# Title 33.1 — Department of Environmental Quality

## Article 33.1-10 — Radiological Health Rules

## Chapter 33.1-10-23 — Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material

### § 33.1-10-23-01. Purpose.

This chapter establishes radiation protection standards for technologically enhanced naturally
occurring radioactive material (TENORM). These standards include the possession, use, processing,
manufacture, distribution, transfer, and disposal of TENORM and of products containing TENORM. This
chapter also provides for the licensing of TENORM, including license termination. The provisions of this
chapter are in addition to the definitions and applicable requirements of chapters 33.1-10-01,
33.1-10-03.1, 33.1-10-04.2, 33.1-10-10.1, and 33.1-10-13.1.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-02. Scope.

1. Except as otherwise provided, this chapter applies to any person who receives, possesses,
uses, processes, transfers, distributes, or disposes of TENORM.
2. The manufacture and distribution of products containing TENORM, in which the TENORM's
emitted radiation is considered beneficial to the products, are licensed pursuant to the
provisions of chapter 33.1-10-03.1.

3. This chapter addresses the introduction of TENORM into products in which the radiation
emitted from the TENORM is not considered to be beneficial to the products.
4. This chapter does not apply to source material and byproduct material as both are defined in
the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.] and relevant regulations
implemented by the United States nuclear regulatory commission.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-03. Definitions.

The terms used throughout this chapter have the same meaning as in North Dakota Century Code
chapter 23.1-03, except:
1. "Applicant" means a person applying for a license under this chapter and includes any
individual or entity that owns or controls the applicant.
2. "Beneficial to the product" means that the radioactivity of the TENORM is necessary to the
use of the product.
3. "Conditional release" means release by a licensee for a specified use other than release for
unrestricted use.
4. "Consumer" means a member of the public exposed to TENORM from final end-use products
available on a retail basis.
5. "Consumer or retail product" means any product, article, or component part thereof, produced,
distributed, or sold for use by a consumer in or around a permanent or temporary household
or residence, or for the personal use, consumption, or enjoyment of a consumer, or for use in
or around a school or playground.
6. "Critical group" means the group of individuals reasonably expected to receive the greatest
exposure to residual radioactivity for any applicable set of circumstances.
7. "Generator" means any person whose act or process produces TENORM or whose act first
causes the TENORM to become subject to regulation.
8. "Purposeful dilution" means a deliberate act of the mixing of clean or unlike materials with
contaminated materials for the purpose of changing waste classification or concentration of
waste.
9. "Product" means something produced, made, manufactured, refined, or beneficiated.
10. "Radiation safety officer" means an individual with the responsibility for the overall radiation
safety program on behalf of the licensee and who meets the requirements of section
33.1-10-23-28.
11. "Reasonably maximally exposed individual" means a representative of a population who is
exposed to TENORM at the maximum TENORM concentration measured in environmental
media found at a site along with reasonable maximum case exposure assumptions. The
exposure is determined by using maximum values for one or more of the most sensitive
parameters affecting exposure, based on cautious but reasonable assumptions, while leaving
the others at their mean value.
12. "Reclaiming" means returning property to a condition or state such that the property no longer
presents a health or safety hazard or threat to the environment; the term "reclaiming" includes

those activities necessary to decommission the licensed facility (i.e., to remove, as a facility,
safely from service and reduce residual radioactivity to a level that permits release of the
property for unrestricted use and termination of the license).
13. "Residual radioactivity" means radioactivity in structures, materials, soils, groundwater, and
other media at a site resulting from activities under the licensee's control. This includes
radioactivity from all licensed and unlicensed sources used by the licensee, but excludes
background radiation. It also includes radioactive materials remaining at the site as a result of
routine or accidental releases of radioactive material at the site and previous burials at the
site, even if those burials were made in accordance with the provisions of chapter
33.1-10-04.2.
14. "Tank" means a stationary device, other than a container as described in subsection 2 of
section 33.1-10-23-08, designed to contain an accumulation of TENORM waste, which is
constructed primarily of nonearthen materials (e.g., wood, concrete, steel, or plastic), which
provide structural support.
15. "Technologically enhanced naturally occurring radioactive material (TENORM)" means
naturally occurring radioactive material whose radionuclide concentrations are increased by or
as a result of past or present human practices. TENORM does not include background
radiation or the natural radioactivity of rocks or soils. TENORM does not include "source
material" and "byproduct material" as both are defined in the Atomic Energy Act of 1954, as
amended [42 U.S.C. 2011 et seq.] and relevant regulations implemented by the United States
nuclear regulatory commission.
16. "Transfer" means the physical relocation of TENORM within a business' operation or between
general or specific licensees. This term does not include commercial distribution or a change
in legal title to TENORM that does not involve physical movement of those materials.
17. "Total effective dose equivalent" or "TEDE" means the sum of the effective dose equivalent
(for external exposures) and the committed effective dose equivalent (for internal exposures).
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-04. Exemptions.

1. Persons who receive, possess, use, process, transfer, distribute, or dispose of TENORM are
exempt from the requirements of this chapter with respect to any combination of radium-226
and radium-228 if the materials contain, or are contaminated at, concentrations less than one
hundred eighty five becquerel per kilogram [five picocuries per gram (5.0 pCi/g)] excluding
natural background radiation. The progeny of the exempt TENORM radium-226 and
radium-228 are also exempt.
2. Persons who receive products or materials containing TENORM distributed in accordance
with a specific license issued by the department pursuant to subsection 1 of section
33.1-10-23-11, or to an equivalent license issued by another licensing state, are exempt from
this chapter with regard to those products or materials.
3. Persons who receive, possess, use, process, transfer, and distribute, including preparation of
custom blends for distribution, phosphate or potash ore-based fertilizers containing TENORM
are exempt from this chapter.
4. Persons who receive, possess, use, process, transfer, dispose into a permitted landfill, and
distribute, including preparation of custom blends for distribution, zirconia, zircon, and
products of zirconia and zircon containing TENORM are exempt from this chapter. A facility

that manufactures zirconia or zircon from ore is not exempt from this chapter. A facility that
chemically processes zirconia or zircon resulting in increased environmental mobility of
TENORM is not exempt from this chapter.
5. Persons who possess TENORM waste regulated by the Comprehensive Environmental
Response, Compensation and Liability Act, as amended [42 U.S.C. 9601 et seq.] or by the
Resource Conservation and Recovery Act, as amended [42 U.S.C. 6901 et seq.] or equivalent
state authority are exempt from this chapter for the TENORM waste regulated by either of
these federal acts.
6. Other persons who possess or use TENORM shall be exempt when the department makes a
determination, upon its own initiative or upon request for such determination, that the
reasonably maximally exposed individual will not receive a public dose with a TEDE of more
than one millisievert [one hundred millirem] in one year from all licensed or registered sources
of radiation including TENORM.
7. Persons who possess TENORM in the form of coal combustion residuals (i.e., fly ash waste,
bottom ash waste, slag waste, and flue gas emission control waste) from energy conversion
facilities are exempt from this chapter.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-05. Standards for radiation protection for members of the public.

1. All licensees shall conduct operations with TENORM so that individual members of the public
will not exceed one millisievert [one hundred millirem] TEDE in a year, exclusive of the dose
contributions from background radiation, from all licensed or registered sources of radiation,
including TENORM. Doses from inhalation of indoor radon and its short half-life (less than one
hour) progeny shall not be included in calculations of the TEDE, except when the dose is due
to releases from licensed operations involving the handling or processing of TENORM.
2. Persons subject to a specific or general license under this chapter shall comply with the
radiation protection standards in chapter 33.1-10-04.2.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-06. Protection of workers during operations.

Each person subject to a specific or general license under this chapter shall conduct operations so
that protection of workers complies with the radiation protection standards in chapters 33.1-10-04.2 and
33.1-10-10.1.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-07. Unrestricted use and conditional release.

Each general or specific licensee shall, no less than thirty days before vacating or relinquishing
possession or control of premises which may have been contaminated with TENORM as a result of the
licensee'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. Each licensee before vacating or transferring any premises shall permanently decontaminate
the premises to meet the criteria for decommissioning in 10 CFR part 20, subpart E. The
licensee shall make a survey after the decontamination and provide a copy to the department
and any landlord, subsequent tenant, or transferee. The premises may not be vacated, sold,
or transferred until the department verifies and accepts the decontamination survey.
2. No machinery, instruments, laboratory equipment, or any other property used in contact with,
or close proximity to TENORM at a licensed premises 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 table 4.2-07.1 of chapter
33.1-10-04.2. The licensee shall make a survey after the decontamination and provide a copy
to the department and subsequent transferee or owner. The equipment may not be assigned,
sold, leased, or transferred until the department verifies and accepts the decontamination
survey.
3. Persons with a specific license must also comply with the requirements of subdivisions f and g
of subsection 1 of section 33.1-10-23-17 and section 33.1-10-23-18 that are applicable to
remediation and license termination.
4. Persons with a general license must notify the department in writing before beginning activities
to reclaim the site. Decontamination activities require a specific license under section
33.1-10-23-11.
5. Notification of site or area closure. When the general licensee has permanently ceased use of
radioactive materials at a site or portion of a site or facility or when an area has not been used
for a period of two years, the licensee shall, within sixty days, provide the following information
in writing to the department:
a. The location of the site or area; and
b. The plan for reclaiming or decontaminating the site or area.
6. Actions taken to confine TENORM on site or to remediate sites shall be based on expected
longevity-related controls for one thousand years or longer.
7. Conditional release of metal for recycle. Conditionally released metal for recycle shall be done
only under the condition that metal contaminated with TENORM does not exceed a maximum
exposure level of fifty microroentgens per hour, including background radiation, at any
accessible location of the metal surface prior to release from the site.
8. Equipment not released for unrestricted use. Equipment contaminated with TENORM in
excess of levels specified in section 33.1-10-23-26 may be transferred pursuant to
subsection 4 of section 33.1-10-23-10.
9. Other transfers of TENORM. Other transfers of TENORM shall be in accordance with sections
33.1-10-23-08, 33.1-10-23-10, or 33.1-10-23-11.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-08. Disposal and transfer of waste for disposal.

1. Each person subject to this chapter's general and specific licensing requirements shall
manage and dispose of wastes containing TENORM:

a. By transfer of the wastes for storage, treatment, or disposal at a facility authorized to
accept wastes containing TENORM by the department or other applicable state or
federal agency;
b. By transfer for disposal in another state as otherwise approved by the applicable
governmental authority; or
c. In accordance with alternate methods authorized by the department or other applicable
state or federal agency.
2. Containers:
a. TENORM waste shall be kept in a leak-proof container.
b. The licensee shall use a container made of, or lined with, materials that will not react
with, or be incompatible with the TENORM waste to be stored so that the ability of the
container to contain the waste is not impaired or compromised.
c. A container containing TENORM waste shall always be closed or covered to prevent loss
of material and entrance of outside elements during storage or while in transport, except
when it is necessary to add or remove waste.
d. A container containing TENORM waste shall not be opened, handled, or stored in a
manner that may rupture the container or cause it to leak.
e. At least quarterly, the licensee shall inspect areas where containers of TENORM waste
are stored, looking for leaking or deteriorating containers or containment systems.
f. All containers of TENORM waste shall be stacked in such a manner that each container
identification label can be read from the access aisle or area.
g. Each container of TENORM waste shall be labeled with the following information prior to
storage:
(1) Name and address of generator.
(2) Type of material (e.g., sludge, scale, dirt, scrap metal, etc.).
(3) Date stored.
(4) Labeled as radioactive material.
h. Records of inspections shall be maintained by the licensee for inspection by the
department for five years.
3. Tanks containing TENORM.
The licensee shall develop a schedule and procedure for assessing the condition of each tank
containing TENORM waste. The schedule and procedure must be adequate to detect cracks,
leaks, corrosion, and erosion that may lead to cracks, leaks, or wall thinning to less than the
required thickness to maintain vessel integrity. Procedures for emptying a tank to allow entry,
procedures for personnel protection, and inspection of the interior must be established when
necessary to detect corrosion of the tank sides and bottom. The frequency of these
inspections shall be performed at intervals not to exceed twelve months. Records shall be
maintained for a period of five years.
4. Each shipment of TENORM shall be accompanied by a manifest containing all of the following
information prior to leaving the licensee's site:

a. The licensee's (generator's) name, physical site address, and telephone number;
b. The name, address, telephone number, and radioactive material license number of each
transporter;
c. The name, address, and telephone number of the designated disposal facility;
d. The description of the waste material; and
e. The total quantity of all TENORM waste by units of weight in tons or cubic yards and the
number and type of containers.
5. The following certification must appear on the manifest and be signed and dated by the
licensee as follows:
"I hereby declare that the contents of this consignment are fully and accurately described
above by the proper shipping name and are classified, packed, marked, and labeled, and are
in all respects in proper condition for transport according to applicable international and
national government regulations."
6. The licensee shall:
a. Sign and date the manifest upon initial transporter acceptance of the waste material;
b. Obtain the signature of the initial transporter and date of the acceptance of the manifest;
c. Retain one copy for a period of not less than three years;
d. Provide the initial transporter the remaining copies of the manifest; and
e. Receive the fully signed copy of the manifest from the designated disposal facility within
forty-five days from the delivery to the initial transporter. In the event the licensee does
not receive the signed manifest within this period, the licensee shall:
(1) Notify the department within seven days;
(2) Conduct an investigation into the reason the manifest was not received; and
(3) Report the results of the investigation to the department within thirty days.
7. The licensee shall file with the department a quarterly summary report stating the date, type,
and total quantity by weight in tons or cubic yards, generator and final disposal facility of each
TENORM transferred. Each report shall be filed within thirty days of the end of each quarter. If
no transfers of TENORM have been made during the reporting period, the report must so
indicate. Quarterly summary reports shall be maintained for a period of three years.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-09. Prohibition - Purposeful dilution.

Purposeful dilution to render TENORM exempt shall not be performed without prior department
approval.
History: Effective January 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; S.L. 2017, ch. 199, § 18

### § 33.1-10-23-10. General license.

1. A general license is hereby issued to possess, use, transfer, distribute, or dispose of TENORM
without regard to quantity, except for those activities requiring a specific license.
2. Employees or contractors under control and supervision of a general licensee may perform
routine maintenance on equipment, facilities, and land owned or controlled by the general
licensee. Maintenance that provides a pathway for exposure different from that found in
periodic maintenance operations and that increases the potential for additional exposure is not
considered routine maintenance. The decontamination of equipment, facilities, and land shall
be performed only by persons specifically licensed by the department, an agreement state, or
another licensing agency to conduct such work.
3. Any person subject to the general license issued under this section shall notify the department
within sixty days of the effective date of this chapter or of becoming subject to the general
license. The notification shall include the following:
a. Name and address of the licensee;
b. Location and description of the facility, facilities, or portion of a facility where the
TENORM is situated; and
c. Description of the TENORM, including estimates of the amount and extent of TENORM.
4. Transfer of material, equipment, or real property.
a. The transfer of TENORM, not exempt from article 33.1-10, from one general licensee to
another general licensee is authorized if:
(1) The equipment and facilities contaminated with TENORM are to be used by the
recipient for a similar purpose, provided that no member of the public shall receive a
dose in excess of that allowed under subsection 1 of section 33.1-10-23-05; or
(2) The transfer of control or ownership of land contaminated with TENORM includes
an annotation of the deed records to indicate the presence of TENORM.
b. For transfers not made in accordance with subdivision a, the transferor shall obtain the
department's prior written approval for the transfer.
c. For transfers made under subdivision a, the transferor shall assess the amount and
extent of TENORM contamination or material present, inform the general licensee
receiving the TENORM of these assessments prior to such transfer, and maintain records
that include:
(1) The date, recipient name, and location;
(2) A description and quantity of the material; and
(3) A description of the procedures and mechanisms used to ensure that material will
not be released in another manner, such as an unrestricted release.
d. A general licensee intending to transfer material or real property for unrestricted use shall
document compliance with the requirements of section 33.1-10-23-07. Records of such
compliance shall be maintained for ten years.
5. Distribution of TENORM products between general licensees. The distribution of TENORM
products from one general licensee to another general licensee is authorized provided the

product is accompanied by labels or manifests which identify the type and amount of
6. The department may, by written notice, require any person authorized by a general license to
apply for and obtain a specific license if the department determines that specific licensure is
necessary to ensure that exposures do not exceed the criteria of sections 33.1-10-23-05 and
### § 33.1-10-23-06. The notice shall state the reason or reasons for requiring a specific license.

History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-11. Specific licenses.

1. A specific license is required to manufacture and distribute any consumer or retail product
containing TENORM unless the manufacture and distribution are:
a. Authorized as specified by section 33.1-10-23-10;
b. Licensed under the provisions of chapter 33.1-10-03.1; or
c. Otherwise exempt in accordance with another chapter of article 33.1-10.
2. A specific license is required to decontaminate equipment or land not exempted under the
provisions of section 33.1-10-23-04 or to decontaminate facilities contaminated with TENORM
in excess of the levels in section 33.1-10-23-07. For purposes of this subsection, the term
"decontaminate" shall not include routine maintenance which results in the incidental removal
of contamination.
3. A specific license is required to receive TENORM from other persons for storage.
4. A specific license is required to possess or use TENORM for the purposes of processing,
treatment, or disposal.
5. A specific license is required to transport TENORM upon public roadways.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-12. Application and background review for specific licenses.

1. Applications for specific licenses shall be in English and filed in a manner and on a form
prescribed by the department.
2. The department may at any time after the filing of the original application, and before the
termination of the license, require further statements in order to enable the department to
determine whether the application shall be granted or denied or whether a license shall be
modified or revoked.
3. An applicant must provide information required by the department to complete an
environmental compliance background review, including:
a. Consent to a criminal history check under North Dakota Century Code section 12-60-24.
b. Disclosure of personal and business information on a form provided by the department,
executed under oath or affirmation, which includes:

(1) The person's name and address;
(2) A description of the person's experience in managing the type of TENORM that will
be managed under the license;
(3) A description of every civil and administrative complaint against the person for the
violation of any state or federal environmental protection law which has resulted in a
fine or penalty of more than ten thousand dollars within five years before the date of
the submission of the application;
(4) A description of every settlement agreement entered into by the person with a
federal or state agency to resolve any alleged violation of any state or federal
environmental protection law which has resulted in a payment of more than ten
thousand dollars within five years before the date of the submission of the
application;
(5) A description of every pending notice of violation, civil complaint, administrative
complaint, or criminal complaint alleging the violation of any state or federal
environmental protection law;
(6) A description of every judgment of criminal conviction entered against the applicant
within five years before the date of submission of the application for the violation of
any state or federal environmental protection law;
(7) A description of every judgment of criminal conviction of a felony constituting a
crime involving fraud or misrepresentation under the laws of any state or of the
United States which has been entered against the applicant within five years before
the date of submission of the application; and
(8) Any other information the department deems relevant.
c. In addition to the applicant, the following related individuals and entities may be required
to submit personal and business disclosure information:
(1) Each entity that is, or is proposed to be:
(a) A partner;
(b) An entity contracted with the applicant to operate, manage, or supervise the
facility or activities for which approval is being sought;
(c) An entity holding of ten percent or more of the applicant's debt;
(d) An entity holding ten percent or more of the applicant's equity; or
(e) The parent corporation, holding corporation, and any other entity that exercises
control over the facility or activities for which approval is being sought.
(2) Each individual which has, or is proposed to have, any of the following relationships
with the applicant:
(a) Director;
(b) Partner;
(c) Officer;

(d) All individuals having managerial or supervisory or substantial decisionmaking
authority and responsibility for the management of operations involving
(e) Holder of ten percent or more of the applicant's debt; or
(f) Holder of ten percent or more of the applicant's equity.
4. The department may deny an application for the issuance, renewal, transfer, or major
modification based on its environmental compliance background review.
a. Circumstances justifying denial include:
(1) The applicant has intentionally misrepresented or concealed any material fact in a
statement required under this section;
(2) The applicant or related individual or entity has been convicted of a felony or
pleaded guilty or nolo contendere to a felony involving the laws of any state or the
federal government within five years preceding the application for the license;
(3) The applicant or related individual or entity has been adjudicated in contempt of an
order of any court enforcing the laws of this state or any other state or the federal
government within five years preceding the application for the license; or
(4) The applicant or related individual or entity has repeatedly violated any state or
federal environmental protection laws.
b. The department shall consider the relevance of the offense to the business to which the
license is issued, the nature and seriousness of the offense, the circumstances under
which the offense occurred, the date of the offense, and the ownership and management
structure in place at the time of the offense.
5. Each application shall be signed by the applicant or a person duly authorized to act for and on
the applicant's behalf.
6. An application for a license may include a request for a license authorizing one or more
activities.
7. Each application for a specific license shall be accompanied by the fee prescribed in chapter
33.1-10-11.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-13. Requirements for the issuance of specific licenses.

1. A license application will be approved if the department determines that:
a. The applicant is qualified by reason of training and experience to use the TENORM in
question for the purpose requested in accordance with article 33.1-10 in such a manner
as to protect the public health and safety or property;
b. The applicant's proposed equipment, facilities, and procedures are adequate to protect
the public health and safety or property;
c. The issuance of the license will not constitute a significant risk to the health and safety of
the public;

d. The applicant satisfied all applicable special requirements in this chapter;
e. The applicant has met the financial assurance requirements of section 33.1-10-23-25;
f. The applicant has adequately addressed the following items in the application:
(1) Procedures and equipment for monitoring and protecting workers;
(2) An evaluation of the radiation levels and concentrations of contamination expected
during normal operations;
(3) Operating and emergency procedures, including procedures for waste reduction
and quality assurance of items released for unrestricted use; and
(4) A method for managing the radioactive material removed from contaminated
equipment, facilities, and land.
g. For each location to be listed on the license as an authorized use location, the applicant
shall submit either:
(1) A statement that the applicant owns the facility where radioactive material is to be
used or stored; or
(2) A statement verifying that the facility owner has been informed, in writing, of the use
or storage of radioactive material at the facility, and that the use of such material is
subject to the rules of the department.
2. An application for a specific license to transfer or manufacture or distribute consumer or retail
products containing TENORM to persons exempted from this chapter under subsection 2 of
section 33.1-10-23-04 will be approved if:
a. The applicant satisfies the general requirements specified in subsection 1;
b. The TENORM is not contained in any food, beverage, cosmetic, drug, or other
commodity designed for ingestion or inhalation by, or application to, a human being; and
c. The applicant submits sufficient information relating to the design, manufacture,
prototype testing, quality control procedures, labeling or marking, and conditions of
handling, storage, use, and disposal of the TENORM product to demonstrate that the
product will meet the safety criteria set forth in section 33.1-10-23-14. The information
shall include:
(1) A description of the product and its intended use or uses;
(2) The type, quantity, and concentration of TENORM in each product;
(3) The chemical and physical form of the TENORM in the product, and changes in
chemical and physical form that may occur during the useful life of the product;
(4) An analysis of the solubility in water and body fluids of the radionuclides in the
product;
(5) The details of manufacture and design of the product relating to containment and
shielding of the TENORM and other safety features under normal and severe
conditions of handling, storage, use, reuse, and disposal of the product;
(6) The degree of access of human beings to the TENORM product during normal
handling, use, and disposal;

(7) The total quantity of TENORM expected to be distributed annually in the product;
(8) The expected useful life of the product;
(9) The proposed method of labeling or marking each unit of the product with
identification of the manufacturer or initial transferor of the product and the
radionuclides and quantity of TENORM in the product;
(10) The procedures for prototype testing of the product to demonstrate the effectiveness
of the containment, shielding, and other safety features under both normal and
severe conditions of handling, storage, use, reuse, and disposal;
(11) The results of the prototype testing of the product, including any change in the form
of the TENORM contained in it, the extent to which the TENORM may be released
to the environment, any change in radiation levels, and any other changes in safety
features;
(12) The estimated external radiation doses and committed dose equivalent relevant to
the safety criteria in section 33.1-10-23-14 and the basis for such estimates;
(13) A determination that the probabilities with respect to doses referred to in section
(14) The quality control procedures to be followed in the processing of production lots of
the product, and the quality control standards the product will be required to meet;
and
(15) Any additional information, including experimental studies and tests, required by the
department to facilitate a determination of the radiation safety of the product.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-14. Safety criteria for consumer and retail products.

An applicant for a license under subsection 2 of section 33.1-10-23-13 shall demonstrate that the
product is designed and will be manufactured so that:
1. In normal use and disposal of a single exempt item, and in normal handling and storage of the
quantities of exempt items likely to accumulate in one location during marketing, distribution,
installation, and servicing of the product, it is unlikely that the dose in any one year, to a
suitable sample of the group of individuals expected to be most highly exposed to radiation or
radioactive material from the product will exceed the doses in column I of section
33.1-10-23-15.
2. In use and disposal of a single exempt item and in handling and storage of the quantities of
exempt items likely to accumulate in one location during marketing, distribution, installation,
and servicing of the product, the probability is low that the containment, shielding, or other
safety features of the product would fail under such circumstances that a person would
receive an external radiation dose or committed dose equivalent in excess of the dose to the
appropriate part of the body as specified in column II of section 33.1-10-23-15 and the
probability is negligible that a person would receive an external radiation dose or committed
dose equivalent in excess of the dose to the appropriate part of the body as specified in
column III of section 33.1-10-23-15.

3. It is unlikely that there will be a significant reduction in the effectiveness of the containment,
shielding, or other safety features of the product from wear and abuse likely to occur in normal
handling and use of the product during its useful life.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-15. Table of doses.

The dose limits in this section are the doses above background from the product.
1. Column I doses are:
a. For the whole body; head and trunk; active blood-forming organs; gonads; or lens of
eye - fifty microsieverts [five millirem].
b. For the hands and forearms; feet and ankles; localized areas of skin averaged over
areas no larger than one square centimeter - seven hundred fifty microsieverts
[seventy-five millirem].
c. For other organs - one hundred fifty microsieverts [fifteen millirem].
2. Column II doses are:
a. For the whole body; head and trunk; active blood-forming organs; gonads; or lens of
eye - five millisieverts [five hundred millirem].
b. For the hands and forearms; feet and ankles; localized areas of skin averaged over
areas no larger than one square centimeter - seventy-five millisieverts [seven thousand
five hundred millirem].
c. For other organs - fifteen millisieverts [one thousand five hundred millirem].
3. Column III doses are:
a. For the whole body; head and trunk; active blood-forming organs; gonads; or lens of
eye - one hundred fifty millisieverts [fifteen rem].
b. For ankles and forearms; feet and ankles; localized areas of skin averaged over areas no
larger than one square centimeter - two thousand millisieverts [two hundred rem].
c. For other organs - five hundred millisieverts [fifty rem].
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-16. Issuance of specific licenses.

1. Upon a determination that an application meets the requirements of article 33.1-10, the
department will issue a specific license authorizing the proposed activity in such form and
containing such conditions and limitations as it deems appropriate or necessary.
2. The department may incorporate in any license at the time of issuance, or thereafter by
amendment, such additional requirements and conditions with respect to the licensee's
receipt, possession, use, and transfer of TENORM subject to this chapter as it deems
appropriate or necessary in order to:

a. Protect public health and safety or property;
b. Require such reports and the keeping of such records, and to provide for such
inspections of activities under the license as may be appropriate or necessary; and
c. Prevent loss, theft, or loss of control of TENORM subject to this chapter.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-17. Conditions of specific licenses.

1. General terms and conditions.
a. Each specific license issued under this chapter shall be subject to all the provisions of
North Dakota Century Code chapters 23.1-02, 23.1-03, and 23.1-05, now or hereafter in
effect, and to all rules and orders of the department.
b. No specific license issued or granted under this chapter and no right to possess or utilize
TENORM granted by any license issued under 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 North Dakota Century Code chapters 23.1-02, 23.1-03, and 23.1-05, and
shall give its consent in writing.
c. Each person specifically licensed under this chapter shall confine use and possession of
the TENORM licensed to the locations and purposes authorized in the specific license.
d. Transfer of control.
Within thirty days of the existence of any new controlling individual or entity, the licensee
shall submit to the department the name of the controlling individual or entity and a
statement signed by the controlling individual or entity in which the controlling individual
or entity agrees to accept responsibility for the license. The controlling individual or entity
must undergo an environmental compliance background review under section
33.1-10-23-12.
e. Notification of bankruptcy.
(1) Each licensee shall notify the department, in writing, immediately following the filing
of a voluntary or involuntary petition for bankruptcy under any chapters of Title 11
(bankruptcy) of the United States Code by or against:
(a) The licensee;
(b) An entity [as that term is defined in 11 U.S.C. 101(15)] controlling a licensee or
listing the license or licensee as property of the estate; or
(c) An affiliate [as that term is defined in 11 U.S.C. 101(2)] of the licensee.
(2) This notification shall indicate:
(a) The bankruptcy court in which the petition for bankruptcy was filed; and
(b) The date of the filing of the petition.

f. Each licensee shall notify the department in writing prior to commencing activities to
reclaim the licensed facility and site.
g. Notification of site or area closure. When a licensee has permanently ceased use of
radioactive materials at a site or portion of a facility and the licensee has not
decontaminated the area, or when an area has not been used for a period of two years,
the licensee shall, within sixty days, provide the following information in writing to the
department:
(1) The location of the facility, site, or area;
(2) The plan for reclaiming or decontaminating the facility, site, or area; and
(3) An evaluation of any changes to the financial assurance submitted in accordance
with section 33.1-10-23-25.
h. Temporary jobsites.
(1) When temporary jobsites are authorized on a specific license, TENORM may be
used at temporary jobsites throughout North Dakota in accordance with the
reciprocal recognition provisions of section 33.1-10-23-24 or chapter 33.1-10-19, in
areas not under exclusive federal jurisdiction.
(2) Before TENORM can be used at a temporary jobsite at any federal facility within
North Dakota, the jurisdictional status of the jobsite shall be determined as it
pertains to the TENORM. Authorization for use of TENORM at jobsites under
exclusive federal jurisdiction shall be obtained from the applicable federal agency.
2. Quality control, labeling, and reports of transfer. Each person licensed under subsection 2 of
section 33.1-10-23-13 shall:
a. Carry out adequate control procedures in the manufacture of the product to assure that
each production lot meets the quality control standards approved by the department;
b. Label or mark each unit so that the manufacturer, processor, producer, or initial transferor
of the product and the TENORM in the product can be identified; and
c. Maintain records identifying, by name and address, each person to whom TENORM is
transferred for use under subsection 2 of section 33.1-10-23-04 or the equivalent rules of
another licensing state, and stating the kinds, quantities, and uses of TENORM
transferred. An annual summary report stating the total quantity of each radionuclide
transferred under the specific license shall be filed with the department. Each report shall
cover the year ending December 31, and shall be filed within ninety days thereafter. If no
transfers of TENORM have been made pursuant to subsection 2 of section
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-18. Expiration and termination of specific licenses.

1. Except as provided in subsection 2 of section 33.1-10-23-19, the authority to engage in
licensed activities as specified in the specific license shall expire at the end of the specified
day in the month and year stated therein. Any expiration date on a specific license applies
only to the authority to engage in licensed activities. Expiration of a specific license shall not

relieve the licensee of responsibility for decommissioning its facility and terminating the
specific license.
2. Each licensee shall notify the department immediately, in writing, and request termination of
the license when the licensee decides to terminate all activities involving radioactive materials
authorized under the license. This notification and request for termination shall include the
documents required by subsection 4 and shall otherwise substantiate that the licensee has
met all of the requirements in subsection 4.
3. No less than thirty days before the expiration date specified in a specific license, the licensee
shall either:
a. Submit an application for license renewal pursuant to section 33.1-10-23-19; or
b. Notify the department, in writing, if the licensee decides not to renew the license. The
licensee requesting termination of a license shall comply with the requirements of
subsection 4;
4. Termination of licenses.
a. If a licensee does not submit a complete application for license renewal pursuant to
section 33.1-10-23-19, the licensee shall, on or before the expiration date specified in the
license:
(1) Terminate use of the TENORM specified in the license;
(2) Remove radioactive contamination to the level outlined in section 33.1-10-23-07, to
the extent practicable;
(3) Properly dispose of the TENORM specified in the license;
(4) Submit a completed department form "Certificate: Disposition of Radioactive
Material" (SFN 18941); and
(5) Submit a radiation monitoring report to confirm the absence of TENORM specified
in the license or to establish the levels of residual radioactive contamination, unless
the licensee demonstrates the absence of residual radioactive contamination in
some other manner acceptable to the department. The radiation monitoring report
shall specify the instrumentation used and certify that each instrument was properly
calibrated and tested. The licensee shall, as applicable, report levels or quantities
of:
(a) Beta and gamma radiation at one centimeter from surfaces in units, multiples,
or subunits of sieverts or rem per hour or microroentgens per hour;
(b) Gamma radiation at one meter from surfaces in units, multiples, or subunits of
sieverts or rem per hour or microroentgens per hour;
(c) Removable radioactivity on surfaces in units, multiples, or subunits of
becquerels or curies per one hundred square centimeters of surface area or in
disintegrations (transformations) per minute per one hundred square
centimeters of surface area;
(d) Fixed radioactivity on surfaces in units, multiples, or subunits of becquerels or
curies per one hundred square centimeters of surface area or in disintegrations
(transformations) per minute per one hundred square centimeters of surface
area;

(e) Radioactivity in contaminated liquids such as water, oils, or solvents in units,
multiples, or subunits of becquerels or curies per milliliter of volume or per
gram of liquid; and
(f) Radioactivity in contaminated solids such as soils or concrete in units,
multiples, or subunits of becquerels or curies per gram of solid.
b. If levels of residual radioactive contamination attributable to activities conducted under
the license are less than those established in section 33.1-10-23-07, the licensee shall so
certify. If the department determines that this certification and the information submitted
under subdivision a is adequate and monitoring confirms the findings, then the
department will notify the licensee, in writing, of the termination of the license.
c. If residual radioactive contamination attributable to activities conducted under the license
are not in conformance with criteria established in section 33.1-10-23-07:
(1) The license continues in effect beyond the expiration date, if necessary, with respect
to possession of residual TENORM present as contamination until the department
notifies the licensee in writing that the license is terminated. During this time the
licensee is subject to the provisions of subsection 5.
(2) In addition to the information submitted under subdivision a of subsection 4, the
licensee shall submit a plan for decontamination and disposal, if required, as
regards residual TENORM contamination remaining at the time the license expires.
5. Each licensee who possesses TENORM under subdivision c of subsection 4, following the
expiration date specified in the license, shall:
a. Limit actions involving TENORM as specified in the license to those related to
decontamination and other activities related to preparation for release for unrestricted
use; and
b. Continue to control entry to restricted areas until they are suitable for release for
unrestricted use and the department notifies the licensee in writing that the license is
terminated.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-19. Renewal of specific licenses.

1. Applications for renewal of specific licenses shall be filed in accordance with section
33.1-10-23-12.
2. In any case in which a licensee, not less than thirty days prior to expiration of an existing
license, has filed an application in proper form for renewal or for a new license authorizing the
same activities, the existing license shall not expire until final action by the department.
History: Effective January 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; S.L. 2017, ch. 199, § 18

### § 33.1-10-23-20. Amendment of specific licenses at request of licensee.

Applications for amendment of a license shall be filed in accordance with section 33.1-10-23-12
and shall specify the respects in which the licensee desires the license to be amended and the grounds
for such amendment.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-21. Department action on applications to renew and amend specific licenses.

In considering an application by a licensee to renew or amend the license, the department will
apply the criteria set forth in section 33.1-10-23-13.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-22. Modification and revocation of specific licenses.

1. The terms and conditions of all licenses shall be subject to amendment, revision, or
modification or the license may be suspended or revoked by reason of amendments to North
Dakota Century Code chapters 23-20.2, 23.1-02, 23.1-03, or 23.1-05, or by reason of rules
and orders issued by the department.
2. Any license may be revoked, suspended, or modified, in whole or in part, for any material
false statement in the application or because of conditions revealed by such application or any
report, record, or inspection or other means which would warrant the department to refuse to
grant a license on an original application, or for violation of, or failure to observe any of the
terms and conditions of North Dakota Century Code chapters 23.1-02, 23.1-03, or 23.1-05, or
of the license, or of any rule or order of the department.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-23. Recordkeeping requirements for site reclamation.

Each licensee shall keep records of information important to the safe and effective reclamation of a
facility in an identified location until the license is terminated by the department. If records of relevant
information are maintained for other purposes, reference to these records and their locations may be
used. The records must include the following information:
1. Records of spills or other unusual occurrences involving the spread of contamination in and
around the facility, equipment, or site. These records may be limited to instances when
contamination remains after any cleanup procedures or when there is reasonable likelihood
that contaminants may have spread to inaccessible areas as in the case of possible seepage
into porous materials such as concrete. These records shall include any known information on
identification of involved radionuclides, quantities, forms, and concentrations.
2. As-built drawings and modifications of structures and equipment in restricted areas where
radioactive materials are used or stored, and of locations of possible inaccessible
contamination, such as buried pipes which may be subject to contamination. If required
drawings are referenced, each relevant document need not be indexed individually. If
drawings are not available, the licensee shall substitute appropriate records of available
information concerning these areas and locations.

3. If required by section 33.1-10-23-25, records of this reclaiming cost estimate prepared for the
amount approved by the department for reclaiming.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-24. Reciprocal recognition of specific licenses.

1. Any person who holds a specific license from another agreement state or licensing state,
issued by the agency having jurisdiction where the licensee maintains an office for directing
the licensed activity and at which radiation safety records are normally maintained, is hereby
granted a general license to conduct the activities authorized in such licensing document
within North Dakota for a period not in excess of one hundred eighty days in any twelve-month
period, provided that:
a. A current copy of the licensing document or equivalent authorization is on file with the
department and the authorized activities are not limited to specified installations or
locations;
b. The out-of-state licensee notifies the department at least three days before engaging in
such activity. Such notification shall indicate the location, period, and type of proposed
possession and use within North Dakota. Upon receipt from the out-of-state licensee of a
written request containing a schedule of activities to be conducted within North Dakota,
the department may waive the requirement for additional notifications during the
twelve-month period following the receipt of the initial notification;
c. The out-of-state licensee complies with all applicable rules of the department including
sections 33.1-10-23-11 and 33.1-10-23-12 and with all the terms and conditions of the
licensing document or equivalent authorization, except any such terms and conditions
which may be inconsistent with article 33.1-10;
d. The out-of-state licensee supplies any other information necessary to show compliance
with article 33.1-10; and
e. The out-of-state licensee shall not transfer or dispose of TENORM possessed or used
under the general license, except by transfer to a person:
(1) Specifically licensed by the department or by another licensing state to receive such
TENORM; or
(2) Exempt from the requirements for a license for such TENORM under section
33.1-10-23-04.
2. The department may withdraw, limit, or qualify its acceptance of any specific license or
equivalent authorization issued by a licensing state, or any product distributed pursuant to
such license or equivalent authorization, if the department determines that, had the
out-of-state licensee been licensed by North Dakota, the licensee's license would have been
subject to action under section 33.1-10-23-22.
History: Effective January 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; S.L. 2017, ch. 199, § 18

### § 33.1-10-23-25. Financial assurance arrangements.

Each licensee or applicant for a specific license shall post with the department financial assurance,
or security, to ensure the protection of the public health and safety and the environment in the event of
abandonment, default, or other inability or unwillingness of the licensee to meet the requirements of
article 33.1-10 and North Dakota Century Code chapter 23.1-03. Financial assurance arrangements
shall:
1. Consist of surety bonds, government securities, irrevocable letters of credit, corporate
guarantees, insurance, state funds, or any combination of these;
2. Be in an amount sufficient to meet the applicant's or licensee's obligations under article
33.1-10 and North Dakota Century Code chapter 23.1-03 and shall be based upon
department approved cost estimates;
3. Be established prior to issuance of the license or the commencement of operations to assure
that sufficient funds will be available to carry out the decontamination and decommissioning of
the facility;
4. Be continuous for the duration of the license and for a period coincident with the applicant or
licensee's responsibility under article 33.1-10 and North Dakota Century Code chapter
23.1-03;
5. Be available in North Dakota subject to judicial process and execution in the event required for
the purposes set forth; and
6. Be established within ninety days of the initial effective date of this chapter for licenses in
effect on that date.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-26. Acceptable surface contamination levels for TENORM.

1. Where surface contamination by both alpha and beta-gamma emitting nuclides exists, the
limits established for alpha and beta-gamma emitting nuclides shall apply independently.
2. As used in this section, "disintegrations per minute" means the rate of emission by radioactive
material as determined by correcting the counts per minute observed by an appropriate
detector for background, efficiency, and geometric factors associated with the instrumentation.
3. Average contamination level.
a. For surface contamination by alpha emitting nuclides, the average contamination level
shall not exceed five thousand disintegrations per minute per one hundred square
centimeters of surface area.
b. For surface contamination by beta-gamma emitting nuclides, the average contamination
level shall not exceed five thousand disintegrations per minute per one hundred square
centimeters of surface area.
c. Measurements of average contamination level shall not be averaged over more than one
square meter. For objects of less surface area, the average shall be derived for each
object.
d. The average radiation levels associated with surface contamination resulting from
beta-gamma emitters shall not exceed two microgray per hour [two tenths millirad per

hour] at one centimeter and ten microgray per hour [one millirad per hour] at one
centimeter, respectively, measured through not more than seven milligrams per square
centimeter of total absorber.
4. Maximum contamination level.
a. For surface contamination by alpha emitting nuclides, the maximum contamination level
shall not exceed fifteen thousand disintegrations per minute per one hundred square
centimeters of surface area.
b. For surface contamination by beta-gamma emitting nuclides, the maximum
contamination level shall not exceed fifteen thousand disintegrations per minute per one
hundred square centimeters of surface area.
c. The maximum contamination level applies to an area of not more than one hundred
square centimeters.
d. The maximum radiation levels associated with surface contamination resulting from
beta-gamma emitters shall not exceed two microgray per hour [two tenths millirad per
hour] at one centimeter and ten microgray per hour [one millirad per hour] at one
centimeter, respectively, measured through not more than seven milligrams per square
centimeter of total absorber.
5. Limits on removable contamination.
a. For surface contamination by alpha emitting nuclides, the removable contamination shall
not exceed one thousand disintegrations per minute per one hundred square centimeters
of surface area.
b. For surface contamination by beta-gamma emitting nuclides, the removable
contamination shall not exceed one thousand disintegrations per minute per one hundred
square centimeters of surface area.
c. Measurements of average contamination level shall not be averaged over more than one
square meter. For objects of less surface area, the average shall be derived for each
object.
d. The amount of removable radioactive material per one hundred square centimeters of
surface area shall be determined by wiping that area with dry filter or soft absorbent
paper, applying moderate pressure, and assessing the amount of radioactive material on
the wipe with an appropriate instrument of known efficiency. When removable
contamination on objects of surface area A (where A is less than one hundred square
centimeters) is determined, the entire surface shall be wiped and the contamination level
multiplied by the quantity [one hundred divided by A] to convert to a "per one hundred
square centimeter" basis.
e. The maximum radiation levels associated with surface contamination resulting from
beta-gamma emitters shall not exceed two microgray per hour [two tenths millirad per
hour] at one centimeter and ten microgray per hour [one millirad per hour] at one
centimeter, respectively, measured through not more than seven milligrams per square
centimeter of total absorber.
History: Effective January 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; S.L. 2017, ch. 199, § 18

### § 33.1-10-23-27. Specific licenses - Radiation protection program required.

1. A licensee shall appoint a radiation safety officer, who agrees, in writing, to be responsible for
implementing the radiation protection program. The licensee, through the radiation safety
officer, shall ensure that radiation safety activities are being performed in accordance with
licensee-approved procedures and regulatory requirements.
2. A licensee shall establish, in writing, the radiation safety officer's authority, duties, and
responsibilities.
3. A licensee shall provide the radiation safety officer sufficient authority, organizational freedom,
time, resources, and management prerogative, to:
a. Identify radiation safety problems;
b. Initiate, recommend, or provide corrective actions;
c. Stop unsafe operations; and
d. Verify implementation of corrective actions.
4. A licensee shall retain a record of actions taken under subsections 1 and 2 of this section for
five years.
History: Effective January 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; S.L. 2017, ch. 199, § 18
### § 33.1-10-23-28. Radiation safety officer - Qualifications.

1. Except for licenses exclusive to the transport of TENORM waste, the specific licensee shall
require an individual fulfilling the responsibilities of the radiation safety officer as provided in
section 33.1-10-23-27 to be an individual who has completed a department approved training
program consisting of forty hours of classroom training in the following areas:
a. Characteristics of radiation;
b. Units of radiation dose and quantity of radioactivity;
c. Hazards of exposure to radiation;
d. Radiation detection and measurement;
e. Minimizing radiation exposure (time, distance, shielding, and respiratory precautions);
f. Use and types of personnel-monitoring equipment;
g. Proper use of protective equipment; and
h. Transportation of licensed material.
2. For licenses exclusive to the transport of TENORM waste, the licensee shall require an
individual fulfilling the responsibilities of the radiation safety officer to be an individual who has
completed a department approved training program consisting of eight hours of classroom
training in the following areas:
a. Characteristics of radiation;
b. Units of radiation dose and quantity of radioactivity;

c. Hazards of exposure to radiation;
d. Radiation detection and measurement;
e. Minimizing radiation exposure (time, distance, shielding, and respiratory precautions);
f. Use and types of personnel-monitoring equipment;
g. Proper use of protective equipment; and
h. Transportation of licensed material.
History: Effective January 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; S.L. 2017, ch. 199, § 18
