Section 330.240  Filing Applications for Specific Licenses

a)         Application requirements:

1)         Applications for the issuance, renewal or amendment of specific licenses shall be submitted in English.

AGENCY NOTE:  Applications involving Agency evaluation of a sealed source or device containing radioactive material shall be in accordance with the requirements of this Section.

2)         Applications for initial issuance, amendment and renewal of specific licenses shall be in the format prescribed by the Agency. Each application filed shall be complete with all requested information submitted, including all applicable attachments.  The Agency may at any time after the filing of the original application, and before the expiration or termination of the license, require further statements from the applicant or licensee to enable the Agency to determine whether the application should be granted or denied or whether an existing license should be modified or revoked in accordance with Section 330.500.

3)         Each application shall include all information required by this Part and any other Parts of 32 Ill. Adm. Code: Chapter II, Subchapters b and d, applicable to the requested authorizations.

4)         An application may incorporate by reference information contained in previous applications, statements or reports filed with the Agency, provided the references are clear and specific.

5)         Each application and each request for amendment shall be signed by the applicant, licensee, or a person duly authorized in writing to act for and on the licensee or applicant's behalf.

6)         Each application shall identify the Radiation Safety Officer.  The proposed activities shall be under the same administrative control for radiation safety purposes and the same radiation protection program.

7)         An application may request authority to receive, possess, utilize, manufacture, distribute, transfer, own or acquire radioactive material or devices or equipment utilizing or producing radioactive materials.  The request can include one or more of these activities.

8)         An application for a specific license to authorize receipt, possession or use of radioactive material in the form of a sealed source or in a device that contains a sealed source:

A)        Shall identify the sealed source or device that contains a sealed source by manufacturer and model as registered with the U.S. Nuclear Regulatory Commission under 10 CFR 32.210, or with an Agreement State or, for a source or device containing naturally occurring or accelerator-produced material, with a state under provisions comparable to 10 CFR 32.210; or

B)        Shall contain the information identified in Section 330.280(m); or

C)        Shall describe, for a sealed source or device containing radioactive material manufactured prior to October 23, 2015, that is not registered with NRC in accordance with 10 CFR 32.210 or with an Agreement State and for which the applicant is unable to provide the information described in Section 330.280(m)(3):

i)          The information required by Section 330.280(m)(3) concerning the source and, if applicable, the device; and

ii)         Sufficient additional information to demonstrate that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property.  The information shall include a description of the source or device, a description of radiation safety features, the intended use and associated operating experience, and the results of a recent leak test; or 

D)        For sealed sources and devices allowed to be distributed without

registration of safety information in accordance with Section 330.280(m)(7), may describe only the manufacturer, model number, radionuclide and quantity; or 

E)        If it is not feasible to identify each sealed source and device individually, may propose constraints on the number and type of sealed sources and devices to be used and the conditions under which they will be used, in lieu of identifying each sealed source and device.

9)         For each location to be listed on the license as an authorized use location, the applicant shall submit:

A)         A statement that the applicant owns the facility where radioactive material is used or stored; or

B)         A signed acknowledgement from the facility owner or authorized representative of the owner that the owner is aware radioactive material is being or will be used or stored at the facility; or

C)         A copy of a letter or statement from the facility owner or authorized representative of the owner indicating that the owner is aware that radioactive material is being used or will be used or stored at the facility.

AGENCY NOTE:  Subsection 10(11) of the Radiation Protection Act of 1990, 420 ILCS 40, requires the Agency to provide written notice of an application for a new license for a fixed location facility or a license amendment for a new location for a facility to the municipality, or county where appropriate, where the facility is located.

10)        The applicant shall ensure that all applicable fees specified in 32 Ill. Adm. Code 331 are paid in full when due.

11)        The applicant shall address the Emergency Plan requirements of Section 330.250(e), when applicable.

b)         Review of application or amendment request.  When evaluating an application or an amendment request, the Agency shall consider:

1)         The completeness of the application or amendment request;

2)         The complexity, similarity and proximity of the proposed activities;

3)         The radiation protection program proposed by the applicant to ensure the protection of the licensee's personnel, the public and the environment;

4)         The qualifications and experience of the applicant's proposed Radiation Safety Officer and authorized users; and

5)         The applicant's history of compliance.

c)         Public access to information.  Public inspection of applications and other documents submitted to the Agency pursuant to this Section shall be in accordance with 2 Ill. Adm. Code 1800 and the requirements of the Freedom of Information Act [5 ILCS 140].

(Source:  Amended at 46 Ill. Reg. 866, effective December 21, 2021)