CHAPTER 192

FORMERLY

SENATE BILL NO. 30

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 74, TITLE 16 OF THE DELAWARE CODE RELATING TO RADIATION CONTROL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §7401, Chapter 74, Title 16 of the Delaware Code by adding thereto a new subsection, designated as subsection (3), which new subsection shall read as follows:

"(3) Encourage the constructive uses of radiation, and to prohibit and prevent exposure to ionizing radiation in amounts which are or may be detrimental to health."

Section 2. Amend §7402, Chapter 74, Title 16 of the Delaware Code by striking subsection (3) in its entirety, and substituting in lieu thereof the following:

"(3) Establish regulatory responsibilities with respect to radioactive material;"

Section 3. Amend §7402, Chapter 74, Title 16 of the Delaware Code by striking the period (.) at the end of subsection (4); by substituting a semi-colon (0 in lieu thereof; and by adding a new subsection thereto to read as follows:

"(5) Survey radon concentrations indoors to determine elevated radon levels and advise the General Assembly of those potential health effects as are set forth in publications and guidelines of the Federal Government."

Section 4. Amend §7403, Chapter 74, Title 16 of the Delaware Code by adding thereto the following new subsections:

"(10) 'NARM' means any naturally occurring or accelerator-produced radioactive material, except source material.

(II) 'Radioactive Material' means any material (solid, liquid, or gas which emits radiation spontaneously (e.g. byproduct, source material, special nuclear material and NARM)."

Section 5. Amend §7404, Chapter 74, Title 16 of the Delaware Code by striking subsection (a) in its entirety, and substituting in lieu thereof the following:

"(a) There is created an Authority on Radiation Protection which shall consist of the Secretary of the Department of Health and Social Services, or his duly authorized designee; the Secretary of the Department of Natural Resources and Environmental Control, or his, duly authorized designee; the Chief of the Bureau of Environmental Health of the Department of Health and Social Services; and twelve (12) other persons who shall be appointees of the Governor. Two appointees shall be from the Radiation Advisory Board of the Medical Society of Delaware; one appointee shall be from the Dental Society of Delaware; one appointee shall be a qualified member from the staff or faculty of the University of Delaware or Delaware State College; one appointee shall be a non-medical member from industry; and the remaining seven (7) shall be appointed members of the public who need not fall into any of the other categories for membership on the Authority, but who have knowledge of and an interest in radiation protection. Each non-public member shall have had training in one or more of the following fields; radiology, nuclear medicine, radiation physics, health physics, or related sciences with specialization in ionizing radiation; provided however, that not more than two persons shall be specialists in any one of the above-named fields. Each county shall be represented by at least two members. Each of the fifteen members shall have one vote."

Section 6. Amend §7406, Chapter 74, Title 16 of the Delaware Code by striking subsection (a) In its entirety, and substituting in lieu thereof the following:

"(a) The Authority shall promulgate Rules and Regulations for the general or specific licensing of radioactive material and devices or equipment utilizing such materials; and for the registration or exemption of such material, devices or equipment. Such Rules or Regulations shall provide for the amendment, suspension or revocation of such licenses or registration."

Section 7. Amend §7417, Chapter 74, Title 16 of the Delaware Code by striking subsection (a) and subsection (b), each in its entirety; and substituting in lieu thereof the following:

"(a) No facility for the permanent deposit, storage, reprocessing or disposal of spent nuclear fuel elements, or for the permanent deposit, storage, reprocessing or disposal of high or low-level radioactive waste material, shall be constructed or established in this State unless the Authority on Radiation Protection first finds that such facility promotes the general good of the State and approves, after a public hearing, a petition for the approval of such facility.

(b) No high-level radioactive waste material, nor any low-level radioactive waste material shall be held in temporary storage for longer than five years."

Section 8. Amend §7418, Chapter 74, Title 16 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

"§7418. Radioactive material originating in another state.

The Authority on Radiation Protection shall not permit the deposit in Delaware, for any period of time, of any radioactive waste material set forth in subsection (a) of §7417 originating in any other state."

Approved April 5, 1990.