Section 218.11. Registration, renewal of registration and license fees

(a) Annual registration fees for radiation-producing machines, other than accelerators, are the sum of an annual administrative fee and an annual fee for each X-ray tube or radiation generating device as follows:

Type Facility	Annual Administrative Fee	Annual Fee per X-ray Tube or Radiation Generating Device
Dentists, podiatrists, veterinarians	$ 100	$50
Hospitals	$725	$50
Other Facilities	$350	$50

(b) A registrant filing an initial registration under § 216.2 (relating to registration of radiation-producing machines) or an application for renewal of a certificate of registration under § 216.4 (relating to renewal of certificate of registration) shall remit the appropriate fee calculated by using the information on the registration or application form and the fee schedule in subsection (a). Fees for any initial registration under § 216.2 are payable upon the filing of the registration. Fees for the renewal of a certificate of registration are payable upon the submission of an application for a renewal of a certificate of registration. If the number of tubes increases after an initial registration or after an application for renewal has been filed with the Department, no additional fee is required until the time of the next registration. Likewise, if the number of tubes decreases during the year, no refund will be made for that year.

(c) Annual license fees for radioactive material are set forth in Appendix A (relating to fees for radioactive material licenses).

(1) No refund will be made for termination of a license.

(2) If, by amendment or otherwise, a license changes to another fee category, the fee for the new category will take effect on the anniversary date of the license.

(d) Particle accelerators are licensed under Chapter 228 (relating to radiation safety requirements for particle accelerators). Annual fees are as follows:

(1) Accelerators, below 50 MeV, other than for ion implantation—$2,100 for the first accelerator at the facility plus $700 for each additional unit at that facility.

(2) Accelerators used for ion implantation—$700 plus $70 for each additional unit at the same facility.

(3) Accelerators 50 MeV and above—full cost of staff time to review license applications and conduct inspections as needed. (Hourly rate is $150 per hour). For the purpose of anticipating costs and compliance with subsections (e) and (f), a minimum annual fee of $2,100 for the first accelerator at the facility plus $700 for each additional unit is established. Additional invoices will be issued by the Department at regular intervals at least quarterly when net costs are incurred above the minimum annual fee.

(e) An initial application for a license or reciprocity shall be accompanied by a check payable to the Department in accordance with the fee schedules in subsections (c) and (d). Thereafter, the Department will issue an annual fee invoice in accordance with the appropriate fee schedule at least 2 months prior to the license expiration. Fees are payable by the last day of the license expiration month as shown on the license fee invoice. This provision is not applicable to full cost recovery licenses specified in Appendix A.

(f) The Department will not accept an initial application for a license prior to payment of the fees required by subsections (c) and (d).

(g) If the registration involves more than one of the facilities in subsection (a), or if a license involves more than one of the categories in subsection (c), the highest applicable fee applies.

(h) A radiation-producing machine service provider shall pay an annual registration fee of $140.

(i) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report must identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and must contain recommendations to increase fees to eliminate the disparity, including recommendations for regulatory amendments to increase program fees.

The provisions of this § 218.11 adopted December 31, 1987, effective January 2, 1988, 18 Pa.B. 11; amended May 3, 1991, effective May 4, 1991, 21 Pa.B. 2005; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6280; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275. Immediately preceding text appears at serial pages (304448) to (304449).

Notation

Authority

The provisions of this § 218.11 amended under sections 301 and 302 and 401 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Cross References

This section cited in 25 Pa. Code § 216.1 (relating to purpose and scope); 25 Pa. Code § 216.2a (relating to registration of radiation-producing machine service providers); 25 Pa. Code § 216.4 (relating to renewal of certificate of registration); 25 Pa. Code § 216.4a (relating to expiration and termination of certificates of registration); 25 Pa. Code § 218.11a (relating to special provisions for calculating fees during agreement state transition period); and 25 Pa. Code § 228.21a (relating to notification and license requirements).