N.J. Admin. Code § 7:28-48.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:28-48.8 - Sale of a nonionizing radiation producing source or transfer of a controlling interest; termination of registration upon sale of nonionizing radiation producing source or upon transfer of controlling interest

(a) A person who sells or otherwise transfers either a nonionizing radiation producing source, or a controlling interest in the owner of such a source, shall notify the Department in writing at least 30 calendar days before the sale or transfer occurs. The transferor shall include the following information in the notice:

1. The name and address of the transferee; and

2. The date of the proposed sale or transfer.

(b) Unless the procedures set forth in either (c) or (d) below are followed, the registration of a nonionizing radiation producing source shall terminate upon the sale of the source or upon the transfer of a controlling interest in the person who owns the source.

(c) The registration of a nonionizing radiation producing source shall not terminate upon the sale of the source or upon the transfer of a controlling interest under (b) above, and shall be transferred to the transferee, if the transferee certifies to the Department in writing that it will assume all of the transferor's liabilities in connection with:

1. Any deficiencies in the operation of source that would result in a violation of any of the provisions of N.J.A.C. 7:28-42; and

2. All penalties arising in connection with the source from occurrences or circumstances existing before the date of the sale or transfer.

(d) The registration of a nonionizing radiation producing source shall not terminate upon the sale of the source or upon the transfer of a controlling interest under (b) above, if the transferor takes the actions required of the transferor under the following procedure:

1. The transferor shall notify the Department in writing of the proposed sale or transfer, prior to the sale or transfer in accordance with (a) above;

2. The Department may, in its discretion, perform an onsite audit of the nonionizing radiation producing source. If the Department performs such an audit, it shall be completed within 90 calendar days after receipt of notice under (d)1 above;

3. Within 45 calendar days after the deadline for completion of the audit in (d)2 above, based on the audit and/or a review of Department records, the Department shall either:

i. Issue to the transferor a notice stating that there are no deficiencies in the operations of the nonionizing radiation producing source and that no violations exist; or

ii. Issue to the transferor a report of all deficiencies and one or more notices of prosecutions or administrative orders; and

4. The transferor corrects all deficiencies and pays all the penalties noted in (d)3 above.

(e) If the registration of a nonionizing radiation producing source continues pursuant to the procedures set forth in either (c) or (d) above, the transferee shall operate its nonionizing radiation producing source in compliance with this subchapter and all applicable provisions of this chapter.

(f) If the registration of a nonionizing radiation producing source terminates pursuant to (b) above, the transferee shall submit an initial registration form and the appropriate initial registration fee within 30 calendar days after it takes possession of the nonionizing radiation producing source or assumes a controlling interest in the owner of such a source, unless it is the intent of the transferee to dispose of the source. If the transferee operates the nonionizing radiation producing source before it submits the completed initial registration form, the transferee shall be in violation of N.J.A.C. 7:28-48.3.

N.J. Admin. Code § 7:28-48.8