Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R313. Environmental Quality, Waste Management and Radiation Control, Radiation.

Rule R313-70. Payments, Categories and Types of Fees.

As in effect on October 1, 2019

Table of Contents

R313-70-1. Purpose and Authority.

(1) The purpose of this rule is to prescribe the requirements to assess fees of registrants and licensees possessing sources of radiation.

(2) The rules set forth herein are adopted pursuant to the provisions of Subsection 19-3-104(6).

R313-70-2. Scope.

The requirements of Rule R313-70 apply to persons who receive, possess, or use sources of radiation provided: however, that nothing in these rules shall apply to the extent a person is subject to regulation by the U.S. Nuclear Regulatory Commission.

R313-70-3. Communications.

Communications concerning Rule R313-70 should be addressed to the Director, and may be sent to the Division of Waste Management and Radiation Control, Department of Environmental Quality. Communications may be delivered in person at the Division of Waste Management and Radiation Control offices.

R313-70-5. Payment of Fees.

(1) New Application Fee: Applications for radiation machine registration or radioactive material licensing for which a fee is prescribed, shall be accompanied by a remittance in the full amount of the fee. Applications will not be accepted for filing or processing prior to payment of the full amount specified. Applications for which no remittance is received will be returned to the applicant. Application fees will be charged irrespective of the Director's disposition of the application or a withdrawal of the application.

(2) Annual Fee: Persons and individuals who are subject to licensing or registration of radioactive material or radiation machine registration with the Director under provisions of the Utah Radiation Control Rules, are assessed an annual fee in accordance with categories of Sections R313-70-7 and R313-70-8. The appropriate fee shall be filed annually with the Director, by the due date the Director specifies for registrants or by the anniversary date for licensees. The account of a licensee or registrant that is delinquent on or after 61 days may be transferred to the Office of State Debt Collection in accordance with Section R21-1-5.

(3) Inspection Fee: Persons and entities who, under provisions of the Utah Radiation Control Rules, are subject to radiation machine registration with the Director are assessed an inspection fee in accordance with Section R313-70-8. Fees for inspection of a radiation machine are due within 30 days of receipt of an invoice from the Agency. The inspection account of a registrant that is delinquent on or after 61 days may be transferred to the Office of State Debt Collection in accordance with Section R21-1-5.

(4) Failure to pay the prescribed fee: the Director will not process applications and may suspend or revoke licenses or registrations or may issue an order with respect to the activities as the Director determines to be appropriate or necessary in order to carry out the provisions of this part of Rule R313-70, and of the Act.

(a) General license certificates of registration and new specific licenses issued pursuant to the provisions in Rules R313-21 or R313-22, will be valid for a period of five years unless failure to submit appropriate fee occurs. Specific license renewals issued pursuant to the provisions in Rule R313-22 may be valid for a period of ten years or less in accordance with Subsections R313-22-34(1)(b) and (1)(c). Machine registrations will be valid for one year during the schedule established by the Director in accordance with Section R313-16-230. Failure to submit appropriate fees will render the license, certificate or registration invalid, at which time a new application with appropriate fees shall be submitted.

(b) Renewal applications shall be filed in a timely manner in accordance with Sections R313-22-37 or R313-16-230. The radioactive material license will expire on the date specified on the license. A general license certificate of registration will expire on the date specified on the certificate of registration. A radiation machine registration will expire as outlined in Section R313-16-230. The Director may renew an expired license if the licensee provides information that explains why the renewal application was not submitted pursuant to the provisions in Subsection R313-22-36(1) and other information the Director may request to determine that issuance of the license will not be inimical to the health and safety of the public.

(5) Method of Payment: Fees shall be made payable to: Division of Waste Management and Radiation Control, Department of Environmental Quality.

R313-70-7. License Categories and Types of Fees for Radioactive Materials Licenses.

Fees shall be established in accordance with Section 63j-1-504. Copies of established fee schedules may be obtained from the Director.

                                                     TABLE

     LICENSE CATEGORY          TYPE OF FEE

     (1)  Special Nuclear
     Material
     (a)  Licenses for         New License or Renewal
     possession and use        Annual Fee
     of special nuclear
     material in sealed
     sources contained
     in devices used in
     industrial
     measuring systems,
     including x-ray
     fluorescence
     analyzers and neutron
     generators.
     (b)  Licenses for         New License or Renewal
     possession and use        Annual Fee
     of less than 15 g
     special nuclear
     material in
     unsealed form for
     research and
     development.
     (c)  All other            New License or Renewal
     special nuclear           Annual Fee
     material licenses.
     (d)  Special              New License or Renewal
     nuclear material          Annual Fee
     to be used as
     calibration and
     reference sources.
     (2)  Source
     Material.
     (a)  Licenses for         New License or Renewal
     concentrations            Annual Fee
     of uranium from           Review Fees
     other areas like
     copper or phosphates
     for the production
     of moist, solid,
     uranium yellow
     cake.
     (b)  Licenses for         Monthly fee for active
     possession and use        or inactive mill
     of source material        Review Fees
     in extraction
     facilities such as
     conventional milling,
     in-situ leaching, heap
     leaching, and other
     processes including
     licenses authorizing
     the possession of
     byproduct material
     (tailings and other
     wastes) from source
     material extraction
     facilities, as well
     as licenses authorizing
     the possession and
     maintenance of a
     facility in a standby
     mode, and licenses that
     authorize the receipt
     of byproduct material,
     as defined in Section
     19-3-102, from other
     persons for possession and
     disposal incidental to the
     disposal of the uranium waste
     tailings generated by the
     licensee's milling
     operations.
     (c)  Licenses that        Application Fee
     authorize the receipt of  New License or Renewal
     byproduct material, as    Monthly Fee
     defined in Section
     19-3-102, from other
     persons for possession
     and disposal.
     (d)  Licenses for         New License or Renewal
     possession and use of     Annual Fee
     source material for
     shielding.
     (e)  All other            New License or Renewal
     source material           Annual Fee
     licenses.
     (3)  Radioactive
     Material Other
     than Source
     Material and
     Special Nuclear
     Material.
     (a)(i)  Licenses of       New License or Renewal
     broad scope for           Annual Fee
     possession and use of
     radioactive material
     for processing or
     manufacturing of
     items containing
     radioactive
     material for
     commercial
     distribution.
     (a)(ii)  Other            New License or Renewal
     licenses for              Annual Fee
     possession and use of
     radioactive material
     for processing or
     manufacturing of items
     containing radioactive
     material for commercial
     distribution.
     (b)  Licenses             New License or Renewal
     authorizing the           Annual Fee
     processing or
     manufacturing and
     distribution or
     redistribution of
     radio-
     pharmaceuticals,
     generators, reagent
     kits, or sources or
     devices containing
     radioactive material.
     (c)  Licenses             New License or Renewal
     authorizing               Annual Fee
     distribution or
     redistribution of
     radiopharmaceuticals,
     generators, reagent
     kits, or sources or
     devices not
     involving
     processing of
     radioactive
     material.
     (d)  Licenses for         New License or Renewal
     possession and            Annual Fee
     use of radioactive
     material for
     industrial
     radiography
     operations.
     (e)  Licenses for         New License or Renewal
     possession and use        Annual Fee
     of sealed sources
     for irradiation
     of materials
     in which
     the source is not
     removed from its
     shield (self-
     shielded units).
     (f)(i)  Licenses for      New License or Renewal
     possession and use        Annual Fee
     of less than
     10,000 curies of
     radioactive
     material in sealed
     sources for
     irradiation of
     materials in which
     the source
     is exposed for
     irradiation purposes.
     (f)(ii)  Licenses         New License or Renewal
     for possession            Annual Fee
     and use of 10,000
     curies or more
     of radioactive
     material in sealed
     sources for
     irradiation
     of materials in
     which the source
     is exposed
     for irradiation
     purposes.
     (g)  Licenses to          New License or Renewal
     distribute items          Annual Fee
     containing
     radioactive
     material that
     require device
     review to persons
     exempt from the
     licensing
     requirements of
     Rule R313-19, except
     specific licenses
     authorizing
     redistribution of
     items that have
     have been authorized
     for distribution to
     persons exempt from
     the licensing
     requirements of
     Rule R313-19.
     (h)  Licenses to          New License or Renewal
     distribute items          Annual Fee
     containing
     radioactive
     material or
     quantities of
     radioactive material
     that do not require
     device evaluation to
     persons exempt
     from the licensing
     requirements of
     Rule R313-19, except
     for specific licenses
     authorizing
     redistribution of
     items that have been
     authorized for
     distribution to
     persons exempt from
     the licensing
     requirements of
     Rule R313-19.
     (i)  Licenses to          New License or Renewal
     distribute items          Annual Fee
     containing radio-
     active material
     that require sealed
     source or device
     review to persons
     generally licensed
     under Rule R313-21,
     except specific
     licenses authorizing
     redistribution of
     items that have been
     authorized for
     distribution to
     persons generally
     licensed under
     Rule R313-21.
     (j)  Licenses to          New License or Renewal
     distribute                Annual Fee
     items containing
     radioactive material
     or quantities of
     radioactive material
     that do not require
     sealed source or
     device review to
     persons generally
     licensed under
     Rule R313-21, except
     specific licenses
     authorizing
     redistribution of
     items that have been
     authorized for
     distribution to
     persons generally
     licensed under
     Rule R313-21.
     (k)  Licenses for         New License or Renewal
     possession and use        Annual Fee
     of radioactive
     material for
     research and
     development,
     which do not
     authorize commercial
     distribution.
     (l)  All other            New License or Renewal
     specific radioactive      Annual Fee
     material licenses.
     (m)  Licenses of          New License or Renewal
     broad scope for           Annual Fee
     possession and use of
     radioactive material
     for research and
     development
     which do
     not authorize
     commercial
     distribution.
     (n)  Licenses that        New License or Renewal
     authorize services        Annual Fee
     for other licensees,
     except licenses that
     authorize leak
     testing or waste
     disposal services
     which are subject to
     the fees specified
     for the listed
     services.
     (o)  Licenses that        New License or Renewal
     authorize                 Annual Fee
     services for
     leak testing only.
     (4)  Radioactive
     Waste Disposal:
     (a)  Licenses             Application Fee
     specifically              New License or Renewal
     authorizing the           Siting Review Fee
     receipt of
     waste radioactive
     material from other
     persons for the
     purpose of
     commercial disposal
     by land by the
     licensee.
     (b)  Licenses             New License or Renewal
     specifically              Annual Fee
     authorizing the
     receipt of waste
     radioactive material
     from other persons
     for the purpose of
     packaging or
     repackaging the
     material.  The
     licensee will
     dispose of the
     material by
     transfer to
     another person
     authorized to
     receive or
     dispose of the
     material.
     (c)  Licenses             New License or Renewal
     specifically              Annual Fee
     authorizing the
     receipt of
     prepackaged waste
     radioactive
     material from
     other persons.
     The licensee will
     dispose of the
     material by
     transfer to
     another person
     authorized to
     receive or dispose
     of the material.
     (d) Licenses              New License or Renewal
     authorizing               Annual Fee
     packaging of
     radioactive waste
     for shipment
     to waste disposal
     site where licensee
     does not take
     possession of
     waste material.
     (5)  Well logging,
     well surveys and
     tracer studies.
     (a)  Licenses for         New License or Renewal
     possession                Annual Fee
     and use of
     radioactive material
     for well logging,
     well surveys and
     tracer studies other
     than field flooding
     tracer studies.
     (b)  Licenses for         New License or Renewal
     possession and use of     Annual Fee
     radioactive material
     for field flooding
     tracer studies.
     (6)  Nuclear
     laundries.
     (a)  Licenses for         New License or Renewal
     commercial                Annual Fee
     collection and
     laundry of items
     contaminated with
     radioactive
     material.
     (7)  Human use of
     radioactive
     material.
     (a)  Licenses             New License or Renewal
     for human use             Annual Fee
     of radioactive
     material in
     sealed sources
     contained in
     teletherapy
     devices.
     (b)  Other licenses       New License or Renewal
     issued for human          Annual Fee
     use of radioactive
     material, except
     licenses for use
     of radioactive
     material contained
     in teletherapy
     devices.
     (c)  Licenses of          New License or Renewal
     broad scope issued        Annual Fee
     to medical
     institutions or two
     or more physicians
     authorizing research
     and development,
     including human use
     of radioactive
     material, except
     licenses for radio-
     active material in
     sealed sources
     contained in
     teletherapy devices.
     (8)  Civil Defense.
     (a)  Licenses for         New License or Renewal
     possession and use        Annual Fee
     of radioactive
     material for civil
     defense activities.
     (9)  Power Source.
     (a)  Licenses for         New License or Renewal
     the manufacture and       Annual Fee
     distribution of
     encapsulated
     radioactive
     material wherein
     the decay energy
     of the material is
     used as a source
     for power.
     (10)  General
     License.
     (a)  Measuring,           Fee per device
     gauging and
     control devices as
     described in Subsection
     R313-21-22(4),
     other than
     hydrogen-3 (tritium)
     devices and
     polonium-210
     devices containing
     no more than 10
     millicuries used
     for producing light
     or an ionized
     atmosphere.
     (b)  In Vitro testing     Fee per registration certificate
     (c)  Depleted uranium     Fee per registration certificate
     (d)  Reciprocal           Annual fee for license category
     recognition, as           listed in R313-70-7(1) through
     provided for in           (10), per 180 days in one calendar
     Section R313-19-30, of a  year
     license issued by
     the U.S. Nuclear
     Regulatory Commission,
     an Agreement State or
     a Licensing State.
                                                            

R313-70-8. Registration and Inspection Categories and Types of Fees for Registration of Radiation Machines.

(1) For machines registered under Section R313-16-230, registrants will pay an annual registration fee and an inspection fee that shall be established in accordance with Section 63j-1-504. Copies of established fee schedules may be obtained from the Director.

                                                     TABLE

FACILITY TYPE               TYPE OF FEE

Hospital/Therapy            Registration        Annual per control
                                                unit and first
                                                tube plus annual
                                                per each
                                                additional tube
                                                connected to a
                                                control unit.
                           State Inspection     Per tube.
Medical                    Registration         Annual per control
                                                unit and first
                                                tube plus annual
                                                per each
                                                additional tube
                                                connected to a
                                                control unit.
                           State Inspection     Per tube.
Podiatry                   Registration         Annual per control
                                                unit and first
                                                tube plus annual
                                                per each
                                                additional tube
                                                connected to a
                                                control unit.
                           State Inspection     Per tube.
Veterinary                 Registration         Annual per control
                                                unit and first
                                                tube plus annual
                                                per each
                                                additional tube
                                                connected to a
                                                control unit.
                           State Inspection     Per tube.
Chiropractic               Registration         Annual per control
                                                unit and first
                                                tube plus annual
                                                per each
                                                additional tube
                                                connected to a
                                                control unit.
                           State Inspection     Per tube.
Dental                     Registration         Annual per control
                                                unit and first
                                                tube plus annual
                                                per each
                                                additional tube
                                                connected to a
                                                control unit.
                           State Inspection     Per control unit
                                                and first tube
                                                plus each
                                                additional tube
                                                connected to a
                                                control unit.
Industrial Facility        Registration         Annual per control
with High or Very                               unit and first
High Radiation                                  tube plus annual
Areas Accessible to                             per each
Individuals                                     additional tube
                                                connected to a
                                                control unit.
                           State Inspection     Per tube.
Industrial Facility        Registration         Annual per control
with Cabinet X-ray                              unit and first
or Units Designed                               tube plus annual
for Other Industrial                            per each
Purposes                                        additional tube
                                                connected to a
                                                control unit.
                           State Inspection     Per tube.
Other                      Registration         Annual per control
                                                unit and first
                                                tube plus annual
                                                per each
                                                additional tube
                                                connected to a
                                                control unit.
                           State Inspection     Per tube.
Acceptance of work,                             Per tube reviewed.
performed by a
person meeting the
qualifications in
Section R313-16-292, that
demonstrates
compliance with
these rules.
                                                            

R313-70-9. Other Fees for Services.

                                                     TABLE

     (1)  Expedited               Hourly
     application review.
     Applicable when,
     by mutual consent
     of the applicant
     and affected staff,
     an application
     request is taken
     out of date order
     and processed by
     staff during
     non-work hours.

     (2)  Review of plans for     Plan Review Plus Hourly
     decommissioning,
     decontamination,
     reclamation, or
     site restoration
     activities.

     (3)  Management and          Actual Cost
     oversight of
     impounded
     radioactive
     material.

     (4)  License amendment,      Amendment Fee
     for greater than
     three applications
     in a calendar year.
                                                            

KEY

radioactive materials, x-rays, registration, fees

Date of Enactment or Last Substantive Amendment

October 21, 2014

Notice of Continuation

July 1, 2016

Authorizing, Implemented, or Interpreted Law

19-3-104(6)


Additional Information

Contact

For questions regarding the content or application of rules under Title R313, please contact the promulgating agency (Environmental Quality, Waste Management and Radiation Control, Radiation). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.