19-3-104 - Registration and licensing of radiation sources by department -- Assessment of fees -- Rulemaking authority and procedure -- Siting criteria. - Utah Statutes

19-3-104. Registration and licensing of radiation sources by department --Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
(1) As used in this section:
(a) "Decommissioning" includes financial assurance.
(b) "Source material" and "byproduct material" have the same definitions as in 42U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
(2) The board may require the registration or licensing of radiation sources that constitutea significant health hazard.
(3) All sources of ionizing radiation, including ionizing radiation producing machines,shall be registered or licensed by the department.
(4) The board may make rules:
(a) necessary for controlling exposure to sources of radiation that constitute a significanthealth hazard;
(b) to meet the requirements of federal law relating to radiation control to ensure theradiation control program under this part is qualified to maintain primacy from the federalgovernment;
(c) to establish:
(i) board accreditation requirements and procedures for mammography facilities; and
(ii) certification procedure and qualifications for persons who survey mammographyequipment and oversee quality assurance practices at mammography facilities; and
(d) as necessary regarding the possession, use, transfer, or delivery of source andbyproduct material and the disposal of byproduct material to establish requirements for:
(i) the licensing, operation, decontamination, and decommissioning, including financialassurances; and
(ii) the reclamation of sites, structures, and equipment used in conjunction with theactivities described in this Subsection (4).
(5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source andbyproduct material and the disposal of byproduct material at uranium mills or commercial wastefacilities, as provided in this Subsection (5).
(b) On and after January 1, 2003 through March 30, 2003:
(i) $6,667 per month for uranium mills or commercial sites disposing of or reprocessingbyproduct material; and
(ii) $4,167 per month for those uranium mills the executive secretary has determined areon standby status.
(c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection(5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah anamendment for agreement state status for uranium recovery regulation on or before March 30,2003.
(d) If the Nuclear Regulatory Commission does not grant the amendment for stateagreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and arenot required to be paid until on and after the later date of:
(i) October 1, 2003; or
(ii) the date the Nuclear Regulatory Commission grants to Utah an amendment foragreement state status for uranium recovery regulation.
(e) For the payment periods beginning on and after July 1, 2003, the department shall

establish the fees required under Subsection (5)(a) under Section 63J-1-504, subject to therestrictions under Subsection (5)(d).
(f) The department shall deposit fees it receives under this Subsection (5) into theEnvironmental Quality Restricted Account created in Section 19-1-108.
(6) (a) The department shall assess fees for registration, licensing, and inspection ofradiation sources under this section.
(b) The department shall comply with the requirements of Section 63J-1-504 in assessingfees for licensure and registration.
(7) The department shall coordinate its activities with the Department of Health rulesmade under Section 26-21a-203.
(8) (a) Except as provided in Subsection (9), the board may not adopt rules, for thepurpose of the state assuming responsibilities from the United States Nuclear RegulatoryCommission with respect to regulation of sources of ionizing radiation, that are more stringentthan the corresponding federal regulations which address the same circumstances.
(b) In adopting those rules, the board may incorporate corresponding federal regulationsby reference.
(9) (a) The board may adopt rules more stringent than corresponding federal regulationsfor the purpose described in Subsection (8) only if it makes a written finding after publiccomment and hearing and based on evidence in the record that corresponding federal regulationsare not adequate to protect public health and the environment of the state.
(b) Those findings shall be accompanied by an opinion referring to and evaluating thepublic health and environmental information and studies contained in the record which form thebasis for the board's conclusion.
(10) (a) The board shall by rule:
(i) authorize independent qualified experts to conduct inspections required under thischapter of x-ray facilities registered with the division; and
(ii) establish qualifications and certification procedures necessary for independentexperts to conduct these inspections.
(b) Independent experts under this Subsection (10) are not considered employees orrepresentatives of the division or the state when conducting the inspections.
(11) (a) The board may by rule establish criteria for siting commercial low-levelradioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section19-3-103.7.
(b) Subject to Subsection 19-3-105(10), any facility under Subsection (11)(a) for which aradioactive material license is required by this section shall comply with those criteria.
(c) Subject to Subsection 19-3-105(10), a facility may not receive a radioactive materiallicense until siting criteria have been established by the board. The criteria also apply to facilitiesthat have applied for but not received a radioactive material license.
(12) The board shall by rule establish financial assurance requirements for closure andpostclosure care of radioactive waste land disposal facilities, taking into account existingfinancial assurance requirements.

Amended by Chapter 183, 2009 General Session