Section 331.110  Exemptions

No fees as described in Sections 331.115 and 331.120 shall be required for:

a)         Persons who possess radioactive material pursuant to 32 Ill. Adm. Code 330.210 or 330.220, except for primary material use categories 209A and B as described in Appendix E.

b)         A license for possession and use of radioactive material issued to an agency of a state, county or municipal government or any political subdivision of these governments.  This exemption does not apply to licenses for which the license fee is based on full cost recovery, licenses that authorize distribution of radioactive material or licenses authorizing testing for leakage or contamination as a service, or instrument calibration services to any person other than an agency or political subdivision of a state, county or municipal government.

c)         A license for possession and use of radioactive material issued to an educational institution as defined in Section 331.30.  This exemption does not apply to licenses for which the license fee is based on full cost recovery, licenses authorizing commercial distribution of radioactive material, licenses authorizing human use of radioactive material, licenses authorizing veterinary use of radioactive material, or licenses authorizing remunerated testing of sealed sources for leakage or contamination or remunerated instrument calibration services to any person.

AGENCY NOTE:  Commercial distribution does not include transfer of material to other licensees for the purposes of collaborative research and development.

AGENCY NOTE:  Remunerated services refer to persons not affiliated with the licensee.  For example, this does not include contractual arrangements between different agencies within the same licensee.

d)         An application to amend a materials license for which the license fee is not based on full cost recovery, that would not change the primary material use category to a category with a higher fee or add additional permanent jobsites.

e)         A general license or specific license authorizing the use of source material as prefabricated shielding only for devices and containers, provided, however, that all other licensed material in the device or container shall be subject to the fees prescribed in Appendix F.

f)         An application to change the status of a sealed source or device evaluation from "active" to "inactive".  Upon request of the manufacturer or distributor, an evaluation is designated "inactive" by the Agency when those sources and devices are no longer manufactured or distributed, or when the evaluation is superseded by another evaluation.

g)         An application to change the company name or address listed on a sealed source or device evaluation.

(Source:  Amended at 36 Ill. Reg. 17387, effective November 30, 2012)