N.D. Admin. Code 33.1-10-11-04

Current through Supplement No. 394, October, 2024

Section 33.1-10-11-04 - Payment of fees

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 to the appropriate annual fee.

2.Amendment fees. The amendment fee given in appendix A category 24 shall accompany the application for amendment when filed with the department.

3.Reciprocity fee. The appropriate reciprocity fee shall accompany the written notification as required in chapters 33.1-10-03.1 and 33.1-10-02.

4.Special project fees. Fees for special projects are payable upon notification by the department when the review of the project is completed. Special projects mean those projects submitted to the department for review and for which specific fees are not prescribed in this chapter. Special project fees will be based upon the current professional staff hourly rate (thirty-three percent of the current nuclear regulatory commission rate listed in 10 CFR 170).

5.Annual fees. Annual fees are required to be paid by all radioactive material licensees no later than January first of each year the license is active, except that the annual fee due on January first of the year following the issuance of a new license shall be prorated to the number of months the license was in effect the first calendar year (example: for a new license issued in May the annual fee due January first would be seven-twelfths [June-December] of the annual fee listed in appendix A).

6.Inspection and survey fees. Fees for regulatory inspections and surveys of North Dakota licensees are included in the registration or annual fees for each registration or license type. Nonroutine inspections will require the nonroutine inspection fee to be paid upon notification by the department when the inspection has been completed.

7.Annual fees for small entities. If a licensee qualifies as a small entity and provides the department with the proper certification, the small entity fee of sixty percent of the applicable annual fee listed in appendix A shall be paid.

a. "Small business" means a business entity, including its affiliates, which:

(1) Is independently owned and operated; and

(2) Employs fewer than twenty-five full-time employees or has gross annual sales of less than two million five hundred thousand dollars;

b. "Small entity" includes small business, small organization, and small political subdivision;

c. "Small organization" means any not-for-profit enterprise that is independently owned and operated and is not dominant in its field;

d. "Small political subdivision" means a political subdivision with a population of less than five thousand;

e. A licensee who seeks to establish status as a small entity for purposes of paying the fees required under this chapter shall file a certification statement with the department. The licensee shall:

(1) Certify, on the business's letterhead, that the business meets the conditions in this subsection;

(2) Sign the certification as the chief executive officer of the business or as an official designee; and

(3) Have the certification notarized.

f. A licensee who seeks to qualify as a small entity shall submit the certification with the reduced annual fee payment; and

g. For purposes of this chapter, the licensee shall submit a new certification with its annual fee payment each year.

8.Method of payment. Fee payments shall be by check, draft, or money order made payable to the department of environmental quality.

9.Submittal of application and fee payment. The application for licensure or registration shall be accompanied by the fee payment and shall be submitted to:

Department of Environmental Quality

Division of Waste Management

4201 Normandy Street, Second Floor

Bismarck, ND 58503-1324

N.D. Admin Code 33.1-10-11-04

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.

General Authority: NDCC 23.1-03-04, 23.1-03-09; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-03-04, 23.1-03-09; S.L. 2017, ch. 199, § 18