New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter A - The Industrial Code
Part 38 - Ionizing Radiation Protection
Section 38.9 - Duration of licenses and timeliness in decommissioning
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Except as provided in section 38.10 of this Part, a license shall expire at the end of the expiration date therein stated. The filing of an application by the licensee more than 30 days prior to the expiration date for a renewal or a new and superseding license shall extend the license until the commissioner has finally acted on the application. If a licensee fails to renew his or her license, he or she must immediately cease all use of radioactive materials, transfer all radioactive materials to authorized recipient(s) and comply with the requirements of section 38.23 of this Part (rule). To terminate a license, the licensee must notify the commissioner, transfer all radioactive materials to authorized recipients and comply with the provisions of section 38.23 of this Part (rule).
(b) Each specific license revoked by the commissioner expires at the end of the day on the date of the commissioner's final determination to revoke the license, unless an alternate expiration date is stated in the determination, or is otherwise provided for in the commissioner's order.
(c) Each specific license continues in effect, beyond the expiration date if necessary, with respect to possession of radioactive material until the commissioner notifies the licensee in writing that the license is terminated. During this time, the licensee shall:
(d) Within 60 days of the occurrence of any of the following, each licensee shall provide notification to the department in writing of such occurrence, and either begin decommissioning its site, or any separate building or outdoor area that contains residual radioactivity so that the building or outdoor area is suitable for release in accordance with department requirements, or submit within 12 months of notification a decommissioning plan, if required by section 38.23(c) of this Part, and begin decommissioning upon approval of that plan if:
(e) Coincident with the notification required by subdivision (d) of this section, the licensee shall maintain in effect all decommissioning financial assurances established by the licensee pursuant to section 38.7 of this Part in conjunction with a license issuance or renewal or as required by this section. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established pursuant to section 38.23(c) of this Part.
(f) The department may grant a request to extend the time periods established in subdivision (d) of this section if the department determines that this relief is not detrimental to the public health and safety and is otherwise in the public interest. The request must be submitted no later than 30 days before notification pursuant to subdivision (d) of this section. The schedule for decommissioning set forth in subdivision (d) of this section may not commence until the department has made a determination on the request.
(g)
(h) The department may approve a request for an alternative schedule for completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate, if the department determines that the alternative is warranted by consideration of the following:
(i) As the final step in decommissioning, the licensee shall:
(j) Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the department determines that: