Each specific licensee or registrant shall, no less than thirty days before vacating or relinquishing possession or control of premises which may have been contaminated with radioactive material as a result of the licensee's or registrant's activities, notify the department in writing of intent to vacate. When deemed necessary by the department, the licensee shall decontaminate the premises in accordance with the following or in such other manner as the department may specify.
1.Premises. Each licensee before vacating any premise, or transferring the premise, shall permanently decontaminate such premises to meet the criteria for decommissioning in 10 CFR part 20, subpart E as adopted by this chapter. A survey shall be made after such decontamination and the department and the landlord or subsequent tenant or transferee shall be provided with a copy of such survey no less than thirty days before vacating or relinquishing possession or control of premises. No such premise may be vacated, sold, or transferred until the decontamination survey has been verified and accepted by the department. For naturally occurring radioactive materials (NORM) and technologically enhanced naturally occurring radioactive materials (TENORM), decontamination shall meet the standards found in table 4.2-07.1.2.Equipment. No machinery, instruments, laboratory equipment, or any other property used in contact with, or close proximity to, NORM or TENORM, or both, at a licensed premise may be assigned, sold, leased, or transferred to an unlicensed person unless such property has been permanently decontaminated below or equal to the standards specified in 10 CFR part 20, subpart E as adopted by this chapter. A survey shall be made after such decontamination and the department and subsequent transferee or owner shall be provided with a copy of such survey. No such equipment may be assigned, sold, leased, or transferred until such documentation survey has been verified and accepted by the department.N.D. Admin Code 33.1-10-04.2-07
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-03-05; S.L. 2017, ch. 199, § 18