to be used by the recipient for a similar purpose, provided a dose in excess of N.5.A. is not exceeded; or

(b) The transfer of control or ownership of land contaminated with TENORM includes an annotation of the deed records and/or notice to owners of surface and mineral rights to indicate the presence of TENORM.

(2) Transfers not made in accordance with N.10.E.(1) require prior approval by the Agency.

(3) For transfers made under N.10.E.(1), the general licensee who makes the transfer shall assess the extent of TENORM contamination or material present, inform the general licensee receiving the TENORM of these assessments prior to such transfer, and maintain records required by this rule.

(4) A general licensee intending to transfer material or real property for unrestricted use shall document compliance with the requirements of N.7 of this regulation. Records of such compliance shall be kept until the registration is terminated with this Agency.

(5) For transfers not made in accordance with N.10.E.(1), prior written approval by the Agency is required. To obtain Agency approval, the transferor shall submit information that demonstrates compliance with N.7. Records of such compliance shall be maintained as specified in Part D.

F. Distribution of TENORM products between general licensees. The distribution of TENORM products not exempt from this rule from one general licensee to another general licensee is authorized provided the product is accompanied by written disclosure of the type and amount of TENORM.

G. The Agency may, by written notice, require any person authorized by a general licensee to apply for and obtain a specific license if the Agency determines that specific licensure is necessary to ensure that exposures do not exceed the criteria. The notice shall state the reason or reasons for requiring a specific license.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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