8 30.52 Inspections.

dix D of Part 20 of this chapter by (a) Each licensee shall afford to the

telephone and telegraph, mailgram, or Commission at all reasonable times op

facsimile any incident in which an atportunity to inspect by product mate

tempt has been made or is believed to rial and the premises and facilities have been made to commit a theft or wherein byproduct material is used or

unlawful diversion of more than 10 stored.

curies of such material at any one (b) Each licensee shall make availa time or more than 100 curies of such ble to the Commission for inspection,

material in any one calendar year. The upon reasonable notice, records kept

initial report shall be followed within by him pursuant to the regulations in a period of fifteen (15) days by a writthis chapter.

ten report submitted to the appropri.

ate NRC Regional Office which sets 8 30.53 Tests.

forth the details of the incident and Each licensee shall perform, or

its consequences. Copies of such writpermit the Commission to perform, ten report shall be sent to the Director such tests as the Commission deems of Inspection and Enforcement, U.S. appropriate or necessary for the ad- Nuclear Regulatory Commission, ministration of the regulations in this

Washington, D.C. 20555. Subsequent part and Parts 31 through 35 of this

to the submission of the written chapter, including tests of:

report required by this paragraph, the (a) Byproduct material;

licensee shall promptly inform the (b) Facilities wherein byproduct ma Office of Inspection and Enforcement terial is utilized or stored;

by means of a written report of any (c) Radiation detection and monitor substantive additional information, ing instruments; and

which becomes available to the licens(d) Other equipment and devices ee, concerning an attempted or apparused in connection with the utilization ent theft or unlawful diversion of trior storage of byproduct material.

tium.

(d) The reports described in this sec(Sec. 161, as amended, Pub. L. 83-703, 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as

tion are not required for tritium posamended, Pub. L. 93-438, 88 Stat. 1243 (42

sessed pursuant to a general license U.S.C. 5841))

provided in Part 31 of this chapter or (30 FR 8185, June 26, 1965, as amended by

for tritium contained in spent fuel. 43 FR 6922, Feb. 17, 1978)

(e) The reports described in para

graph (b) of this section are not re8 30.55 Tritium reports.

quired for (1) tritium produced or pos(a) [Reserved)

sessed within a production or utiliza(b) Except as specified in paragraph tion facility incidental to the oper(d) and (e) of this section, each licens ation of the facility, other than triee who is authorized to possess at any tium intentionally produced by or reone time and location more than covered from a production or utiliza10,000 curies of tritium shall submit to tion facility for any subsequent use. the Commission within thirty (30)

(Sec. 201, Pub. L. 93-438, 88 Stat. 1242 (42 days after March 31 and September 30

U.S.C. 5841)) of each year a statement of his tritium

(37 FR 9208, May 6, 1972, as amended at 38 inventory to the nearest hundredth of

FR 1271, Jan. 11, 1973; 38 FR 2330, Jan. 24, a gram calculated at 10,000 curies per

1973; 40 FR 8785, Mar. 3, 1975; 41 FR 16446, gram. The reports shall be submitted

Apr. 19, 1976; 42 FR 33266, June 30, 1977; 43 to the Department of Energy, Post FR 6922. Feb. 17, 1978; 46 FR 55085, Nov. 6, Office Box E, Oak Ridge, TN 37830, 1981) and shall include the Reporting Identification Symbol (RIS) assigned by

. ENFORCEMENT the Commission to the licensee. (c) Except as specified in paragraph

8 30.61 Modification and revocation of li(d) of this section, each licensee who is

censes. authorized to possess tritium shall (a) The terms and conditions of each report promptly to the appropriate license issued pursuant to the regulaNRC Regional Office listed in Appen- tions in this part and Parts 31 through

263

35 of this chapter shall be subject to terial from any licensee who is not amendment, revision or modification equipped to observe or fails to observe by reason of amendments to the Act, such safety standards to protect or by reason of rules, regulations and health as may be established by the orders issued in accordance with the Commission, or who uses such materiterms of the Act.

als in violation of law or regulation of (b) Any license may be revoked, sus the Commission, or in a manner other pended or modified, in whole or in than as disclosed in the application part, for any material false statement

therefor or approved by the Commisin the application or any statement of

sion. fact required under section 182 of the Act, or because of conditions revealed

[30 FR 8185, June 26, 1965, as amended at by such application or statement of

40 FR 8785, Mar. 3, 1975) fact or any report, record or inspection or other means which would warrant

8 30.63 Violations. the Commission to refuse to grant a li An injunction or other court order cense on an original application, or for may be obtained prohibiting any violaviolation of, or failure to observe any tion of any provision of the Atomic of the terms and provisions of the Act Energy Act of 1954, as amended, or or of any rule, regulation or order of Title II of the Energy Reorganization the Commission.

Act of 1974, or any regulation or order (c) Except in cases of willfulness or

issued thereunder. A court order may those in which the public health, in

be obtained for the payment of a civil terest or safety requires otherwise, no

penalty imposed pursuant to section license shall be modified, suspended or

234 of the Act for violation of section revoked unless, prior to the institution

53, 57, 62, 63, 81, 82, 101, 103, 104, 107, of proceedings therefor, facts or con

or 109 of the Act, or section 206 of the duct which may warrant such action

Energy Reorganization Act of 1974, or shall have been called to the attention

any rule, regulation, or order issued of the licensee in writing and the li

thereunder, or any term, condition, or censee shall have been accorded an op

limitation of any license issued thereportunity to demonstrate or achieve

under, or for any violation for which a compliance with all lawful require

license may be revoked under section ments.

186 of the Act. Any person who will(Secs. 186, 187, 68 Stat. 955; 42 U.S.C. 2236, fully violates any provision of the Act 2237, sec. 161, as amended, Pub. L. 83-703,

or any regulation or order issued 68 Stat. 948 (42 U.S.C. 2201); sec. 201, as

thereunder may be guilty of a crime amended, Pub. L. 93-438, 88 Stat. 1243 (42 U.S.C. 5841))

and, upon conviction, may be punished

by fine or imprisonment or both, as (30 FR 8185, June 26, 1965, as amended at 35 FR 11460, July 17, 1970; 43 FR 6922, Feb.

provided by law. 17, 1978)

(40 FR 8785, Mar. 3, 1975) $ 30.62 Right to cause the withholding or

SCHEDULES recall of byproduct material. The Commission may cause the 830.70 Schedule A-Exempt concentra. withholding or recall of byproduct ma- tions.

11.10 ... 4.10

Arsenic (33)

3 10%
3. 10
8 - 10
1 - 10
2. 10