CHAPTER 266

AN ACT RELATING TO THE CONTROL OF RADIATION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 16, Delaware Code, is amended by adding thereto a new chapter to read:

CHAPTER 74. RADIATION CONTROL § 7401. Declaration of policy

It is the policy of the State in furtherance of its responsibilities to protect the public health and safety to :

(1) institute and maintain a regulatory program for sources of ionizing radiation so as to provide for (i) compatibility with the standards and regulatory programs of the federal government, (ii) a single, effective system of regulation within the state, and (iii) a system consonant insofar as possible with those of other states; and

(2) institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public.

§ 7402. Purpose

It is the purpose of this chapter to effectuate the policies set forth in section 7401 of this title by providing a program to :

(1) effectively regulate sources of ionizing radiation for the protection of the occupational and public health and safety ;

(2) promote an orderly regulatory pattern within the state, among the states and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized ;

(3) establish regulatory responsibilities with respect to by-product, source and special nuclear materials ; and

(4) permit maximum utilization of sources of ionizing

radiation consistent with the health and safety of the public.

§ 7403. Definitions

As used in this chapter--

(a) "Authority" means the Authority on Radiation Protection created by section 7404 of this title;

() "By-product material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;

(a) "Ionizing radiation" means gamma rays and x-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles ; but not sound or radio waves, or visible, infrared, or ultraviolet light;

(b) "General license" means a license or registration effective pursuant to regulations promulgated by the Authority without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices, or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially ;

(c) "Specific license" means a license or registration issued by the Authority, after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially;

(d) "Person" in addition to the definitions contained in section 302 of title 1, means any public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by United States Atomic Energy Commission or any successor thereto ;

"Source material" means (1) uranium, thorium or any other material which the Authority declares to be source material in concurrence with the United States Atomic Energy

Commission or any successor thereto who has determined the material to be such ; or (2) ores containing one or more of the foregoing materials in such concentration as the Authority declares by order to be source material in concurrence with the United States Atomic Energy Commission, or any successor thereto, who has determined the material in such concentration to be source material.

(h) "Special nuclear material" means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Authority declares by order to be special nuclear material in concurrence with the United States Atomic Energy Commission, or any successor thereto, who has determined the material to be such, but does not include source material ; or (2) any material artificially enriched by any of the foregoing, but does not include any of the source material.

§ 7404. Authority on radiation protection

(a) There is created an Authority on Radiation Protection which shall consist of the Director of the Water Pollution Commission, the State Sanitary Engineer, the Executive Secretary of the State Board of Health, and four other persons to be appointed by the Governor. Two appointees shall be from the Radiation Advisory Board of the Medical Society of Delaware; one appointee shall be a qualified member from the professional staff of the University of Delaware or Delaware State College ; and the other appointee shall he a nonmedical member from industry. The Authority members shall have scientific training in one or more of the following fields : radiology, nuclear medicine, radiation or health physics or related sciences, with specialization in ionizing radiation ; provided that not more than two persons shall be specialists in any one of the above named fields.

(b) Authority members appointed by the Governor shall he appointed for a term of 3 years. Two shall be initially appointed for terms of 1 year, 1 for a term of 2 years and 1 for a term of 3 years. The terms shall commence on July 1st in the year of appointment. Each Authority member shall hold over after the expiration of his term until his successor has been appointed and has taken office. Vacancies shall be filled for the unexpired term.

(c) The Executive Secretary of the State Board of Health shall be Secretary of the Authority. The State Board of Health shall be the Administrative Agent for the Authority. The Board shall make such inspections, conduct such investigations, and do such other acts as may be necessary to carry out the provisions of this chapter within the limits of the appropriation made for this purpose. The Administrative Agent shall have all of the powers conferred by law upon the Authority except adopting the rules and regulations provided for in this chapter, subject, however, to the general direction of the Authority.

(d) The Authority members when attending Authority meetings or when doing work for the Authority, shall be paid necessary traveling and other expenses connected with such meetings or work,

(e) The Authority shall elect a chairman to serve for 1 year from those members appointed by the Governor. A majority of the Authority shall constitute a quorum to transact its business.

(f) The Authority shall hold at least 4 regular meetings each calendar year and such special meetings as it deems necessary.

(g) The Authority shall review policies and programs relating to control of ionizing radiation and make recommendations thereon to the agencies of the state.

(h) The Authority may aid the State Board of Health in the employment, training of and prescribing of the power and duties of such individuals as may be necessary to carry out the provisions of this chapter.

§ 7405. Rules and regulations; adoption; notice; hearing

The Authority shall adopt rules and regulations, as may be necessary for control of sources of ionizing radiation. Prior to adoption of any rule or regulation, the Authority shall publish or otherwise circulate notice of its intended action and afford interested parties an opportunity, at a public hearing, to submit data and views orally or in writing. No code, rule, regulation or amendment or repeal thereof shall be effective until 60 days after adoption thereof.

§ 7406. Licensing and registration of sources of ionizing radiation

(a) The Authority shall provide for general or specific licensing or registering or exemption of by-product, source, special nuclear materials, or devices or equipment utilizing such materials. Such rule or regulation shall provide for amendment, suspension or revocation of licenses or registrations.

(b) The Authority may require registration or licensing of other sources of ionizing radiation as it may deem necessary.

(c) The Authority may provide for recognition of other state or federal licenses or registrations.

§ 7407. Inspection

The Authority or its duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violations of the provisions of this chapter and rules and regulations issued thereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly authorized designated representative.

§ 7408. Records

(a) The Authority shall require each person who possesses or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer or disposal and such other records as the Authority may require subject to such exemptions as may be provided by rules or regulations,

(b) The Authority shall require each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by the rules and regulations of the Authority. Copies of these records and those re

quired to be kept by this section shall be submitted to the Administrative Agent or Authority on request. Any person possessing or using a source of ionizing radiation shall notify each employee for whom personnel monitoring is required of such employee's personal exposure record annually, at any time such employee has received excessive exposure, and upon termination of employment.

§ 7409. Federal-state agreements

(a) The Governor, upon the recommendation of the Authority may enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state.

(b) In the event that the Governor enters into an agreement with the federal government all federal licenses which are valid on the effective date of such agreement shall have the force and effect of a state license or registration issued by the Authority. Such licenses shall be deemed to expire on a date which shall be the earlier of (1) the date of expiration specified in the federal license or (2) 90 days from receipt from the Authority of notice that the federal license will no longer be recognized by the Authority.

§ 7410. Inspection agreements and training programs

(a) Subject to the approval of the Governor, the Authority may enter into agreements with the federal government, other states or interstate agencies for inspections or other functions relating to control of sources of ionizing radiation.

The Authority may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter, and may make personnel available for participation in any program or programs of the federal government, other states or interstate agencies.

§ 7411. Conflicting laws

Ordinances, resolutions or regulations of a governing body or of any other governmental unit relating to by-product, source

and special nuclear materials shall not be superseded by this chapter, if they are consistent with the provisions of this chapter, and rules and regulations thereunder.

§ 7412. Administrative procedure and judicial review; emergency rules

(a) In any proceeding under this chapter (1) for the issuance or modification of rules and regulations relating to control of sources of ionizing radiation ; or (2) for granting, suspending, revoking, or amending any license or registration; or (3) for determining compliance with (or granting exceptions from) rules and regulations of the Authority, the Authority shall afford an opportunity for a hearing on the record upon the request of any person who may be affected by the action of the Authority and shall admit any such person as a party to such proceeding.

() Whenever the Administrative Agent finds that an emergency exists requiring immediate action to protect the public health and safety, the Administrative Agent may, without notice or hearing, issue a regulation or order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Such regulation or order may be effective immediately. Any person to whom such regulation or order is directed shall comply therewith immediately but on application to the Authority shall be afforded a hearing within 30 days. On the basis of such hearing, the emergency regulation or order shall be continued, modified or revoked within 30 days after such hearing.

(a) Any final order entered in any proceeding by the Authority or the Administrative Agent shall be subject to judicial review by the Superior Court of this state.

§ 7413. Injunctions

Whenever, in the judgment of the Authority, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule, regulation or order issued thereunder, the Authority may request the Attorney General to make

application to the Court of 'Chancery for an order enjoining such acts or practices, or for an order directing compliance and upon a showing by the Authority, that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.

§ 7414. Prohibited uses

It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any source of ionizing radiation unless licensed by, registered with, or specifically exempted by the Authority in accordance with this chapter.

§ 7415. Impounding of materials

The Authority shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation, with the approval of the Atomic Energy Commission when deemed necessary, in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder.

§ 7416. Penalties; jurisdiction of Superior Court

Any person who wilfully violates any of the provisions of this chapter or rules, regulations or orders of the Authority, shall upon conviction thereof, be punished by a fine (not in excess of $500) or by imprisonment for not more than 1 year, or both. Each violation shall be considered a separate offense. The Superior Court shall have jurisdiction of offenses under this chapter.

Section 2. Any provisions of this act relating to the control of by-product, source, and special nuclear materials presently regulated by the Atomic Energy Commission shall not become effective until the effective date of the agreement between the federal government and this State as provided in §7409 of Section 1 of this act.

Section 3. There is hereby appropriated from the General Fund to the State Board of Health the sum of $5,000 for carrying out the purposes of this act.

Approved April 26, 1968.