§ 218.12. Failure by registrant or licensee to pay required fee.

 (a)  A registrant or licensee who fails to pay an annual fee required under this chapter shall be subject to the civil and criminal penalties provided under the act.

 (b)  Nonpayment of fees required by this chapter shall be cause for revocation of licenses or registrations issued by the Department under the act.

   The provisions of this §  218.12 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § §  7110.301 and 7110.302).

   The provisions of this §  218.12 amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6280. Immediately preceding text appears at serial page (249247).

APPENDIX A

Fees for Radioactive Material Licenses

   ¹ A license may include as many as four noncontiguous sites at the base fee. Sites that are within 5 miles of the main radiation safety office where the license records are kept will be considered contiguous. An additional fee of 25% of the base fee will be added for each noncontiguous site above four.

 ² All fees will be effective upon publication of the final rules in the Pennsylvania Bulletin. Existing NARM licenses will be changed to the corresponding category of byproduct material license in Appendix A upon publication of the final rule.

 ³ Annual fees for categories of NRC licenses that are not included in this table will be calculated as follows: PA Fee = (NRC Annual Fee + 0.10 NRC Application or Renewal fee).

 ⁴ Annual fees charged to holders of transferred NRC licenses with multiple sites will not exceed the fees charged by the NRC for the same licenses that are in effect in the year of transfer, provided the number of noncontiguous sites does not increase.

 ⁵ Small Businesses Not Engaged in Manufacturing, and Small Not-For-Profit Organizations with Gross Annual Receipts of more than $350,000 and less than $5 million; Manufacturing Entities that have an average of 35—500 employees with Gross Annual Receipts of more than $350,000 and less than $5 million; Small Government Jurisdictions (including publicly supported, nonmedical educational institutions) with a population between 20,000 and 50,000; and nonmedical Educational Institutions that are not state or publicly supported and have 35—500 employees.

 ⁶ Small Businesses Not Engaged in Manufacturing, and Small Not-For-Profit Organizations with Gross Annual Receipts of less than $350,000; Manufacturing Entities that have an average of less than 35 employees and less than $350,000 in Gross Annual Receipts; Small Government Jurisdictions (including publicly supported nonmedical educational institutions) with a population less than 20,000; and nonmedical Educational Institutions that are not state or publicly supported and have less than 35 employees.

 ⁷ Full cost recovery licensees and licensees required to provide financial assurance for decommissioning are not eligible for reduced fees under category SB1 or SB2.

   * Full cost recovery consists of a professional fee, to cover the activities and support of Department personnel, and any other additional incidental charges incurred, such as related contracted services or laboratory costs. The professional fee component (Hourly Rate) is $150 per hour. Other costs are recovered at 100% of actual cost. Invoices shall be issued by the Department at regular intervals but at least quarterly when net costs are incurred.

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

   The provisions of this Appendix A adopted 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 preceeding text appears at serial pages (304450) to (304453).

   This appendix cited in 25 Pa. Code §  218.11 (relating to registration, renewal of registration and license fees); and 25 Pa. Code §  218.11a (relating to special provisions for calculating fees during agreement state transition period).