020-4 Wyo. Code R. § 4-8

Current through April 27, 2019

Section 4-8 - General Requirements for Issuance of Specific Licenses

(a) An application for a specific license may be approved if the Department determines that:

• (i) The applicant is qualified by reason of training and experience, to use licensed material for the purpose requested in the subject application consistent with the governing statutes and rules and in such a manner as to minimize danger to public health and safety, or property;

• (ii) The applicant's proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property;

• (iii) The applicant satisfies the requirements listed in this Chapter;

• (iv) The issuance of the license will not be detrimental to the health and safety of the public;

• (v) The applicant is financially qualified to conduct the licensed activity, including any required decontamination, decommissioning, reclamation, or disposal; and

• (vi) The applicant has satisfied the requirements of Chapter 6 of these rules.

(b) The Department may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the Department to determine whether the application should be granted or denied or whether a license should be modified or revoked. All applications and statements shall be signed by the applicant or a person duly authorized to act for and on his behalf.

(c) Upon determination that an application meets the requirements of the Act, applicable rules, and public health and safety considerations, the Department may issue a specific license authorizing the proposed activity in such form, and containing such conditions and limitations, as the Department deems appropriate or necessary.

(d) The Department may incorporate conditions or provisions in any license at the time of issuance, with respect to the licensee's receipt, possession, use, and transfer of licensed material subject to this Chapter as it deems appropriate or necessary in order to:

• (i) Minimize danger to public health and safety, and the environment;

• (ii) Require reports and recordkeeping, and to provide for such inspections of activities under the license as may be appropriate and necessary; and

• (iii) Prevent loss or theft of licensed material subject to this Chapter.

(e) All licenses, whether issued by the NRC or the Department, and the authorization to possess or utilize licensed material cannot be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of any license to any person unless the Department, after securing full information, determines the transfer is in accordance with the Act and these rules. Upon the transfer of an existing license, the new licensee shall comply with existing laws and license conditions. The Department may impose new license conditions to be complied with by the new licensee as it deems necessary.

(f) Each licensee pursuant to this Chapter shall confine use and possession of licensed material to the locations and purposes authorized in the license.

(g) Each licensee shall notify the Department in writing when the licensee decides to permanently discontinue all activities involving materials authorized under the license.

(h) Each licensee shall notify the Department in writing within seven (7) business days following the filing of voluntary or involuntary petition for bankruptcy under any Chapter of the United States Code (U.S.C.) by or against:

• (i) The licensee;

• (ii) An entity controlling the licensee, or listing the license or licensee as property of the estate as that term is defined in 11 U.S.C. § 101(14); or

• (iii) An affiliate of the licensee as that term is defined in 11 U.S.C. § 101(2).

(i) The written notification of bankruptcy submitted to the Department shall identify the bankruptcy court in which the petition for bankruptcy was filed, the case number, and the date of filing.

(j) The licensee shall allow the Department, to enter and inspect any licensed area as provided by W.S. §§ 35-11-109(a)(iv), (v) and (vi). The licensee shall obtain for the Department the right to access and cross over private lands leading to or within a licensed area for inspection of regulated activities consistent with state law and these rules. The right to access and cross over private property shall be in writing, notarized, included in the application, and contain the following:

• (i) The name of the landowner of the property to be accessed or crossed;

• (ii) A legal description of the lands, using Public Land Survey System nomenclature that will be crossed during the inspection process;

• (iii) A declarative statement from the landowner providing the Department permission to access the described private property for the inspection of regulated activities; and

• (iv) The landowner's signature.

• (v) In lieu of the foregoing, the licensee may provide the Department with an executed Department, Land Quality Division, Form 8 or a copy of the Surface Use Agreement clearly providing the Department the authority to access or cross over the subject private property.

020-4 Wyo. Code R. § 4-8

Adopted, Eff. 9/8/2017.