Section 144.1205 Radioactive Material; Special Nuclear Material
144.1205 RADIOACTIVE MATERIAL; SPECIAL NUCLEAR MATERIAL.
Subdivision 1.Application and license renewal fee.
When a license is required for radioactive material or source or special nuclear material by a rule adopted under section 144.1202, subdivision 2, an application fee according to subdivision 4 must be paid upon initial application for a license. The licensee must renew the license 60 days before the expiration date of the license. The expiration date of a license is the date specified by rule of the commissioner of health.
Subd. 2.Annual fee.
A licensee must pay an annual fee at least 60 days before the anniversary date of the issuance of the license. The annual fee is as follows:
| TYPE | ANNUAL FEE | ||
| Academic broad scope - type A | $19,920 | ||
| Academic broad scope - type B | 19,920 | ||
| Academic broad scope - type C | 19,920 | ||
| Medical broad scope - type A | 19,920 | ||
| Medical institution - diagnostic and therapeutic | 3,680 | ||
| Medical institution - diagnostic (no written directives) | 3,680 | ||
| Medical private practice - diagnostic and therapeutic | 3,680 | ||
| Medical private practice - diagnostic (no written directives) | 3,680 | ||
| Eye applicators | 3,680 | ||
| Nuclear medical vans | 3,680 | ||
| High dose rate afterloader | 3,680 | ||
| Mobile high dose rate afterloader | 3,680 | ||
| Medical therapy - other emerging technology | 3,680 | ||
| Teletherapy | 8,960 | ||
| Gamma knife | 8,960 | ||
| Veterinary medicine | 2,000 | ||
| In vitro testing lab | 2,000 | ||
| Nuclear pharmacy | 8,800 | ||
| Radiopharmaceutical distribution (10 CFR 32.72) | 3,840 | ||
| Radiopharmaceutical processing and distribution (10 CFR 32.72) | 8,800 | ||
| Medical sealed sources - distribution (10 CFR 32.74) | 3,840 | ||
| Medical sealed sources - processing and distribution (10 CFR 32.74) | 8,800 | ||
| Well logging - sealed sources | 3,760 | ||
| Measuring systems - fixed gauge | 2,000 | ||
| Measuring systems - portable gauge | 2,000 | ||
| X-ray fluorescent analyzer | 1,520 | ||
| Measuring systems - gas chromatograph | 2,000 | ||
| Measuring systems - other | 2,000 | ||
| Broad scope manufacturing and distribution - type A | 19,920 | ||
| Broad scope manufacturing and distribution - type B | 17,600 | ||
| Broad scope manufacturing and distribution - type C | 17,600 | ||
| Manufacturing and distribution - other | 5,280 | ||
| Nuclear laundry | 18,640 | ||
| Decontamination services | 4,960 | ||
| Leak test services only | 2,000 | ||
| Instrument calibration service only, less than 100 curies | 2,000 | ||
| Instrument calibration service only, 100 curies or more | 2,000 | ||
| Service, maintenance, installation, source changes, etc. | 4,960 | ||
| Waste disposal service, prepackaged only | 6,000 | ||
| Waste disposal | 8,320 | ||
| Distribution - general licensed devices (sealed sources) | 1,760 | ||
| Distribution - general licensed material (unsealed sources) | 1,120 | ||
| Industrial radiography - fixed location | 9,840 | ||
| Industrial radiography - temporary job sites | 9,840 | ||
| Irradiators, self-shielding, less than 10,000 curies | 2,880 | ||
| Irradiators, other, less than 10,000 curies | 5,360 | ||
| Irradiators, self-shielding, 10,000 curies or more | 2,880 | ||
| Research and development - type A broad scope | 9,520 | ||
| Research and development - type B broad scope | 9,520 | ||
| Research and development - type C broad scope | 9,520 | ||
| Research and development - other | 4,480 | ||
| Storage - no operations | 2,000 | ||
| Source material - shielding | 584 | ||
| Special nuclear material plutonium - neutron source in device | 3,680 | ||
| Pacemaker by-product and/or special nuclear material - medical (institution) | 3,680 | ||
| Pacemaker by-product and/or special nuclear material - manufacturing and distribution | 5,280 | ||
| Accelerator-produced radioactive material | 3,840 | ||
| Nonprofit educational institutions | 300 | ||
| General license registration | 150 |
Subd. 3.Fee categories; incorporation of federal licensing categories.
(a) Fee categories under this section are equivalent to the licensing categories used by the United States Nuclear Regulatory Commission under Code of Federal Regulations, title 10, parts 30 to 36, 39, 40, 70, 71, and 150, except as provided in paragraph (b).
(b) The category of "Academic, small" is the type of license required for the use of radioactive materials in a teaching institution. Radioactive materials are limited to ten radionuclides not to exceed a total activity amount of one curie.
Subd. 4.Application fee.
A licensee must pay an application fee as follows:
| TYPE | APPLICATION FEE | ||
| Academic broad scope - type A | $ 5,920 | ||
| Academic broad scope - type B | 5,920 | ||
| Academic broad scope - type C | 5,920 | ||
| Medical broad scope - type A | 3,920 | ||
| Medical institution - diagnostic and therapeutic | 1,520 | ||
| Medical institution - diagnostic (no written directives) | 1,520 | ||
| Medical private practice - diagnostic and therapeutic | 1,520 | ||
| Medical private practice - diagnostic (no written directives) | 1,520 | ||
| Eye applicators | 1,520 | ||
| Nuclear medical vans | 1,520 | ||
| High dose rate afterloader | 1,520 | ||
| Mobile high dose rate afterloader | 1,520 | ||
| Medical therapy - other emerging technology | 1,520 | ||
| Teletherapy | 5,520 | ||
| Gamma knife | 5,520 | ||
| Veterinary medicine | 960 | ||
| In vitro testing lab | 960 | ||
| Nuclear pharmacy | 4,880 | ||
| Radiopharmaceutical distribution (10 CFR 32.72) | 2,160 | ||
| Radiopharmaceutical processing and distribution (10 CFR 32.72) | 4,880 | ||
| Medical sealed sources - distribution (10 CFR 32.74) | 2,160 | ||
| Medical sealed sources - processing and distribution (10 CFR 32.74) | 4,880 | ||
| Well logging - sealed sources | 1,600 | ||
| Measuring systems - fixed gauge | 960 | ||
| Measuring systems - portable gauge | 960 | ||
| X-ray fluorescent analyzer | 584 | ||
| Measuring systems - gas chromatograph | 960 | ||
| Measuring systems - other | 960 | ||
| Broad scope manufacturing and distribution - type A | 5,920 | ||
| Broad scope manufacturing and distribution - type B | 5,920 | ||
| Broad scope manufacturing and distribution - type C | 5,920 | ||
| Manufacturing and distribution - other | 2,320 | ||
| Nuclear laundry | 10,080 | ||
| Decontamination services | 2,640 | ||
| Leak test services only | 960 | ||
| Instrument calibration service only, less than 100 curies | 960 | ||
| Instrument calibration service only, 100 curies or more | 960 | ||
| Service, maintenance, installation, source changes, etc. | 2,640 | ||
| Waste disposal service, prepackaged only | 2,240 | ||
| Waste disposal | 1,520 | ||
| Distribution - general licensed devices (sealed sources) | 880 | ||
| Distribution - general licensed material (unsealed sources) | 520 | ||
| Industrial radiography - fixed location | 2,640 | ||
| Industrial radiography - temporary job sites | 2,640 | ||
| Irradiators, self-shielding, less than 10,000 curies | 1,440 | ||
| Irradiators, other, less than 10,000 curies | 2,960 | ||
| Irradiators, self-shielding, 10,000 curies or more | 1,440 | ||
| Research and development - type A broad scope | 4,960 | ||
| Research and development - type B broad scope | 4,960 | ||
| Research and development - type C broad scope | 4,960 | ||
| Research and development - other | 2,400 | ||
| Storage - no operations | 960 | ||
| Source material - shielding | 136 | ||
| Special nuclear material plutonium - neutron source in device | 1,200 | ||
| Pacemaker by-product and/or special nuclear material - medical (institution) | 1,200 | ||
| Pacemaker by-product and/or special nuclear material - manufacturing and distribution | 2,320 | ||
| Accelerator-produced radioactive material | 4,100 | ||
| Nonprofit educational institutions | 300 | ||
| General license registration | 0 | ||
| Industrial radiographer certification | 150 |
Subd. 5.Penalty for late payment.
An annual fee or a license renewal fee submitted to the commissioner after the due date specified by rule must be accompanied by an additional amount equal to 25 percent of the fee due.
Subd. 6.Inspections.
The commissioner of health shall make periodic safety inspections of the radioactive material and source and special nuclear material of a licensee. The commissioner shall prescribe the frequency of safety inspections by rule.
Subd. 7.Recovery of reinspection cost.
If the commissioner finds serious violations of public health standards during an inspection under subdivision 6, the licensee must pay all costs associated with subsequent reinspection of the source. The costs shall be the actual costs incurred by the commissioner and include, but are not limited to, labor, transportation, per diem, materials, legal fees, testing, and monitoring costs.
Subd. 8.Reciprocity fee.
A licensee submitting an application for reciprocal recognition of a materials license issued by another agreement state or the United States Nuclear Regulatory Commission for a period of 180 days or less during a calendar year must pay $1,200. For a period of 181 days or more, the licensee must obtain a license under subdivision 4.
Subd. 9.Fees for license amendments.
A licensee must pay a fee of $300 to amend a license as follows:
(1) 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; and
(2) to amend a license requiring review and a site visit including, but not limited to, facility move or addition of processes.
History:
1Sp2001 c 9 art 1 s 29; 2002 c 379 art 1 s 113; 2004 c 236 s 1-4; 2007 c 85 s 1