Wis. Admin. Code DHS § DHS 157.10

Current through October 28, 2024

Section DHS 157.10 - License types and fees

(1) TYPES OF LICENSES. A license for radioactive materials may be one of the following:

(a)General. A general license is effective without the filing of an application with the department or the issuance by the department of licensing documents to the particular person, although the filing of a certificate with the department may be required by the particular general license. The general licensee is subject to all other applicable parts of this chapter and any limitations of the general license.

(b)Specific. A specific license requires the submission of an application to the department and the issuance of a licensing document by the department. A licensee is subject to all applicable parts of this chapter as well as any limitations specified in the licensing document. A licensee shall pay the license fees as specified in sub. (3).

(2) PAYMENT OF FEES.

(a)Application fee. An application for a specific license shall be accompanied by payment in the full amount of the fee specified in sub. (3). The department may not process the application prior to receipt of the required fee. The application fee is not refundable except in those cases where the department determines that a license is not required. The department will consider any application abandoned if the department does not receive a reply within 90 days of its most recent request for additional information. In such cases, the applicant shall submit a new application with the application fee specified in sub. (3).

(b)Annual fee. A person holding a specific license in effect prior to the effective date of August 1, 2002, or a specific license issued after the effective date of August 1, 2002, shall pay the annual fee specified in sub. (3) at least 60 days prior to the anniversary date of the issuance of the license. The annual fee is not refundable except in those cases where the department determines that the fee is not required.

(c)Amendment fee. An application for amendment to a specific license shall be accompanied by payment in full of the fee specified in sub. (3). The department may not process the application prior to the department's receipt of the required fee. The department may not charge an amendment fee to modify a license on its own initiative.

(d)Reciprocity fee. A person submitting an application for reciprocal recognition of a materials license issued by an agreement state or the nuclear regulatory commission shall include remittance for the full amount of the fee specified in sub. (3). The department may not process the application prior to the department's receipt of the appropriate fee. Requests for reciprocal recognition approved by the department prior to November 1 shall remain in effect until December 31 of that year. Requests for reciprocal recognition approved on or after November 1 shall remain in effect until December 31 of the subsequent year.

(3) FEE SCHEDULE. The following is the schedule of application, annual, amendment, and reciprocity fees for specific radioactive material licenses.

Category	License Type	Application & Annual Fee
1.	Special Nuclear Material
A.	License for possession and use of SNM in sealed sources contained in devices used in measuring systems	$1,000
B.	License for use of SNM to be used as calibration and reference sources	$300
C.	SNM - all other, except license authorizing special nuclear material in unsealed form that would constitute a critical mass [Fee waived if facility holds additional license category]	$1,500
2.	Source Material
A.	Source material processing and distribution	$4,000
B.	Source material in shielding [Fee waived if facility holds additional license category]	$400
C.	Source material - all other, excluding depleted uranium used as shielding or counterweights	$3,000
3.	Byproduct, NARM
A.	License of broad scope for processing or manufacturing of items for commercial distribution	$20,000
B.	License for processing or manufacturing and commercial distribution of radiopharmaceuticals, generators, reagent kits and sources or devices	$12,000
C.	License for commercial distribution or redistribution of radiophar-maceuticals, generators, reagent kits and sources or devices	$3,000
D.	Other licenses for processing or manufacturing of items for commercial distribution	$4,000
E.	License for industrial radiography operations performed only in a shielded radiography installation	$3,000
F.	License for industrial radiography performed only at the address indicated on the license, and at temporary job sites	$5,000
G.	License for possession and use of less than 370 TBq (10,000 curies) of radioactive material in sealed sources for irradiation of materials where the source is not removed from the shield [Fee waived if facility holds additional irradiator license category]	$2,000
H.	License for possession and use of less than 370 TBq (10,000 curies) of radioactive material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes. The category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation	$3,000
I.	License for possession and use of at least 370 TBq (10,000 curies) and less than 3.7 PBq (100,000 curies)of radioactive material in sealed sources for irradiation of materials	$5,000
J.	License for possession and use of 3.7 PBq (100,000 curies) or more of radioactive material in sealed sources for irradiation of materials	$12,000
K.	License to distribute items containing radioactive materials to persons under a general license	$2,000
L.	License to possess radioactive materials intended for distribution to persons exempt from licensing	$2,500
M.	License of broad scope for research and development that does not authorize commercial distribution	$6,000
N.	Other licenses for research and development that do not authorize commercial distribution	$1,800
O.	License for installation, repair, maintenance leak testing or other service of devices or items containing radioactive material, or to perform services for other persons, including testing of sealed sources for leakage or contamination, instrument calibration, and sample analysis, excluding waste transportation or broker services	$1,800
P.	License for portable gauges, including industrial Lixiscope ®	$1,400
Q.	License for portable x-ray fluorescence analyzer calibration flood source, dewpointer or gas chromatograph	$200
R.	All other byproduct, naturally - occurring or accelerator- produced material licenses, except as otherwise noted	$2,000
4.	Waste Processing
A.	Commercial waste treatment facilities, including incineration	$200,000
B.	All other commercial facilities involving waste compaction, repackaging, storage or transfer	$25,000
C.	Waste processing - all other, including decontamination service	$5,000
5.	Well Logging
A.	License for well logging using sealed sources or sub - surface tracer studies	$4,000
B.	License for well logging using sealed sources and sub - surface tracer studies	$5,000
6.	Nuclear Laundry
A.	License for commercial collection and laundry of items contaminated with radioactive material	$16,000
7.	Medical/Veterinary
A.	License for human use of byproduct, source, special nuclear or NARM material in sealed sources contained in teletherapy or stereotactic radiosurgery devices, including mobile therapy	$12,000
B.	License of broad scope for human use of byproduct, source, special nuclear or NARM materials used in medical diagnosis, treatment, research and development, excluding teletherapy, or stereo-tactic radiosurgery devices	$20,000
C.	License for mobile nuclear medicine	$2,500
D.	Medical - all others, including SNM pacemakers and high dose rate remote afterloading devices	$5,000
E.	License for veterinary use of radioactive materials	$2,000
8.	Academic
A.	License for possession and use of byproduct, naturally-occurring or accelerator produced radioactive material for educational use or academic research and development that does not authorize commercial distribution, excluding broad scope or human use licenses, with a combined possession limit of 12 isotopes and 37 GBq (1 curie) total activity	$1,000
9.	Accelerator
A.	License for accelerator production of radioiso-topes with commercial distribution	$4,000
B.	Accelerator isotope production - all other [Fee waived if facility holds medical broad scope license with no commercial distribution]	$2,000
10.	Reciprocity
A.	Reciprocal recognition of an out-of-state specific license	50% of annual fee of applicable category
11.	Amendments
A.	Request to amend specific license - no license review	$0
Note: Examples include spelling corrections and adding or removing previously authorized users.
B.	Request to amend specific license - license review required	$200
Note: Examples include new isotopes, license termination not requiring a site visit and procedural changes.
C.	Request to amend specific license - license review and site visit required	$400
Note: Examples include a facility move, license termination requiring a site visit and new processes.
12.	Multiple Sites
A.	Each noncontiguous loca- tion listed on a license above two where licensed material is used or stored. Temporary job sites and broad scope licensees are exempt from this fee cat- egory	25% of annual fee of applicable category authorized at the site

Wis. Admin. Code Department of Health Services DHS 157.10

CR 01-108: cr. Register July 2002 No. 559, eff. - see Note at the start of the chapter; CR 06-021: am. (3) Register October 2006 No. 610, eff. 11-1-06.

Amended by, CR 16-078: r. and recr. (3) Register January 2018 No. 745, eff. 2/1/2018

Amended by, CR 22-015: am. (3) (table) Register June 2023 No. 810, eff. 7/1/2023

Examples include a facility move, license termination requiring a site visit and new processes.