N.J. Admin. Code § 7:28-64.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:28-64.2 - Schedule of fees

(a) Except as set forth in (b) and (c) below, this section incorporates by reference the table in 10 CFR 171.16 entitled "Schedule of materials annual fees and fees for government agencies licensed by NRC."

(b) The Department does not regulate nuclear reactors, special nuclear materials in quantities sufficient to form a critical mass, high-level waste disposal facilities, or byproduct material defined in Section 11e(2) of the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2014).

(c) Insofar as the incorporated rules refer to the facilities and/or materials in (b) above, they do not apply. The following provisions of the table identified in (a) above are incorporated by reference with the specified changes:

1. In every instance, replace "§" or "§§" with "10 CFR";

2. Delete column 2, labeled "Annual fees";

3. Delete row labeled 2.A.(5);

4. Row labeled 3.A, replace "parts 30 and 33 of this chapter" with "N.J.A.C. 7:28-51 and 54";

5. Row labeled 3.B., replace "part 30 of this chapter" with "N.J.A.C. 7:28-51

6. Row labeled 3.C., delete "of this chapter," replace "part 40 of this chapter" with "N.J.A.C. 7:28-58,"; and delete "This category does not apply to licenses issued to nonprofit educational institutions whose processing or manufacturing is exempt under 171.11(a)(1). The licenses are covered by fee under Category 3.D.";

7. Row labeled 3.D., delete "of this chapter," replace "part 40 of this chapter" with "N.J.A.C. 7:28-58," delete "This category includes licenses issued under §§ 32.72 and/or 32.74 of this chapter to nonprofit educational institutions whose processing or manufacturing is exempt under § 171.11(a)(1).," and replace "part 40 of this chapter" with "N.J.A.C. 7:28-58";

8. Row labeled 3.H., delete "of this chapter" after "Subpart A of part 32," and replace both instances of "part 30 of this chapter" with "N.J.A.C. 7:28-51;

9. Row labeled 3.I., delete "of this chapter" after "Subpart A of part 32," and replace both instances of "part 30 of this chapter" with "N.J.A.C. 7:28-51";

10. Row labeled 3.J., replace "Subpart B of part 32 of this chapter" with "Subpart B of 10 CFR part 32 " and replace "part 31 of this chapter" with "N.J.A.C. 7:28-52";

11. Row labeled 3.K., replace "Subpart B of part 32 of this chapter" with "Subpart B of 10 CFR part 32 ," and replace "part 31 of this chapter" with "N.J.A.C. 7:28-52";

12. Row labeled 3.L., replace "parts 30 and 33 of this chapter" with "N.J.A.C. 7:28-51 and 54";

13. Row labeled 3.M., replace "part 30 of this chapter" with "N.J.A.C. 7:28-51

14. Row labeled 3.O., replace "part 34 of this chapter" with "N.J.A.C. 7:28-63" and replace "part 40 of this chapter" with "N.J.A.C. 7:28-58

15. Row labeled 3.Q., replace "part 31 of this chapter" with N.J.A.C. 7:28-52";

16. Row labeled 7.A., replace "parts 30, 35, 40, and 70 of this chapter" with "N.J.A.C. 7:28-51 55, 58, and 60";

17. Row labeled 7.B., replace "parts 30, 33, 35, 40, and 70" with "N.J.A.C. 7:28-51 54, 55, 58, and 60";

18. Row labeled 7.C., replace "parts 30, 35, 40, and 70 of this chapter" with "N.J.A.C. 7:28-51 55, 58, and 60"; and

19. Row labeled 14.A., replace "parts 30, 40, 70, 72, and 76 of this chapter" with "N.J.A.C. 7:28-51 58, and 60."

(d) Fees for source, byproduct, and certain special nuclear materials are established in Table 1, Schedule of Source, Special Nuclear, and Byproduct Material Annual Fees, and are matched to the NRC categories, incorporated by reference in (a) and (b) above.

(e) Other specified fees, including fees for diffuse NARM, are established in Table 2, Schedule of Radioactive Materials Annual Fees.

(f) If, by amendment or otherwise, a license changes to another fee category, the fee for the new category will take effect on the anniversary date of the license.

(g) The fee for any category for which a fee is not provided at Table 1 below shall be calculated in accordance with N.J.A.C. 7:28-64.3(d) and 64.4(d).

(h) For a fee identified as "full cost" in Table 1 or 2 below, the licensee shall pay the Department's actual costs associated with the activity, which costs include, but are not limited to, labor (including fringe and indirect costs), transportation, per diem, materials, legal fees, and monitoring costs, as applicable.

Table 1

Schedule of Source, Special Nuclear, and Byproduct Material Annual Fees

FEE CATEGORY	LICENSE TYPE	ANNUAL FEE ($)
1.	Special Nuclear Material
A-B.	(Reserved.)
C.	Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers	2,180
D.	All other special nuclear material except a) licenses authorizing special nuclear material in unsealed form in combination that would constitute a critical quantity, as defined at N.J.A.C. 7:28-62; b) U-235 or plutonium for fuel fabrication activities; c) spent fuel and reactor-related greater than Class C (GTCC) waste at an independent spent fuel storage installation (ISFSI); d) special nuclear material in sealed sources contained in devices used in industrial measuring systems, including x-ray fluorescence analyzers; or e) licenses or certificates for the operation of a uranium enrichment facility.	5,590
E.	(Reserved)
2.	Source Material
A.	(Reserved.)
B	Licenses that authorize only the possession, use, and/or installation of source material for shielding, or licenses that authorize possession, storage, and use of reference sources containing source material for calibration, proficiency testing, quality assurance, and/or in the manufacturing of exempt devices.	750
C.	All other source material licenses	12,845
3.	Byproduct material
A.	Licenses of broad scope for possession and use of byproduct material issued pursuant to N.J.A.C. 7:28-51 and 54 for processing or manufacturing of items containing byproduct material for commercial distribution.	28,240
B.	Other licenses for possession and use of byproduct material issued pursuant to N.J.A.C. 7:28-51 for processing or manufacturing of items containing byproduct material for commercial distribution. This category also includes licenses for repair, assembly, and disassembly of products containing radium-226.	8,150
C.	Licenses issued pursuant to N.J.A.C. 7:28-53 authorizing the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing byproduct material. This category also includes the possession and use of source material for shielding authorized pursuant to N.J.A.C. 7:28-58 when included on the same license.	11,570
D.	(Reserved.)
E.	Licenses for possession and use of byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units).	3,920
F.	Licenses for possession and use of less than 10,000 curies of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes.	7,645
G.	Licenses for possession and use of 10,000 curies or more of byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes.	30,215
H.	Licenses issued pursuant to N.J.A.C. 7:28-53 (Subpart A of 10 CFR 32 ) to distribute items containing byproduct material that require device review to persons exempt from the licensing requirements at N.J.A.C. 7:28-51 ( 10 CFR 30), except specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements at N.J.A.C. 7:28-51.	12,110
I.	Licenses issued pursuant to N.J.A.C. 7:28-53 (Subpart A of 10 CFR 32) to distribute items containing byproduct material or quantities of byproduct material that do not require device evaluation to persons exempt from the licensing requirements at N.J.A.C. 7:28-51, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from the licensing requirements at N.J.A.C. 7:28-51.	11,415
J.	Licenses issued pursuant to N.J.A.C. 7:28-53 to distribute items containing byproduct material that require sealed source and/or device review to persons generally licensed pursuant to N.J.A.C. 7:28-52, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed pursuant to N.J.A.C. 7:28-52.	2,355
K.	Licenses issued pursuant to N.J.A.C. 7:28-53 to distribute items containing byproduct material or quantities of byproduct material that do not require sealed source and/or device review to persons generally licensed pursuant to N.J.A.C. 7:28-52, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed pursuant to N.J.A.C. 7:28-52.	1,760
L.	Licenses of broad scope for possession and use of byproduct material issued pursuant to N.J.A.C. 7:28-51 and 54 for research and development that do not authorize commercial distribution.	14,385
M.	Other licenses for possession and use of byproduct material issued pursuant to N.J.A.C. 7:28-51 for research and development that do not authorize commercial distribution.	5,495
N.	Licenses that authorize services for other licensees, except: Licenses that authorize only calibration and/or leak testing services are subject to the fees specified at fee Category 3.P.	8,150
O.	Licenses for possession and use of byproduct material issued pursuant to N.J.A.C. 7:28-63 for industrial radiography operations. This category also includes the possession and use of source material for shielding authorized pursuant to N.J.A.C. 7:28-58 when authorized on the same license.	13,825
P.	All other specific byproduct material licenses, except those at Categories 4.A through 9.D.	2,655
Q.	(Reserved.)
R.	Possession of items or products containing radium-226 identified at N.J.A.C. 7:2852 which exceed the number of items or limits specified in that section. (Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this category. This exception does not apply if the radium sources are possessed for storage only.)
1.	Possession of quantities exceeding the number of items or limits at N.J.A.C. 7:2852, but less than or equal to 10 times the number of items or limits specified.	2,055
2.	Possession of quantities exceeding 10 times the number of items or limits specified at N.J.A.C. 7:28-52.	2,655
S.	Licenses for production of accelerator-produced radionuclides.	10,590
4.	Waste Processing
A.	(Reserved.)
B.	Licenses specifically authorizing the receipt of waste byproduct material, source material, or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.	11,780
C.	Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.	9,380
5.	Well Logging
A.	Licenses for possession and use of byproduct material, source material, and/or special nuclear material for well logging, well surveys, and tracer studies other than field flooding tracer studies.	4,210
B.	(Reserved.)
6.	Nuclear Laundry
A.	(Reserved.)
7.	Medical
A.	Licenses issued pursuant to N.J.A.C. 7:28-51, 55, 58, and 60 for human use of byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license.	13,240
B.	Licenses of broad scope issued to medical institutions or two or more physicians pursuant to N.J.A.C. 7:28-51, 55, 58, and 60 authorizing research and development, including human use of byproduct material except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Separate fees will not be assessed for pacemaker licenses issued to medical institutions who also hold nuclear medicine licenses pursuant to Category 7.B. or 7.C.	28,265
C.	Other licenses issued pursuant to N.J.A.C. 7:28-51, 55, 58, and 60 for human use of byproduct material, source material, and/or special nuclear material except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Separate fees will not be assessed for pacemaker licenses issued to medical institutions who also hold nuclear medicine licenses pursuant to Category 7.B. or 7.C.	4,705
8.	Civil Defense
A.	Licenses for possession and use of byproduct material, source material, or special nuclear material for civil defense activities.	2,110
9.-13.	(Reserved.)
14.	Decommissioning/Reclamation
A.	Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities pursuant to N.J.A.C. 7:28-51, 58, and 60.	Full Cost
B.	Site-specific decommissioning activities associated with unlicensed sites, whether or not the sites have been previously licensed.	Full Cost
15.	(Reserved.)
16.	Reciprocity
	Reciprocal recognition of an out-of-State license for a period of less than 180 days.	50 percent of annual fee of applicable category, rounded to the nearest $5.00.
17.-18.	(Reserved.)

Table 2

Schedule of Radioactive Materials Annual Fees

FEE CATEGORY	LICENSE TYPE	ANNUAL FEE ($)
1.	Water Treatment Facilities as defined at N.J.A.C. 7:10-3.6
A.	Very Small Community Water Systems	395
B.	Small Community Water Systems	1,135
C.	Medium Community Water Systems	1,630
D.	Large Community Water Systems	3,265
E.	Non-Transient Non-Community Water Systems treating 1,000 gallons per day or less, with accumulated activity of radium greater than or equal to 10 #[micro]#Ci.	265
F.	Non-Transient Non-Community Water Systems treating more than 1,000 gallons per day, with accumulated activity of radium greater than or equal to 10 #[micro]#Ci.	Non-Transient Non-Community Water Systems treating 1,000 gallons per day or less, with accumulated activity of radium greater than or equal to 10 #[micro]#Ci.
2.	Amendments
A.	Request to amend a license requiring no license review including, but not limited to, facility name change or removal of a previously authorized user.	0
B.	Request to amend a license requiring review including, but not limited to, addition of isotopes, procedure changes, new authorized users, or a new radiation safety officer.	260
C.	Request to amend a license requiring technical review whether or not a site visit is also required. This includes, but is not limited to, a facility move or the addition of a process.	505
3.	Inspections
A.	Routine	0
B.	Non-routine Reinspection	Full Cost
C.	Pre-licensing	505
D.	Reciprocity	505
E.	Inspection as a result of an incident	Full Cost
4.	Additional Use Sites (Noncontiguous)
A.	Non-profit educational institutions	25 percent of appropriate fee
B.	Medical Private Practices	50 percent of appropriate fee
5.	Devices under a General License Requiring Registration	460
6.	General License Registration for Community or NonCommunity Water Treatment Systems	265
7.	Diffuse NARM License	3,265
8.	X-ray fluorescence devices
A.	A government body, department, agency, authority, or any other unit of any state, Federal, county, or local government using an X-ray fluorescence device	265
B.	All others	1,325

N.J. Admin. Code § 7:28-64.2

Amended by 46 N.J.R. 768(a), effective 5/5/2014.

Administrative Change, 50 N.J.R. 1810(a).

Administrative Change, 51 N.J.R. 1205(a).

Amended by 52 N.J.R. 1267(a), effective 6/15/2020

Administrative Change, 53 N.J.R. 1225(a), effective 6/24/2021.

Administrative Change, 54 N.J.R. 1388(a), effective 6/23/2022

Administrative Change, 55 N.J.R. 1827(a), effective 7/18/2023

Administrative Change, 56 N.J.R. 1713(a), effective 7/16/2024