DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Hazardous Materials and Waste Management Division
6 CCR 1007-1
State Board of Health
RULES AND REGULATIONS PERTAINING TO RADIATION CONTROL
PART 12:
FEES FOR MATERIALS LICENSES AND OTHER RADIATION CONTROL SERVICES
12.1	Purpose and Scope.
12.1.1	Authority.
Rules and regulations set forth herein are adopted pursuant to the provisions of Sections 25‑1‑108, 25‑1.5‑101(1)(k) and 25‑1.5‑101(1)(l), and 25‑11‑104(6), CRS.
12.1.2	Basis and Purpose.
A statement of basis and purpose of these regulations is incorporated as part of these regulations; a ACCOMPANIES THIS PART AND CHANGES TO THIS PART.  A copy may be obtained from the Department.
12.1.3	Scope
The regulations in this part establish fees for radiation control services rendered by the Department as authorized by the Act.
12.1.4	Applicability
Except for persons who apply for, or hold specific licenses exempted in 12.3, the regulations in this part apply to radiation control services for a person who is an applicant for, or holder of, a specific radioactive material license or a general radioactive material license, issued pursuant to Part 3 of these regulations. This part also applies to a specific request for evaluation of sealed sources and devices containing radioactive material, for a special project review, which the Department completes or makes whether or not in conjunction with a license application on file or which may be filed, and for other services as specified in this part.
12.1.5	PUBLISHED MATERIAL INCORPORATED BY REFERENCE.
PUBLISHED MATERIAL INCORPORATED IN PART 12 BY REFERENCE IS AVAILABLE IN ACCORD WITH PART 1, SECTION 1.4.
12.2	Definitions.
As used in this part, THESE TERMS HAVE THE DEFINITIONS SET FORTH AS FOLLOWS.:
“Abandoned application” means any application filed with the Department for which the Department has in writing requested additional information needed to process the application and the Department does not receive a written reply from the applicant within forty-five (45) days to its most recent written request for additional information.
“Anniversary Date” means that date upon which annual fees shall be due and payable. Anniversary Date is determined as the last day of the month corresponding to the month listed as the licensee's expiration date.
“Application” means any request filed with the Department for a permit, license, approval, exemption, certificate, other permission, or for any other service.
“Full cost fees” mean fees based on reasonable and actual professional staff time and appropriate contractual support services expended for certain radiation control activities as specified in Appendix 12A.
“Inspections” (routine or non-routine) means:
(1) “Routine inspections” designed to evaluate the licensee's activities within the context of the licensee having primary responsibility for protection of the public and environment.
(2) “Non-routine inspections” in response or reaction to an incident, allegation, follow-up to inspection deficiencies, inspections to determine implementation of safety issues including radioactive waste control services pursuant to CRS Sections 25-11-101–305 and Sections 24‑60‑2201–2212 and these regulations. A non-routine or reactive inspection has the same purpose as the routine inspection.
“Low-Level Radioactive Waste Access Approval” means those reviews and on-site evaluations necessary to assure waste generator compliance with low-level radioactive waste site access criteria as established by the Rocky Mountain Low-Level Radioactive Waste Board (the Board) or by a compact with which the Board has an agreement to accept low-level radioactive waste from Colorado or by a state with which the Board has an agreement to accept low-level radioactive waste from Colorado or by any state or site to which a Colorado generator ships low-level radioactive waste.
“Open Records Act” means the Colorado Open Records Act, CRS 24-72-201 et seq.
“Special Projects” means those requests submitted to the Department for review for which fees are not otherwise specified in this chapter. Examples of special projects include, but are not limited to, early site reviews, consultation, emergency response plan reviews, assessment of responses to Department orders, contamination surveys in response to license termination or relocation, and financial surety reviews.
12.3	Exemptions.
12.3.1	No fees pursuant to 12.4.1 through 12.4.5 shall be required for:
12.3.1.1	A radioactive materials license authorizing the use of source material as shielding only in devices and containers, provided that all other licensed radioactive material in the device or container will be subject to the fees described in Appendix 12A.
12.3.1.2	An application for possession and use of radioactive material applied for by, or issued to, an agency of Colorado or any political subdivision thereof, except for licenses which authorize distribution of radioactive material or products containing radioactive material or licenses authorizing services to any person other than an agency or political subdivision of the State. This exemption does not apply to fees for inspection or annual fees for such licensees.
12.3.1.3	A general license for reciprocity pursuant to 3.24. This exemption does not apply to fees for inspection of, or annual fees for such licensees.
12.3.2	Application for Exemptions
12.3.2.1	The Department may, upon application by an interested person, or upon its own initiative, grant such exemptions from the requirements of this part for good cause as it determines are authorized by law and are otherwise in the public interest.
12.3.2.2	Applications for exemption under this section may include activities such as, but not limited to, the use of licensed materials for educational or noncommercial public displays or scientific collections.
12.4	Specific Radioactive Materials Licensees.
12.4.1	Application Fees
12.4.1.1	THE Aapplication fees for new radioactive materials licenses not subject to full cost fees must accompany the application when it is filed.
(1)	Except for A licenses subject to full cost FEES, no application for a new license, for the reinstatement of an expired license, or for an application for amendment to a materials license that would place the licensee in a higher fee category, will be accepted for filing or processed prior to payment of the full amount specified in Appendix 12A1.
(2)	EXCEPT FOR A LICENSE NOT SUBJECT TO FULL COST FEES, AN APPLICATION FEE IS NOT REQUIRED FOR A ROUTINE OR RENEWAL LICENSE AMENDMENT THAT DOES NOT INVOLVE A CHANGE IN FEE CATEGORY.
(3)	Applications for which FEE PAYMENT IS REQUIRED AND no remittance is received may be returned to the applicant.
1	Licensing fees are not charged for routine amendments or renewals for licensees not subject to full cost fees.
12.4.1.2	An application for renewal of a license not subject to full cost fees which has expired and for which a renewal was not timely filed pursuant to 3.17.2 shall be accompanied by a reinstatement fee of $400.
12.4.1.3	Application fees for new radioactive materials licenses, renewals, amendments, other required approvals and requests for dismantling, decommissioning and termination of licensed activities, that are subject to the full cost fees are payable upon notification by the Department.
12.4.1.4	All licensing fees will be charged irrespective of the Department's disposition of the application or a withdrawal of the application.
12.4.1.5	Abandoned Applications
(1)	In the case of an abandoned amendment application, if the licensee desires to submit a new amendment application for the same or similar authorization, the reapplication shall be accompanied by a $100 reapplication fee.
(2)	In the case of an abandoned new license application, if the applicant desires to submit a new application, then the applicant is subject to the application fee specified in Appendix 12A.
12.4.1.6	Expedited License Review.
An hourly rate for direct staff time associated with the review of an application will be assessed for an expedited review. This fee only applies when, by consent of the applicant, a licensing request is taken out of the date order in which it was received.
12.4.2	Termination Fees
12.4.2.1	Applications for license termination for licensees not subject to full cost fees will not be subject to fees provided that the licensee notifies the Department and requests termination pursuant to 3.16, as appropriate, and provided that there is no decommissioning or decontamination involved subsequent to the request for termination. Licensees subject to full cost fees shall be billed for the full cost of the review of the application for termination.
12.4.2.2	Staff time spent in obtaining information which is not provided by the licensee as required by 3.16.6 and 3.16.7 when decontamination is necessary, or in supervising the licensee's decommissioning or decontamination of the site, will be billed at the Department's hourly rate.
12.4.2.3	The charges for staff time billed under 12.4.2 are payable upon notification by the Department.
12.4.3	Inspection Fees.
Inspection costs include reasonable and actual preparation time, time on site, documentation time, any associated contractual service costs, and time involved in the processing and issuance of a notice of violation or civil penalty.
12.4.3.1	Fees for inspection of licensees not subject to full cost fees.
(1)	Routine inspections.
Fees for routine inspections are included in the annual fee and will not be charged separately.
(2)	Non-Routine Inspections.
Fees for all non-routine inspections will be assessed on a per inspection basis and are payable upon notification by the Department.
12.4.3.2	Fees for Inspections of Licensees Subject to Full Costs Fees.
Inspection fees will be assessed to recover the full cost for each specific inspection as specified in Appendix 12A, including licensee-specific performance reviews and assessments, evaluations, and incident investigations. Inspection fees for licensees subject to full cost fees, and for inspections other than routine, are due upon notification by the Department.
12.4.4	Annual fees
12.4.4.1	Persons who hold specific radioactive materials licenses shall pay an annual fee.
(1)	The licensee shall pay the fee in Appendix 12A for each license the person holds on the date the annual fee is due.
(2)	If a person holds more than one license, the fee will be the cumulative total of the annual fee for all licenses held by that person.
(3)	For those licenses that authorize more than one activity (e.g., human use and irradiator activities), annual fees will be assessed for each category applicable to the license.
(4)	Persons with licenses authorizing permanent, multiple locations of use and/or storage that are separated by more than one mile shall increase the annual fee by 75 percent for the second location; 50 percent for the third location; and 25 percent if more than three locations of use are authorized. For purpose of this regulation, a permanent location is defined as one where radioactive materials are used and/or stored for more than 180 days in any calendar year.
12.4.4.2	Small Entities.
A licensee who is required to pay an annual fee under this section may qualify as a small entity. If a licensee qualifies as a small entity and provides the Department with the proper certification, the licensee may pay reduced annual fees as shown below.
Entity Category	Size Standard	Maximum Annual Fee Per Licensed Category	
Small businesses not engaged in manufacturing and small not‑for‑profit organizations	$350,000 – $5,000,000 gross annual receipts	$2,3001/2 ANNUAL FEE	
	Less than $350,000 gross annual receipts	$   500	
Manufacturing entities that have an annual average of 500 employees or less	35 to 500 employees	$2,3001/2 ANNUAL FEE	
	Less than 35 employees	$   500	
Small governmental jurisdictions (including cities, counties, towns, townships, villages, school districts, special districts or publicly supported educational institutions)	20,000 – 50,000 population	$2,3001/2 ANNUAL FEE	
	Less than 20,000 population	$   500	
Educational institutions that are not state or publicly supported, and have 500 employees or less	35 to 500 employees	$2,3001/2 ANNUAL FEE	
	Less than 35 employees	$   500	
(1)	A licensee who is a subsidiary of a large entity does not qualify as a small entity for purposes of this section.
(2)	A licensee who seeks to establish status as a small entity for purpose of paying the annual fees required under this section shall file a certification statement with the Department.
(3)	The licensee shall file the required “radioactive materials licensee certification of small entity status,” Department Form R-62, for each license under which the licensee is billed.
(4)	For the licensee to be granted small entity status by the Department, a completed Form R-62, signed by the owner of the entity or an official empowered to act on behalf of the entity, shall accompany each application for a new license and each annual fee.
(5)	The licensee shall provide a new Department Form R‑62, signed by the owner of the entity or an official empowered to act on behalf of the entity, within thirty days from receipt of such a request from the Department.
(6)	Failure to file a small entity certification, or to provide an updated certification upon the request of the Department, could result in the denial of the fee reduction that might otherwise be granted.
12.4.4.3	Reciprocal Recognition Fee.
An annual management fee shall be charged for persons operating in the state under reciprocity as follows:
(1)	Any radioactive material brought into the state for use under reciprocity shall pay a fee equal to 75 percent of the appropriate annual fee in Appendix 12A.
(2)	Reciprocal fees shall be due and payable prior to entry into the state.
(3)	An acknowledgement of fee payment will be provided by the Department. The acknowledgement of fee payment shall be retained by the licensee and maintained with the pertinent documents prescribed in 3.24.1.1(6).
(4)	Reciprocal fees shall not be transferred or refunded.
(5)	Reciprocal fees shall expire 12 months from the issue date2.
2	Pursuant to 3.24, an out-of-state licensee may operate in Colorado under reciprocity for no more than 180 days in any calendar year.
12.4.4.4	Payment of Annual Fees.
(1)	The annual fees shall be due and payable each year on the anniversary date. The annual fees are not refundable except in those cases where the Department has determined that the fee is not required.
(2)	Annual fees shall be charged and payment required for any license that has not been terminated on or before the anniversary date or for which a request for termination has not been submitted to the Department pursuant to 3.16.7.
12.5	General Licenses.
12.5.1	Persons who hold general licenses under the following categories shall pay an annual fee:
12.5.1.1	Depleted uranium in industrial products and devices authorized under 3.5.5;
12.5.1.2	Possession of more than 1 kilogram of source material other than depleted uranium for shielding under 3.5;
12.5.1.3	Measuring, gauging and controlling devices under 3.6.4; and
12.5.1.4	In vitro licenses under 3.6.9.
12.5.2	The basis for the annual fee is to cover the Department's cost associated with the regulation and control of these sources, and to cover the Department's administrative costs for those generic activities directly related to the regulation of materials licensees.
12.5.3	Fees for general licenses are listed in Appendix 12A and shall be payable every July 1, for as long as the license remains in effect.
12.5.4	Fees for inspection of licenses, authorized under 3.5.5 and 3.6, that are based on the full cost of the inspection are payable upon notification by the Department.
12.6	Special Project Fees.
Fees for special projects are assessed for the full cost of the review, as specified in Appendix 12A. They will be based on reasonable and actual professional staff time. Appropriate contractual support services expended for certain radiation control activities will also be included. Fees for special projects are payable upon notification by the Department.
12.7	Low-Level Radioactive Waste Access Approval Fees.
Fees for services required for low-level radioactive waste access approval are payable upon notification by the Department.
SEARCH, REVIEW, DUPLICATION AND SPECIAL SERVICE FEES
12.8	Search, Review, Duplication and Special Service Fees.
12.8.1	Search, Review, and Special Service Fees
12.8.1.1	The Department charges fees for search, duplication and review.
(1)	The Direct Costs of Searching for Department Records.
The Department may assess fees even when no Department records are located as a result of the search or when Department records that are located as a result of the search are not disclosed; and,
(2)	If the public record is a result of a computer output, other than word processing, the fee for a copy, printout, or other photograph thereof may be based on recovery of the actual incremental costs of providing the electronic services and products together with a reasonable portion of the costs associated with building and maintaining the information system.
(a)	The Department shall charge a reasonable fee, if, in response to a specific request, it has performed a manipulation of data so as to generate a record in a form not used by the State. Such fees shall not exceed the actual cost of manipulating the said data and generating the said record in accordance with the request.
(b)	Persons making subsequent requests for the same or similar records may be charged a fee not in excess of the original fee.
12.8.1.2	The Department shall charge requesters who request the following services for the direct costs of the service:
(1)	Certifying that records are true copies; or
(2)	Sending records by special methods, such as Express Mail, package delivery service, etc.
12.8.2	Duplication Fees
12.8.2.1	The charge for duplicating records shall be computed on the basis of Department's direct costs, including both the cost of staff and the cost of the actual copy.
12.8.2.2	Copyrighted material shall not be reproduced in violation of the copyright laws.
12.8.3	Fees for Search and Review of Department Records by Department Personnel.
The Department shall charge the following hourly rates for search and review of Department records by Department personnel:
12.8.3.1	Clerical search, review, and duplication at a rate that is equivalent to the actual cost of an Administrative Assistant III at the five-year rate;
12.8.3.2	Professional search, review, and duplication at a rate that is equivalent to the actual cost of an Environmental Protection Specialist II at the five year rate; and
12.8.3.3	Senior management search, review, and duplication at a rate that is equivalent to the actual cost of an Environmental Protection Specialist V at the five-year rate.
12.8.4	Search and Duplication Provided Without Charge
12.8.4.1	The Department may not bill any requester for fees if the cost of collecting the fee would be equal to or greater than the fee itself.
12.8.4.2	The Department may aggregate requests in determining search and duplication to be provided without charge as provided in 12.8.4.1, if the Department finds a requester, or multiple requestors acting in concert, has filed multiple requests for only portions of a Department record or similar Department records for the purpose of avoiding charges.
12.8.5	Assessment of Fees
12.8.5.1	If the request is expected to require the Department to assess fees in excess of $25 for search and/or duplication, the Department shall notify the requester that fees will be assessed unless the requester has indicated in advance the willingness to pay fees as high as estimated.
12.8.5.2	In the notification, the Department shall include the estimated cost of search fees and the nature of the search required and estimated cost of duplicating fees.
12.8.5.3	The Department will encourage requesters to discuss with the Department the possibility of narrowing the scope of the request with the goal of reducing the cost while retaining the requester's original objective.
12.8.5.4	If the fee is determined to be in excess of $250, the Department may require payment at the time the information is provided.
12.8.6	Requests for Waiver or Reduction of Fees
12.8.6.1	The Department shall collect fees for searching for, reviewing, and duplicating Department records, except as provided in 12.8.4, unless a requester submits a request in writing for a waiver or reduction of fees and the Department approves such request. To assure that there will be no delay in the processing of open records act requests, the request for a waiver or reduction of fees should be included in the initial open records act request letter.
12.8.6.2	Each request for a waiver or reduction of fees must be addressed to the Director, Hazardous Materials and Waste Management Division, Colorado Department of Public Health and Environment.
12.8.6.3	A person requesting the Department to waive or reduce search, review, or duplication fees shall:
(1)	Describe the purpose for which the requester intends to use the requested information;
(2)	Explain the extent to which the requester will extract and analyze the substantive content of the Department record;
(3)	Describe the nature of the specific activity or research in which the Department records will be used and the specific qualifications the requester possesses to utilize information for the intended use in such a way that it will contribute to public understanding;
(4)	Describe the likely impact on the public's understanding of the subject as compared to the level of understanding of the subject existing prior to disclosure;
(5)	Describe the size and nature of the public to whose understanding a contribution will be made;
(6)	Describe the intended means of dissemination to the general public;
(7)	Indicate if public access to information will be provided free of charge or provided for an access fee or publication fee; and
(8)	Describe any commercial or private interest the requester or any other party has in the Department records sought.
12.8.6.4	The Department may waive or reduce the fee if, from information provided with the request for Department records made under 12.8.6.3, the Department determines that disclosure of the information in the Department records is for a public purpose, including public agency program support, nonprofit activities, journalism, and academic research, and is not primarily in the commercial interest of the requester.
12.8.6.5	In making a determination regarding a request for a waiver or reduction of fees, the Department may consider the following factors:
(1)	If disclosure is likely to contribute significantly to public understanding of government operations or activities;
(2)	If, and the extent to which, the requester has a commercial interest that would be furthered by the disclosure of the requested Department records; and
(3)	If the magnitude of the identified commercial interests of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester.
12.9	Partial Payment of Fees.
In the case of services, which are subject to full cost fees, the Department may bill monthly for any service rendered.
12.10	Method of Payment.
Approved credit cards, checks, drafts or money orders for payment of fees shall be payable to the Colorado Department of Public Health and Environment.
12.11	Schedule of Fees for Materials Licenses and Other Radiation Control Services.
12.11.1	Applicants for radioactive materials licenses, FOR SERVICES RELATED TO RADIATION MACHINES, FOR other regulatory services and holders of materials licenses shall pay fees for the categories of services listed in Appendix 12A. License applications received prior to the effective date of this rule shall be billed in accordance with the fee schedule, as updated by the hourly rate in effect at that time the service is performed.
12.11.2	For each service provided subject to full cost fees, records will be maintained of time spent, using reasonable accounting procedures by at least 15 minute intervals. A summary of time spent on any activity will be provided upon request.
12.11.3	The Department will adjust all fees and the cost per manPERSON-hour every six (6) months from the effective date of these regulations THIS PART based on the Denver-BOULDER-GREELEY Consumer Price Index for All Urban Consumers (MarchJANUARY 1, 30, 20057 11-year summary). An updated version of the fee schedule will be available upon request.
12.11.4	Every two (2) years from the effective date of these regulations, the Department will review the fees and the Department's costs. If the adjusted fees and costs for any categories differ by more than ten percent (10%), the Department will propose a revised fee to the Board of Health for those categories.
12.12	Failure by Applicant or Licensee to Pay Prescribed Fee.
In any case where the Department finds that an applicant or a licensee has failed to pay a prescribed fee for any licensing or inspection activities required in this Part, the Department will not process any application, may suspend or revoke any license involved pursuant to 3.23 and may request action pursuant to CRS 25-11-107(4). Staff time expended in collection of any fee not paid within sixty (60) days of the date due will be billed at the Department's hourly rate.
12.13	Penalties.
12.13.1	A $15.00 penalty will be assessed for checks returned to the Department due to insufficient funds.
12.13.2	Late Payments
12.13.2.1	A penalty shall be assessed to any person whose fee is collected by a collection agency.
12.13.2.2	The penalty shall be equal to the fee charged by the collection agency.
12.14	Severability.
The provisions of this regulation are severable, and if any provisions or the application of the provisions to any circumstances is held invalid, the application of such provision to other circumstances, and the remainder of this regulation shall not be affected thereby.

PART 12, APPENDIX A: SCHEDULE OF FEES FOR RADIOACTIVE MATERIALS LICENSEES, FOR SERVICES RELATED TO RADIATION MACHINES, AND FOR OTHER SERVICES3,4,5,6
3	Applications for new licenses, applications to reinstate expired or terminated licenses, except those subject to fees assessed at full costs, must be accompanied by the prescribed application fee for each category.
4	Application for amendments to licenses that would place the license in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for each category.
5	Renewal fees – Fees for applications for renewal of materials licenses will not be charged, except that fees for applications for renewal of licensees subject to full cost fees are due upon notification by the Department.
6	Inspection Fees: (a) Fees for routine inspections at locations authorized by the license or reciprocity permit will not be charged, except that routine inspections subject to full cost fees are due upon notification by the Department. (b) Separate charges will be assessed for each non-routine inspection which is performed. The frequency of routine inspections are those established in the Hazardous Materials And Waste Management Division Radiation Program Inspection and Enforcement Manual, and will be in accord with the frequencies established by the U.S. Nuclear Regulatory Commission for similar types of licenses.
CATEGORY 1 - SPECIAL NUCLEAR MATERIAL7,8
7	Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category.
8	Applications for new licenses that cover both special nuclear material and radioactive material and/or naturally occurring and accelerator produced material in sealed sources for use of gauging devices will pay the appropriate processing fee for category 1.C only.
1.A	Licenses for possession and use of 200 grams or more of plutonium in unsealed form or 350 grams or more of U-235 in unsealed form or 200 grams or more of U-233 in unsealed form. This includes applications to terminate licenses as well as licenses authorizing possession only.
NOTE: Colorado does not license this category of license.
Application			Not Applicable
Annual Fee			Not Applicable
Inspection			Not Applicable
1.B	Licenses for receipt and storage of spent fuel at an independent spent fuel storage installation (ISFSI).
NOTE: Colorado does not license this category of license.
Application			Not Applicable
Annual Fee			Not Applicable
Inspection			Not Applicable
1.C	Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems including x-ray fluorescence analyzers.
Application			$    660     750
Annual Fee			$ 1,070  1,200
Inspection			$    830     940
1.D	All other special nuclear material licenses, except licenses authorizing special nuclear material in unsealed form in combinations that would constitute a critical quantity.
Application			$  1,300  1,470
Annual Fee			$  2,540  2,870
Inspection			$  1,880  2,125
CATEGORY 2 - SOURCE MATERIAL
2.A1	Licenses for possession and use of source material for refining uranium mill concentrates to uranium hexafluoride.
NOTE: Colorado does not license this category of license.
Annual Fee			Not Applicable
Licensing and Inspection	Not Applicable
2.A2	Licenses for possession and use of source material in recovery operations such as milling, in situ leaching, heap-leaching, ore buying stations, ion exchange facilities and in processing of ores containing source material for extraction of metals other than uranium or thorium, including licenses authorizing the possession of byproduct waste material (tailings) from source material recovery operations, and licenses authorizing decommissioning, reclamation or restoration activities as well as licenses authorizing the possession and maintenance of a facility in a standby mode.
2.A2 Class I	License includes mill licenses issued for the extraction of uranium from uranium ore.
Annual Fee			$ 72,610  82,000
Licensing and Inspection	Full Cost
2.A2 Class II	License includes solution mining licenses (in-situ and heap leach) issued for the extraction of uranium from uranium ores including research and development licenses.
Annual Fee			$ 60,830  68,700
Licensing and Inspection	Full Cost
2.A2 Class III	“Other” license includes licenses for extraction of metals, heavy metals, and rare earths.
Annual Fee			$ 23,020  26,000
Licensing and Inspection	Full Cost
2.A3	Licenses that authorize the receipt of uranium waste tailings generated by milling operations from other persons for possession and disposal, except those licenses subject to the fees in category 2.A2 or category 2.A4.
Annual Fee			$ 44,810  50,600
Licensing and Inspection	Full Cost
2.A4	Licenses that authorize the receipt of uranium waste tailings generated by milling operations from other persons for possession and disposal incidental to the disposal of the uranium waste tailings generated by the licensee's milling operations, except those licenses subject to the fees in category 2.A2.
Annual Fee			$  7,080    8,000
Licensing and Inspection	Full Cost
2.B	Licenses for possession and use of source material for shielding.
Application			$    160     180
Annual Fee			$    530     600
Inspection			$    940   1,060
2.C	All other source material licenses.
Application			$  5,700    6,500
Annual Fee			$  8,470    9,600
Inspection			$  3,480    3,930
CATEGORY 3 - BYPRODUCT MATERIAL, NATURALLY OCCURRING AND ACCELERATOR PRODUCED RADIOACTIVE MATERIAL
3.A	Licenses of broad scope for possession and use of radioactive material issued pursuant to 3.11 for processing or manufacturing of items containing radioactive material for commercial distribution.
Application			$   6,700    7,600
Annual Fee			$ 15,780  17,800
Inspection			$   6,660    7,525
3.B	Other licenses for possession and use of radioactive material for processing or manufacturing of items containing radioactive material for commercial distribution.
Application			$  2,200    2,500
Annual Fee			$  4,080    4,600
Inspection			$  1,940    2,200
3.C	Licenses authorizing the processing or manufacture and distribution or redistribution of radiopharmaceuticals, generators, reagent kits, and/or sources and devices containing radioactive material.
Application			$  8,700    9,800
Annual Fee			$  9,470  10,700
Inspection			$  1,940    2,200
3.D	Licenses authorizing distribution of radiopharmaceuticals, generators, reagent kits, and/or sources or devices not involving processing of radioactive material.
Application			$  2,400    2,700
Annual Fee			$  3,000    3,400
Inspection			$  1,000    1,130
3.E	Licenses for possession and use of radioactive material in sealed sources for irradiation of materials where the source is not removed from its shield (self-shielded units).
Application			$  1,700    1,900
Annual Fee			$  2,460    2,780
Inspection			$  1,060    1,200
3.F	Licenses for possession and use of less than 370 TBq (10,000 Ci) of radioactive material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes.
Application			$  3,400    3,850
Annual Fee			$  4,460    5,040
Inspection			$  1,650    1,870
3.G	Licenses for possession and use of 370 TBq (10,000 Ci) or more of radioactive material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes. This category includes under water irradiators for irradiation of materials where the source is not exposed.
Application			$   8,000    9,050
Annual Fee			$ 16,090  18,200
Inspection			$   3,180    3,600
3.H	Licenses issued to distribute items containing radioactive material which requires device review to persons exempt from the licensing requirements of Part 3.
Application			$  2,300    2,600
Annual Fee			$  2,460    2,780
Inspection			$  1,000    1,130
3.I	Licenses issued to distribute items containing radioactive material or quantities of radioactive material which do not require device evaluation to persons exempt from the licensing requirements of Part 3 except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed by the U.S. Nuclear Regulatory Commission or an Agreement State.
Application			$  3,400    3,850
Annual Fee			$  3,540    4,000
Inspection			$  1,180    1,330
3.J	Licenses issued to distribute items containing radioactive material which require sealed source and/or device review to persons generally licensed. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 3.
Application			$  1,000    1,130
Annual Fee			$  1,610    1,820
Inspection			$  1,100    1,240
3.K	Licenses issued to distribute items containing radioactive material or quantities of radioactive material that do not require sealed and/or device review to persons generally licensed. This category does not include specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed under Part 3.
Application			$    590       670
Annual Fee			$  1,070    1,200
Inspection			$    590       670
3.L	Licenses of a broad scope for possession and use of radioactive material for research and development which do not authorize commercial distribution.
Application			$  5,700    6,450
Annual Fee			$  7,700    8,700
Inspection			$  2,710    3,060
3.M	Other licenses for possession and use of radioactive material for research and development which do not authorized commercial distribution.
Application			$  2,500    2,800
Annual Fee			$  3,390    3,830
Inspection			$  1,350    1,525
3.N	Licenses that authorize services for other licensees, except (1) licenses that authorize calibration and/or leak testing services only are subject to the fees specified in fee category 3.Q, and (2) licensees that authorize waste disposal services are subject to the fees specified in fee Categories 4.A, 4.B., or 4.C.
Application			$  2,600    2,950
Annual Fee			$  3,690    4,170
Inspection			$  1,590    1,800
3.O	Licenses for possession and use of radioactive material for industrial radiography operations.
Application			$  4,200    4,750
Annual Fee			$  9,630  10,900
Inspection			$  2,060    2,330
3.P	Portable gauge radioactive material licensees.
Application			$  1,300    1,470
Annual Fee			$  1,850    2,090
Inspection			$  1,290    1,460
3.Q	All other specific radioactive material licensees, except those in fee categories 1, 2, 3.A through 3.P, and 4.A. through 9.D.
Application			$  1,300    1,470
Annual Fee			$  1,850    2,090
Inspection			$  1,290    1,460
CATEGORY 4 - WASTE HANDLERS
4.A	Licenses specifically authorizing the receipt of waste byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material from other persons for the purpose of commercial disposal by land burial by the licensee; or licenses authorizing contingency storage of low-level radioactive waste at the site of nuclear power reactors; or licenses for treatment or disposal by incineration and transfer of packages to another person authorized to receive or dispose of waste material.
Annual Fee			Not Applicable9
9	There are no existing Colorado licenses in these fee categories. Once Colorado issues a license for these categories, the Department will consider establishing an annual fee for that type of license.
Licensing and Inspection	Full Cost
4.B	Licenses specifically authorizing the receipt of waste byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced 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.
Application			$  1,700    1,900
Annual Fee			$  7,540    8,500
Inspection			$  1,940    2,200
4.C	Licenses specifically authorizing the receipt of prepackaged waste byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material.
Application			$  2,600    2,950
Annual Fee			$  5,690    6,430
Inspection			$  2,180    2,460
CATEGORY 5 - WELL LOGGING
5.A	Licenses for possession and use of byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material for well logging, well surveys, and tracer studies other than field.
Application			$  5,600    6,300
Annual Fee			$  6,770    7,650
Inspection			$  2,180    2,460
5.B	Licenses for possession and use of byproduct material for field flooding tracer studies.
Annual Fee			$  8,000    9,040
Licensing and Inspection	Full Cost
CATEGORY 6 - NUCLEAR LAUNDRIES
6.A	Licenses for commercial collection and laundry of items contaminated with radioactive material, source material, special nuclear material, or naturally occurring and accelerator produced material.
Application			$ 11,500   13,000
Annual Fee			$ 13,010   14,700
Inspection			$   3,180    3,600
CATEGORY 7 - HUMAN AND VETERINARY USE OF RADIOACTIVE MATERIAL
7.A	Licenses issued for human or veterinary use of radioactive material, source material, special nuclear material, or naturally occurring and accelerator produced material in sealed sources contained in teletherapy devices.
Application			$   6,300    7,100
Annual Fee			$ 10,700  12,100
Inspection			$   1,820    2,060
7.B	Licenses of broad scope issued to medical institutions or two or more physicians or veterinarians authorizing research and development including human and/or veterinary use of radioactive material, source material, special nuclear material, or naturally occurring and accelerator produced material except material in sealed sources.
Application			$   4,500    5,100
Annual Fee			$ 18,630   21,000
Inspection			$   4,890    5,500
7.C	Other licenses issued for human or veterinary use of radioactive material, source material, and/or naturally occurring and accelerator produced material except material in sealed sources contained in teletherapy devices.
Application			$  2,200    2,500
Annual Fee			$  3,540    4,000
Inspection			$  1,710    1,930
CATEGORY 8- CIVIL DEFENSE
8.A	Licenses for possession and use of radioactive material for civil defense activities.
Application			$    330       375
Annual Fee			$    840       950
Inspection			$ 1,410     1,600
CATEGORY 9 - DEVICE, PRODUCT, OR SEALED SOURCE SAFETY EVALUATION
9.A	Safety evaluation of devices or products containing byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material except reactor fuel devices, for commercial distribution.
Annual Fee			$ 4,460    5,040
Evaluations			Full Cost
9.B	Safety evaluation of devices or products containing radioactive material, source material, special nuclear material, or naturally occurring and accelerator produced material manufactured in accordance with the unique specifications of, and for use by a single applicant, except reactor fuel devices.
Annual Fee			$  4,460    5,040
Evaluations			Full Cost
9.C	Safety evaluation of sealed sources containing byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material, except reactor fuel, for commercial distribution.
Annual Fee			$  1,300    1,470
Evaluations			Full Cost
9.D	Safety evaluation of sealed sources containing byproduct material, source material, special nuclear material, or naturally occurring and accelerator produced material, manufactured in accordance with the unique specifications of, and for use by a single applicant, except reactor fuel.
Annual Fee			$    450      500
Evaluations			Full Cost
CATEGORY 10 - TRANSPORTATION OF RADIOACTIVE MATERIAL
Note: Colorado does not license this category of license.
CATEGORY 11 - REVIEW OF STANDARDIZED SPENT FUEL FACILITIES
Note: Colorado does not license this category of license.
CATEGORY 12 - SPECIAL PROJECTS
12.A	Special Projects and all uses of radioactive material which are not included in any other category.
Application			Full Cost
Annual Fee			Full Cost
Inspection			Full Cost
CATEGORY 13 - SPENT FUEL STORAGE COSTS
Note: Colorado does not license this category of license.
CATEGORY 14
14.A	Byproduct material, source material, special nuclear material, naturally occurring or accelerator produced radioactive material licenses and other approvals authorizing decommissioning, decontamination, reclamation or site restoration activities.
Annual Fee			Not Applicable10
10	Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate.
Licensing and Inspection	Full Cost
CATEGORY 15 - EMERGENCY RESPONSE
15.A	Emergency response requiring over 10 person-hours in any 12 consecutive months.
				Full Cost
15.B	Emergency response planning and exercises.
				Full Cost11
11	Fees will be charged only when service is requested or required by an authorized person outside of the Department who has legal authority to make such requests.
CATEGORY 16 - ANALYTICAL PROCEDURES
				Full Cost
CATEGORY 17 - GENERAL LICENSES12
12	Fees are for each license at each facility. Fees for general licenses are annual fees, and are due July 1 each year. Non-routine inspections of general licensees related to (1) exposures to individuals; or (2) release of radioactive materials in excess of limits established in Part 4 of these regulations.
17.A	Source material, gauges and other similar devices pursuant to 12.5.1.1 through 12.5.1.3.
Annual Fee			$    100
Inspection			Full Cost
17.B	In-Vitro pursuant to 12.5.1.4.
Annual Fee			$     50
Inspection			Full Cost
CATEGORY 18 - LOW-LEVEL RADIOACTIVE WASTE ACCESS APPROVAL
				Full Cost
CATEGORY 19 - HOURLY RATE 13
				$     85  129
13	FOR ANY SERVICE PROVIDED BY THE DEPARTMENT IN ACCORD WITH 12.11.2 AND 12.11.3.  A STATEMENT WILL BE SENT TO THE REGISTRANT INDICATING THE ACTUAL COSTS INCURRED.
CATEGORY 20 - TRANSFER OF RECORDS TO DEPARTMENT PURSUANT TO 4.40 THROUGH 4.50
Per box for indexed paper records submitted in state storage boxes
				$    35    40
For records not indexed and/or requiring repackaging in standard storage boxes
				Full Cost
CATEGORY 21 – RADIATION MACHINES ENFORCEMENT ACTION
MAXIMUM FEE PER EACH RADIATION MACHINES CERTIFICATION ENFORCEMENT ACTION14, 15
				$   1,157
14	ANY REGISTRANT THAT FAILS THE REQUIREMENTS OF 2.5.1, OR DOES NOT CORRECT ANY VIOLATION IN ACCORDANCE WITH THE COMPLIANCE SCHEDULE ESTABLISHED IN 2.5.2.3, SHALL BE SUBJECT TO A DEPARTMENT ENFORCEMENT ACTION AT THE CURRENT HOURLY RATE AND/OR MAXIMUM FEE. THE DEPARTMENT SHALL CHARGE ENFORCEMENT FEES, WHICH MAY INCLUDE INSPECTION FEES FOR THE INSPECTION OF RADIATION MACHINES AND FACILITIES THAT HAVE BEEN DETERMINED, BY EITHER A QUALIFIED INSPECTOR OR BY THE DEPARTMENT, TO BE IN NONCOMPLIANCE WITH THESE REGULATIONS AND WITH THE CERTIFICATION FREQUENCY. THESE FEES DO NOT INCLUDE PENALTIES IMPOSED UNDER PART 13.
15	THIS REPRESENTS THE MAXIMUM FEE THAT MAY BE INCURRED FOR THE DEPARTMENT ENFORCEMENT ACTIONS OF EACH RADIATION MACHINE AND/OR FACILITY DETERMINED TO BE IN VIOLATION WITH THESE REGULATIONS BY EITHER A QUALIFIED INSPECTOR OR BY THE DEPARTMENT.
CATEGORY 22 – QUALIFIED INSPECTOR OR SERVICING AND SERVICES
MAXIMUM FEE PER REGISTRATION EVERY 2 YEARS
				$    160 16,17
16	THE QUALIFIED INSPECTOR REGISTRATION FEE IS AN INDIVIDUAL FEE.  THE SERVICING AND SERVICES REGISTRATION FEE IS A COMPANY FEE.
17	THE ANNUAL FEE IS $80 AND IS PAYABLE EVERY TWO YEARS IN THE AMOUNT OF $160.  THIS FEE IS NON-REFUNDABLE IN THE EVENT THAT THE APPLICATION IS NOT APPROVED BY THE DEPARTMENT.
CATEGORY 23 – PROVISIONAL MAMMOGRAPHY - CERTIFICATION
MAXIMUM FEE PER EACH CERTIFICATION REVIEW OR RENEWAL
				$     50
CATEGORY 24 – ADEQUATE TRAINING - ACCEPTANCE
MAXIMUM FEE PER EACH ACCEPTANCE REVIEW
				$     50
CATEGORY 25 – CERTIFICATION LABEL ISSUED BY A QUALIFIED INSPECTOR
REQUIRED FEE FOR EACH CERTIFICATION LABEL ISSUED TO A REGISTRANT
					$     50