Section 144-220-N-17 - Conditions of specific licenses issued under N.13A. General Terms and Conditions (1) Each specific license issued pursuant to this Part shall be subject to all the provisions of Title 22 MRS, Maine Radiation Protection Statutes, now or hereafter in effect, and to all rules, regulations, and orders of the Agency.(2) No specific license issued or granted under this Part and no right to possess or utilize TENORM granted by any license issued pursuant to this Part shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the Agency shall, after securing full information, find that the transfer is in accordance with the provisions of the Title 22 MRS, Maine Radiation Protection Statutes, and shall give its consent in writing.(3) Each person specifically licensed by the Agency pursuant to this Part shall confine use and possession of the TENORM licensed to the locations and purposes authorized in the specific license.(4) Each person specifically licensed by the Agency pursuant to this Part is subject to the general license provisions of N.5 through N.8.(5) Notification of Bankruptcy: (a) Each licensee shall notify the Agency, in writing, (Radiation Control Program, Maine Center for Disease Control and Prevention, Department of Health and Human Services, 11 State House Station, Augusta ME, 04333-0011) immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapters of Title II (Bankruptcy) of the United States Code (11 U.S.C.) by or against: (ii) An entity, as defined in 11 U.S.C. 101(15), controlling a licensee or listing the license or licensee as property of the estate; or(iii) An affiliate, as defined in 11 U.S.C. 101(2), of the licensee. This notification shall indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition.(6) Each licensee shall notify the Agency in writing and receive approval prior to commencing activities to reclaim the licensed facility.(7) Notification of Site or Area Closure. When a licensee has permanently ceased use of radioactive materials at a site or portion of a facility and the licensee has not decontaminated the area, or when an area has not been used for a period of two years, the licensee shall, within 60 days, provide the following information in writing to the Agency: (a) The location of the site or area;(b) The plan for reclaiming or decontaminating the site or area; and(c) An evaluation of any changes to the financial assurance submitted in accordance with N.26.(8) Temporary Jobsites5(a) When temporary jobsites are authorized on a specific license, TENORM may be used at temporary jobsites throughout the State of Maine in accordance with N.25 in areas not under exclusive federal jurisdiction.(b) Before TENORM can be used at a temporary jobsite at any federal facility within the State of Maine, the jurisdictional status of the jobsite shall be determined as it pertains to the TENORM. Authorization for use of TENORM at jobsites under exclusive federal jurisdiction shall be obtained from the federal agency with jurisdiction for TENORM at the temporary jobsite.B. Quality control, labeling, and reports of transfer. Each person licensed under N.13.C. shall: (1) Carry out adequate control procedures in the manufacture of the product to assure that each production lot meets the quality control standards approved by the Agency;(2) Label or mark each unit so that the manufacturer, processor, producer, or initial transferor of the material or product and the TENORM in the product can be identified; and(3) Maintain records. By identifying, by name and address, each person to whom TENORM is transferred for use under N.4.B. or the equivalent regulations of another Licensing State, and stating the kinds, quantities, and uses of TENORM transferred. An annual summary report stating the total quantity of each radionuclide transferred under the specific license shall be filed with the Agency. Each report shall cover the year ending December 31, and shall be filed within 90 days thereafter. If no transfers of TENORM have been made pursuant to N.13.C. during the reporting period, the report shall so indicate. 5 Authorization for use of TENORM at jobsites under exclusive federal jurisdiction must be obtained from the federal agency having jurisdiction of the property. Also, specific licenses issued by the Agency do not authorize activities in other states or in areas of exclusive federal jurisdiction in this state or in any other state. Before radioactive materials can be used at a temporary jobsite in another state or an area of exclusive federal jurisdiction, a license must be obtained from the appropriate state or federal agency.
10-144 C.M.R. ch. 220, § N-17