La. Admin. Code tit. 33 § XV-331

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-331 - Specific Terms and Conditions of Licenses

A. Each license issued pursuant to this Chapter shall be subject to all the provisions of the act, now or hereafter in effect, and to all rules, regulations, and orders of the administrative authority.

B. No license issued or granted in accordance with these regulations and no right to possess or utilize radioactive material granted by any license issued pursuant to this Chapter 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 department shall, after securing full information, find that the transfer is in accordance with the provisions of the act and shall give its consent in writing.

1. An application for transfer of license shall include the identity, technical and financial qualifications of the proposed transferee, and financial assurance for decommissioning information required by this Chapter.

C. Each person licensed by the administrative authority in accordance with these regulations shall confine his use and possession of the byproduct material to the locations and purposes authorized in the license. Except as otherwise provided in the license, a license issued in accordance with these regulations shall carry with it the right to receive, acquire, own, and possess byproduct material. Preparation for shipment and transport of byproduct material shall be in accordance with the provisions of Chapter 15.

D. Each licensee shall notify the Office of Environmental Compliance in writing when the licensee decides to permanently discontinue all activities involving materials authorized under the license. This notification requirement applies to all specific licenses issued under this Chapter.

E Each licensee shall notify the Office of Environmental Compliance in writing immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11 (Bankruptcy) of the United States Code by or against:

1. the licensee;

2. an entity (as that term is defined in 11 U.S.C. 101(15) ) controlling the licensee or listing the license or licensee as property of the estate; or

3. an affiliate (as that term is defined in 11 U.S.C. 101(2) ) of the licensee.

F. The notification specified in LAC 33:XV.331.E shall indicate the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing of the petition.

G. Each licensee preparing technetium-99m radiopharmaceuticals from molybdenum-99/technetium-99m generators or rubidium-82 from strontium-82/rubidium-82 generators shall:

1. test the generator eluates for molybdenum-99 breakthrough or strontium-82 and strontium-85 contamination, respectively, in accordance with LAC 33:XV.732;

2. record the results of each test and retain each record for three years after the record is made; and

3. report the results of any test that exceeds the permissible concentration listed in LAC 33:XV.732.A at the time of generator elution, in accordance with LAC 33:XV.732.D and E.

La. Admin. Code tit. 33, § XV-331

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 18:34 (January 1992), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2571 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2527 (October 2005), LR 33:2180 (October 2007), amended by the Office of the Secretary, Legal Division, LR 40:1928 (October 2014), LR 41:2132 (October 2015), Amended LR 471854 (12/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and 2104.B.