In this chapter, the following terms have the meanings indicated. Terms Defined. “Calendar year 2011 base” or “CY 2011 base” means the base year fee from calendar year 2011. The base year fee is adjusted annually in accordance with the Consumer Price Index as provided in Regulation .04 of this chapter. “Facility” means the location at which one or more sources of radiation are: Installed or located within one building, vehicle, or under one roof; and Under the same administrative control. “Group” means the classification of radiation machine established by COMAR 26.12.02.02B. “Irradiator license” means a category of specific license authorizing a person to possess and use radioactive material to perform intentional exposure of various products to ionizing radiation to effect polymerization, sterilization, or other effects. “Radiation machine” means a device that is capable of producing radiation. On any radiation producing equipment having at least one X-ray tube, or other single point from which radiation may be emitted, each X-ray tube or other radiation emission point is considered a separate radiation machine for purposes of this section. “Sealed source and device registration” means the administrative process by which Maryland companies who intend to manufacture or distribute a sealed radioactive source or device containing a radioactive sealed source under a specific or general license obtain the Department's approval of a document containing the radiation safety and engineering evaluation of the product information. “Teletherapy license” means a category of specific license authorizing a person to possess or use radioactive materials to administer teletherapy as defined in §A.2 of the Regulations for the Control of Ionizing Radiation (1994), which is incorporated by reference in COMAR 26.12.01.01. “Unregistered facility” means a facility at which one or more radiation machines is installed without the facility having been registered with the Department, in violation of the provisions of §B.5 of the Regulations for the Control of Ionizing Radiation (1994), which is incorporated by reference in COMAR 26.12.01.01. “X-ray tube” means any electron tube that is designed to be used primarily for the production of X-rays. For the purpose of this regulation, a tube means an X-ray tube, unless otherwise specified. Exemptions. This regulation does not apply to persons using the following sources of radiation: Radiation machines exempted from registration by the Department according to §B.3 of Regulations for the Control of Ionizing Radiation (1994), which is incorporated by reference in COMAR 26.12.01.01; Radioactive materials that are not subject to licensing by Part C of Regulations for the Control of Ionizing Radiation (1994), which is incorporated by reference in COMAR 26.12.01.01; Radiation machines located at a school of dentistry accredited by the Commission on Dental Accreditation of the American Dental Association; and Temporary dental clinics that: Hold a permit under Health Occupations Article, Title 4, Annotated Code of Maryland; Provide all services on a pro bono basis; and Operate fewer than 100 hours per year. The Agency may, upon application or upon its own initiative, grant other exemptions or exceptions from the requirements of this chapter that it determines are authorized by law. Past Due Fees for Unregistered Facilities. A person submitting an application for registration of a radiation machine or machines in an unregistered facility shall remit a past due fee for each machine at the facility for each year the facility was in operation without having been registered in accordance with §B.5 of Regulations for the Control of Ionizing Radiation (1994). The fee is based on the schedule in Regulation .03A of this chapter. Biennial Fees for Radiation Machine Facilities. Except for dental facilities, which must pay annually, each radiation machine facility shall pay to the Department a biennial fee for each radiation machine in that facility based on the fee schedule in Regulation .03B of this chapter. The fee shall be paid on or before the first day of the month in which the anniversary of the registration date occurs. The Department shall collect the biennial fee in two equal annual installments. Annual Fees for Licenses to Possess or Use Radioactive Materials. A person with a license to possess or use radioactive material shall pay to the Department an annual licensing fee in accordance with the fee schedule set forth in Regulation .03C of this chapter. The fee shall be paid on or before the first day of the month in which the anniversary of the license date occurs. Radioactive Material License Reciprocity Fee. A person granted a general license to conduct an activity under the authority of §C.90 of Regulations for the Control of Ionizing Radiation (1994) shall remit a fee equal to the amount shown in Regulation .03C of this chapter. The fee shall be received by the Department before the person may conduct any activity covered by the license during the 180-day period in which the general license is effective. All fees shall be: Payable to the Maryland Department of the Environment Radiation Control Fund; Accompanied by required documents provided by the Department; and Applied to the year following the date payment of the fee is due. Dental Radiation Machine Fees. The annual fee for dental radiation machines shall be $60 per tube, as shown in Regulation .03, Table 2, beginning July 1, 2002. The annual fee for dental radiation machines shall be $70 per tube beginning June 30, 2004. The annual fee for dental radiation machines shall be $80 per tube during the period from July 1, 2006 through June 30, 2010. The annual fee for dental radiation machines shall remain at $80 per tube after June 30, 2010, unless altered by the General Assembly. Sealed Source and Device Registration Fees. Each holder of a Maryland-issued sealed source and device registration sheet shall pay an annual fee [of $1,600 per source or device registration sheet] in accordance with Regulation .03D of this chapter as adjusted each year in accordance with the Consumer Price Index as provided in Regulation .04 of this chapter. This fee shall be paid on or before the first day of the month of the initial issuance date of the registration sheet or sheets. Application fees for evaluating requests for new or modified in entirety sealed source and device registration sheets shall be in accordance with Regulation .03D of this chapter as adjusted each year in accordance with the Consumer Price Index as provided in Regulation .04 of this chapter and shall be paid upon application. Annual General License Fees. Each person as defined in §A.2 of the Regulations for the Control of Ionizing Radiation who possesses radioactive material under the provisions of a general license in §C.22(a), (d), and (e) of COMAR 26.12.01.01 shall pay a calendar year 2016 base annual fee of $50 as adjusted each calendar year in accordance with the Consumer Price Index as provided in Regulation .04 of this chapter. Table I — Past Due Fees for Unregistered Facilities. Table 2 — Radiation Machine Fees. Table 3 — Fees for Specific Radioactive Material Licenses and Reciprocity. Table 4—Fees for Sealed Source and Device Sheets. Beginning January 1, 2012, the annual fees set forth in this chapter, with the exception of Group 6 dental facilities and Group 9 veterinary dental machines, shall be increased each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year exceeds the Consumer Price Index for the previous calendar year. The Consumer Price Index for a calendar year is the average of the Consumer Price Index for all urban consumers published by the Department of Labor as of the close of the 12-month period ending on August 31 of each calendar year. For radioactive materials licensees with a calendar year 2011 base fee greater than $1,000 and sealed source and device sheets, each annual fee adjustment to reflect a change in the Consumer Price Index will be rounded to the nearest higher hundred-dollar increment. For radiation machine fees except dental fees, for general license fees, and for those radioactive material licensees with a calendar year 2011 base fee of $1,000 or less, each annual fee adjustment to reflect a change in the Consumer Price Index will be rounded to the nearest higher one-dollar increment. Environment Article, §§8-301(b)(1)(iii), 8-301(c), 8-304(c), and 8-306, Annotated Code of Maryland Effective date: May 14, 1990 (17:9 Md. R. 1092) Regulation .02C amended effective February 15, 1993 (20:3 Md. R. 261) Regulation .02D, E amended effective December 23, 1991 (18:25 Md. R. 2759) Regulation .02F, G amended effective July 4, 1994 (21:13 Md. R. 1160) Regulation .03 amended effective July 4, 1994 (21:13 Md. R. 1160) Regulation .03A amended effective December 23, 1991 (18:25 Md. R. 2759) Regulations .01—.03 repealed and new Regulations .01—.03 adopted effective January 26, 1998 (25:2 Md. R. 81) Regulation .01B amended effective March 29, 2004 (31:6 Md. R. 511); August 16, 2004 (31:16 Md. R. 1256); January 1, 2015 (41:17 Md. R. 971) Regulation .02 amended effective March 29, 2004 (31:6 Md. R. 511) Regulation .02A, J amended effective August 29, 2016 (43:17 Md. R. 959) Regulation .02I, J adopted effective August 16, 2004 (31:16 Md. R. 1256) Regulation .02I amended effective March 21, 2011 (38:6 Md. R. 397) Regulation .02I, J amended effective January 1, 2015 (41:17 Md. R. 971) Regulation .03 amended effective August 16, 2004 (31:16 Md. R. 1256); March 21, 2011 (38:6 Md. R. 397); January 1, 2015 (41:17 Md. R. 971); August 29, 2016 (43:17 Md. R. 959) Regulation .03A, B amended effective March 29, 2004 (31:6 Md. R. 511) Regulation .04 adopted effective March 21, 2011 (38:6 Md. R. 397) Regulation .04A amended effective August 29, 2016 (43:17 Md. R. 959) Regulation .04C amended effective January 1, 2015 (41:17 Md. R. 971)