Rule 391-3-17-.10. Administration.

Georgia Administrative Code

Department 391. RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES

Chapter 391-3. ENVIRONMENTAL PROTECTION

Subject 391-3-17. RADIOACTIVE MATERIALS

Current through Rules and Regulations Filed through July 9, 2019

Rule 391-3-17-.10. Administration

(1) Scope. The provisions of this Rule, 391-3-17-.10, shall apply to the administrative procedures required by this Chapter.
(2) Administration.
(a) Administrative Examination of Applications. Applications for the issuance of a license, amendment of a license at the request of the holder, and renewal of a license will be given a docket or other identifying number for administrative examination. The applicant may be required to submit additional information and may be requested to confer informally regarding the application. The Division will give to others such notice of the filing of applications as is required under the applicable provisions of this Chapter and such additional notices as it deems appropriate.
(b) Effect of Timely Renewal Application. In the case of an application for renewal, if the licensee has made application for the renewal of an existing license at least 30 days prior to its expiration date, the license shall not be deemed to have expired until such application shall have been determined.
(c) Filing of Papers. Unless otherwise specified, papers required to be filed with the Division shall be filed with the Environmental Protection Division, Radioactive Materials Program, 4244 International Parkway, Suite 120 Atlanta, Georgia 30354. Papers required to be filed with the Division shall be deemed filed upon actual receipt with the Division at the location specified. Unless otherwise specified, the filing, when by mail, shall upon actual receipt be deemed complete as of the date of deposit in the mail. Papers may be filed at the Division's offices in Atlanta, Georgia.
(d) Payment of Fees. All licensees shall remit annual fees, in accordance with Table 1, the Radioactive Materials License Fee Schedule. Licensees shall be invoiced for annual fees. Such fees shall be due and payable thirty (30) days after the invoice date. Fees for applications for licenses shall accompany the request. Licensees with fees which are delinquent shall not have any request for amendment or renewal of their licenses, except in the interest of public health and safety, honored by the Division until such fees are paid in full or a payment plan has been accepted by the Division.

Table 1

Radioactive Materials License Fee Schedule

License Category

Fee Category

New License Application Fee

Annual Fee, Nominal

Annual Fee, Small Entity [See subparagraph (e)]

Annual Fee, Lower Tier [See subparagraph (f)]

Medical Teletherapy

A.1.a

$3,256.00

$6,623.00

$2,026.50

$1,212.75

Stereotactic Radiosurgery (i.e., Gamma Knife)

A.1.b

$3,256.00

$6,623.00

$2,026.50

$1,212.75

Broad Medical

A.10

$3,145.00

$17,057.00

$4,550.00

$3,736.25

Eye Applicators

A.11

$999.00

$3,182.00

$1,982.75

$1,169.00

Source Material

A.12

$1,998.00

$4,588.00

$435.75

$435.75

Depleted Uranium

A.12

$222.00

$666.00

$266.00

$266.00

Institutional Medical-Mult. Use (Including HDR)

A.2.a

$999.00

$3,182.00

$3,150.00

$2,336.25

Institutional Medical-Mult. Use

A.2.b

$999.00

$3,182.00

$1,982.75

$1,169.00

Institutional Medical-Mult. Use (diagnostic only)

A.2.c

$999.00

$3,182.00

$1,750.00

$936.25

Institutional Medical-Single Use (therapy only)

A.3

$999.00

$3,182.00

$1,982.75

$1,169.00

Private Practice (Therapy-HDR)

A.4.a

$999.00

$3,182.00

$3,150.00

$2,336.25

Private Practice (Limited Therapy)

A.4.b

$999.00

$3,182.00

$1,982.75

$1,169.00

Private Practice (Diagnostic Only)

A.4.c

$999.00

$3,182.00

$1,837.50

$1,023.75

Private Practice (Veterinary)

A.4.d

$555.00

$1,813.00

$1,750.00

$936.25

In-Vitro Specific Licenses

A.5

$555.00

$1,813.00

$1,470.00

$831.25

In-Vitro General Licenses

A.6

$0.00

$100.00

$100.00

$100.00

Bone Mineral Analyzers

A.7

$999.00

$3,182.00

$1,750.00

$936.25

Nuclear Pharmacy

A.8.a.1

$2,405.00

$6,253.00

$3,990.00

$3,176.25

Medical Manufacturer for Distribution

A.8.a.2

$2,405.00

$6,253.00

$2,357.25

$1,543.50

Medical Distribution or Redistribution Only (sealed

A.8.b.1

$1,885.72

$3,717.19

$1,692.25

$878.50

Moeudrciceasl) Distribution or Redistribution Only (GL)

A.8.b.2

$407.00

$1,184.00

$1,184.00

$691.25

Mobile Nuclear Medicine

A.9.a

$999.00

$3,182.00

$2,275.00

$1,461.25

Mobile HDR

A.9.b

$999.00

$3,182.00

$2,275.00

$1,461.25

Special Nuclear Material (sealed sources in devices)

B.1.a

$481.00

$1,332.00

$1,036.00

$572.25

Special Nuclear Material (power sources in devices)

B.1.b

$925.00

$2,701.00

$990.50

$526.75

Special Nuclear Material (other)

B.2

$925.00

$2,701.00

$1,895.25

$1,081.50

Pacemaker, Byproduct or SNM -- Medical Inst

B.3

$999.00

$3,182.00

$1,895.25

$1,081.50

Industrial Mfg. for Distribution

C.1

$1,628.00

$4,588.00

$2,437.75

$1,624.00

Installed Gauges

C.10.a

$555.00

$1,813.00

$1,470.00

$831.25

Gas Chromatograph, etc.

C.10.b

$555.00

$1,813.00

$1,400.00

$761.25

Portable Moisture Density Gauges, Pb analyzers, etc.

C.11

$555.00

$1,813.00

$1,750.00

$1,111.25

Calibration Sources

C.12.a

$555.00

$1,813.00

$1,750.00

$1,111.25

Calibration Sources (Radium)

C.12.b

$555.00

$1,813.00

$1,349.25

$710.50

Decontamination Services

C.13.a

$2,368.00

$5,513.00

$2,100.00

$1,461.25

Industrial (other) (NORM) (Gauge Service)

C.13.b

$2,368.00

$5,513.00

$1,750.00

$1,111.25

Contaminted Equipment

C.14

$555.00

$1,813.00

$1,349.25

$710.50

In-house Industrial Radiography

C.2

$1,480.00

$9,583.00

$3,780.00

$2,966.25

Multiple Job-Site Industrial Radiography

C.3

$1,480.00

$9,583.00

$3,780.00

$2,966.25

Gamma Irradiators (Self-Shielded)

C.4.a

$1,184.00

$3,367.00

$1,135.75

$672.00

Gamma Irradiators (<10K Ci)

C.4.b.1

$2,368.00

$5,735.00

$1,750.00

$936.25

Gamma Irradiators (>10K<100K Ci)

C.4.b.2

$22,644.00

$52,133.00

$4,462.50

$3,648.75

Gamma Irradiators (>100K<1M Ci)

C.4.b.3

$22,644.00

$52,133.00

$8,050.00

$7,236.25

Gamma Irradiators (>1M Ci)

C.4.b.4

$22,644.00

$52,133.00

$17,675.00

$16,861.25

Broad Scope Distribution, Specific (Type A)

C.5.a.1

$4,736.00

$16,095.00

$5,215.00

$4,401.25

Broad Scope Distribution, Specific (Type B)

C.5.a.2

$4,736.00

$16,095.00

$2,765.00

$1,951.25

Broad Scope Distribution, Specific (Type C)

C.5.a.3

$4,736.00

$16,095.00

$2,275.00

$1,461.25

GL Distribution (source and / or device evaluation)

C.5.b

$740.00

$1,776.00

$1,655.50

$841.75

GL Distribution (no source and /or device evaluation)

C.5.c

$407.00

$1,184.00

$1,184.00

$967.75

Possession Incident to NRC Exempt Distribution

C.6.c

$555.00

$1,813.00

$1,739.50

$925.75

Well Logging /Tracers

C.7.a

$1,221.00

$3,774.00

$2,217.25

$1,403.50

Field Flooding Studies

C.7.b

$857.15

$2,933.85

$1,750.00

$1,111.25

Nuclear Laundries

C.8

$8,066.00

$17,057.00

$2,590.00

$1,776.25

Industrial Research & Development

C.9

$1,295.00

$3,219.00

$1,902.25

$1,088.50

Broad Scope (Academic) (Type A & B)

D.1.a

$1,998.00

$5,439.00

$2,563.75

$1,750.00

Broad Scope (Academic) (Type C)

D.1.b

$1,998.00

$5,439.00

$2,075.50

$1,261.75

Broad Scope (Industrial R&D) (Type A)

D.2.a

$1,998.00

$5,439.00

$2,563.75

$1,750.00

Broad Scope (Industrial R&D) (Type B)

D.2.b

$1,998.00

$5,439.00

$2,292.50

$1,478.75

Broad Scope (Industrial R&D) (Type C)

D.2.c

$1,998.00

$5,439.00

$2,075.50

$1,261.75

Broad Scope (Medical Manufacturer for Distribution) (R&D)

D.3

$2,405.00

$5,735.00

$2,765.00

$1,951.25

Civil Defense (Emergency Management)

E.1

$925.00

$3,330.00

$1,256.50

$617.75

Civil Defense (Emergency Response)

E.2

$925.00

$3,330.00

$1,188.25

$549.50

Teletherapy Service Co.

F

$2,368.00

$5,513.00

$1,902.25

$1,088.50

Consultants (Leak Testing Service)

G

$555.00

$1,813.00

$1,349.25

$411.25

G L Devices (except tritium safety signs)

GL

$0.00

$100.00

$100.00

$100.00

Academic (Non-Broad)

I

$1,295.00

$3,219.00

$1,400.00

$761.25

Device Evaluation

J.1

$4,595.40

$5,350.20

$1,050.00

$236.25

Source Evaluation

J.2

$1,709.40

$2,319.90

$875.00

$236.25

Radioactive Waste Disposal-Burial

L.1

$154,286.53

$155,200.77

$39,550.00

$38,736.25

Radioactive Waste Disposal-Incineration

L.2

$154,286.53

$155,200.77

$39,550.00

$38,736.25

Radioactive Waste, Processing & Repackaging

L.3.a

$3,108.00

$11,840.00

$5,390.00

$4,576.25

Radioactive Waste, Prepackaged

L.3.b

$1,813.00

$5,513.00

$3,552.50

$2,738.75

Reciprocity

K.

appropriate nominal annual fee

(e) Small Entity

The size standards for Georgia small entities are as follows:

1. A small business is a business with annual receipts of $3.5 million or less except private practice physicians for which the standard is annual receipts of $1 million or less.
2. A small organization is a not-for-profit organization which is independently owned and operated and has annual receipts of $3.5 million or less.
3. Small governmental jurisdictions are governments of cities, counties, towns, school districts, or special districts with a population of less than 50,000.
4. A small educational institution is one that is (1) supported by a qualifying small governmental jurisdiction, or (2) one that is not state or publicly supported and has 500 employees or less.
(f) Small Entity Lower Tier

Small businesses and not-for-profit organizations with annual receipts of less than $250,000 and small governmental jurisdictions with populations of less than 20,000 qualify for the lower tier small entity fee.

(3) Penalties.
(a) Any person who engages in any of the following conduct shall be guilty of a misdemeanor as found in O.C.G.A. Section 31-13-13 :
1. Hindering, obstructing, or otherwise interfering with any representative of the Department in the discharge of his official duties in making inspections or impounding radioactive materials as provided in Code Section 31-13-5 and 31-13-11 respectively; or
2. Violating the provisions of Code Section 31-13-7 (permits for disposal of radioactive waste; bonding of permittees), or any Rule or Regulation promulgated thereunder; or
3. Violating the provisions of Code Section 31-13-12 (Prohibited Uses of Sources of Radiation).
(b) Any person who submits any false statements or writings, concealment of facts, and fraudulent documents in matters within the jurisdiction of the Division shall be guilty of a felony as found in O.C.G.A. Section 16-10-20 :
1. A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of the Division shall, upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.
(c) Any person who:
1. Violates any licensing provision of this 31-13-1, et. seq., or any Rule, Regulation, or Order issued under 31-13-1, et. seq., or any term, condition, or limitation of any license issued under this Chapter; or
2. Commits any violation for which a license may be revoked under rules or regulations issued pursuant to this 31-13-1, et. seq., may be subject to a civil penalty, to be imposed by the Division, not to exceed $10,000.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.
3. If a violation is found to exist during an inspection or visit and is then found to exist on a subsequent inspection or visit, there shall arise a rebuttable presumption that the violation continued throughout the period of time between the initial inspection or visit and the subsequent inspection or visit.
(d) Whenever the Division proposes to subject a person to the imposition of a civil penalty, it shall notify such person in writing:
1. Setting forth the date, facts, and nature of each act or omission with which the person is charged.
2. Specifically identifying the particular provision or provisions of the Code section, Rule, Order, or license condition involved in the violation; and
3. Advising of each penalty which the Division proposes to impose and its amount.
(e) Such written notice shall be sent by registered or certified mail by the Division to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within ten days from receipt of such notice, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the Division, if any, the penalty may be collected by civil action.
(f) Upon receipt of a written response from the person so notified, alleging that a penalty should not be imposed, the Director shall consider the response and make a final decision on the appropriateness and amount of the penalty. The Division may, at its discretion, conduct an onsite inspection in order to make a final decision. In making this decision, the Director may, as deemed appropriate by the Director, consider such factors as: errors concerning the amount or nature of the penalty, corrective action taken by the licensee, and approved disposal of radioactive material by the licensee.
(g) The Division shall inform the licensee of its final decision by registered or certified mail to the last known address of the licensee. Within 10 days of receipt of the Division's final determination concerning the civil penalty, the licensee may request an administrative hearing pursuant to the Georgia Administrative Procedure Act, O.C.G.A. 50-13-1, et. seq.

Cite as Ga. Comp. R. & Regs. R. 391-3-17-.10

Authority: O.C.G.A. § 31-13-1 et seq., as amended.

History. Rule entitled "Administration" adopted. F. Feb. 24, 1994; eff. Mar. 16, 1994.

Amended: F. Oct. 4, 1994; eff. Oct. 24, 1994.

Amended: F. Apr. 16, 1997; eff. May 6, 1997.

Amended: F. Mar. 29, 2002; eff. Apr. 18, 2002.

Amended: F. Aug. 16, 2013; eff. Sept 5, 2013.

Amended: F. Jan. 28, 2019; eff. Feb. 17, 2019.