Md. Code Regs. 26.12.03.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.12.03.02 - Fee Required

A. Exemptions. This regulation does not apply to persons using the following sources of radiation:

(1) Radiation machines exempted from registration by the Department according to §B.3 of Regulations for the Control of Ionizing Radiation (1994), which is incorporated by reference in COMAR 26.12.01.01;

(2) Radioactive materials that are not subject to licensing by Part C of Regulations for the Control of Ionizing Radiation (1994), which is incorporated by reference in COMAR 26.12.01.01;

(3) Radiation machines located at a school of dentistry accredited by the Commission on Dental Accreditation of the American Dental Association; and

(4) Temporary dental clinics that:

(a) Hold a permit under Health Occupations Article, Title 4, Annotated Code of Maryland;

(b) Provide all services on a pro bono basis; and

(c) Operate fewer than 100 hours per year.

B. The Agency may, upon application or upon its own initiative, grant other exemptions or exceptions from the requirements of this chapter that it determines are authorized by law.

C. Past Due Fees for Unregistered Facilities. A person submitting an application for registration of a radiation machine or machines in an unregistered facility shall remit a past due fee for each machine at the facility for each year the facility was in operation without having been registered in accordance with §B.5 of Regulations for the Control of Ionizing Radiation (1994). The fee is based on the schedule in Regulation .03A of this chapter.

D. Biennial Fees for Radiation Machine Facilities. Except for dental facilities, which must pay annually, each radiation machine facility shall pay to the Department a biennial fee for each radiation machine in that facility based on the fee schedule in Regulation .03B of this chapter. The fee shall be paid on or before the first day of the month in which the anniversary of the registration date occurs. The Department shall collect the biennial fee in two equal annual installments.

E. Annual Fees for Licenses to Possess or Use Radioactive Materials. A person with a license to possess or use radioactive material shall pay to the Department an annual licensing fee in accordance with the fee schedule set forth in Regulation .03C of this chapter. The fee shall be paid on or before the first day of the month in which the anniversary of the license date occurs.

F. Radioactive Material License Reciprocity Fee. A person granted a general license to conduct an activity under the authority of §C.90 of Regulations for the Control of Ionizing Radiation (1994) shall remit a fee equal to the amount shown in Regulation .03C of this chapter. The fee shall be received by the Department before the person may conduct any activity covered by the license during the 180-day period in which the general license is effective.

G. All fees shall be:

(1) Payable to the Maryland Department of the Environment Radiation Control Fund;

(2) Accompanied by required documents provided by the Department; and

(3) Applied to the year following the date payment of the fee is due.

H. Dental Radiation Machine Fees.

(1) The annual fee for dental radiation machines shall be $60 per tube, as shown in Regulation .03, Table 2, beginning July 1, 2002.

(2) The annual fee for dental radiation machines shall be $70 per tube beginning June 30, 2004.

(3) The annual fee for dental radiation machines shall be $80 per tube during the period from July 1, 2006 through June 30, 2010. The annual fee for dental radiation machines shall remain at $80 per tube after June 30, 2010, unless altered by the General Assembly.

I. Sealed Source and Device Registration Fees.

(1) Each holder of a Maryland-issued sealed source and device registration sheet shall pay an annual fee in accordance with Regulation .03D of this chapter as adjusted each year in accordance with the Consumer Price Index as provided in Regulation .04 of this chapter. This fee shall be paid on or before the first day of the month of the initial issuance date of the registration sheet or sheets.

(2) Application fees for evaluating requests for new or modified in entirety sealed source and device registration sheets shall be in accordance with Regulation .03D of this chapter as adjusted each year in accordance with the Consumer Price Index as provided in Regulation .04 of this chapter and shall be paid upon application.

J. Annual General License Fees. Each person as defined in §A.2 of the Regulations for the Control of Ionizing Radiation who possesses radioactive material under the provisions of a general license in §C.22(a), (d), and (e) of COMAR 26.12.01.01 shall pay a calendar year 2016 base annual fee of $50 as adjusted each calendar year in accordance with the Consumer Price Index as provided in Regulation .04 of this chapter.

Md. Code Regs. 26.12.03.02

Regulation .02C amended effective February 15, 1993 (20:3 Md. R. 261)
Regulations .02 adopted effective January 26, 1998 (25:2 Md. R. 81)
Regulation .02 amended effective March 29, 2004 (31:6 Md. R. 511)
Regulation .02I amended effective March 21, 2011 (38:6 Md. R. 397)
Regulation .02 amended 41:17 Md. R. 971, eff. 1/1/2015 ; amended effective 43:17 Md. R. 959, eff. 8/29/2016