§ 104E-7. Radiation Protection Commission - Creation and powers. - North Carolina Statutes

§ 104E‑7.  RadiationProtection Commission – Creation and powers.

(a)        There is herebycreated the North Carolina Radiation Protection Commission of the Department ofEnvironment and Natural Resources with the power to promulgate rules andregulations to be followed in the administration of a radiation protectionprogram. All rules and regulations for radiation protection that were adoptedby the Commission for Public Health and are not inconsistent with theprovisions of this Chapter shall remain in full force and effect unless anduntil repealed or superseded by action of the Radiation Protection Commission.The Radiation Protection Commission is authorized:

(1)        To advise theDepartment in the development of comprehensive policies and programs for theevaluation, determination, and reduction of hazards associated with the use ofradiation;

(2)        To adopt,promulgate, amend and repeal such rules, regulations and standards relating tothe manufacture, production, transportation, use, handling, servicing, installation,storage, sale, lease, or other disposition of radioactive material andradiation machines as may be necessary to carry out the policy, purpose andprovisions of this Chapter. To this end, the Commission is authorized torequire licensing or registration of all persons who manufacture, produce,transport, use, handle, service, install, store, sell, lease, or otherwisedispose of radioactive material and radiation machines, as the Commission deemsnecessary to provide an adequate protection and supervisory program: provided,that prior to adoption of any regulation or standard, or amendment or repealthereof, the Commission shall afford interested parties the opportunity, at apublic hearing, as provided in G.S. 104E‑13, to submit data or viewsorally or in writing. The recommendations of nationally recognized bodies inthe field of radiation protection shall be taken into consideration in suchstandards relative to permissible dosage of radiation;

(3)        To require allsources of ionizing radiation to be shielded, transported, handled, used,stored, or disposed of in such a manner to provide compliance with theprovisions of this Chapter and rules, regulations and standards adoptedhereunder;

(4)        To require, onprescribed forms furnished by the Department, registration, periodicreregistration, licensing, or periodic relicensing of persons to use,manufacture, produce, transport, transfer, install, service, receive, acquire,own, or possess radiation machines and other sources of radiation;

(5)        To exempt certainsources of radiation or kinds of uses or users from the licensing orregistration requirements set forth in this Chapter when the Commissiondetermines that the exemption of such sources of radiation or kinds of uses orusers will not constitute a significant risk to the health and safety of thepublic;

(6)        To promulgate rulesand regulations pursuant to this Chapter which may provide for recognition ofother state and federal licenses as the Commission shall deem desirable,subject to such registration requirements as it may prescribe; and exercise allincidental powers necessary to carry out the provisions of this Chapter;

(7)        To provide by ruleand regulation for an electronic product safety program to protect the publichealth and safety, which program may authorize regulation and inspection ofsources of nonionizing radiation throughout the State. The product safetyprogram may include the establishment of minimum qualifications for theoperators of these products or sources.

(8)        To adopt, amend, repealor promulgate such rules, regulations, and standards relating to thenonradioactive, toxic and hazardous aspects of radioactive waste disposal, asmay be necessary to protect the public health and safety.

(9)        To adopt regulationsestablishing financial responsibility requirements for maintenance, operationand long‑term care of low‑level radioactive waste facilities,including insurance during the operation of the facility and adequate assuranceof availability of funds for facility closure and post‑closure monitoringand corrective measures.

(10)      To adopt rules whichexempt a generator of low‑level radioactive waste who operates a low‑levelradioactive waste facility solely for the management of wastes he produces,from any requirement, made applicable by this Chapter or rules adopted pursuantto this Chapter to low‑level radioactive waste facilities generallywhere, because of the low volume or activity of the wastes involved, suchexemption would not endanger the public health or safety, or the environment.

(b)        No license for alow‑level radioactive waste facility that would accept low‑levelradioactive waste from the public, or from another person for a fee, shall beissued other than for a facility authorized by the General Assembly. (1975, c. 718, s. 1; 1979, c.694, s. 3; 1981, c. 704, s. 10; 1987, c. 850, s. 5; 1989, c. 727, s. 219(17);1991, c. 735, s. 3; 1997‑443, s. 11A.119(a); 2001‑474, s. 2; 2007‑182,s. 2.)