Title 31, Chapter 13, Section 5
( 31-13-5)
(a) For the protection of the public health and safety, the
Department of Human Resources, with regard to radiation generating
equipment, and the Department of Natural Resources, with regard to
radioactive materials, are empowered to: (1) Develop comprehensive policies and programs for the
evaluation, determination, and amelioration of hazards associated
with the use of radiation. Such policies and programs shall be
developed with due regard for compatibility with federal programs; (2) Advise, consult, and cooperate with other public agencies and
with affected groups and industries; (3) Encourage, participate in, or conduct studies, investigations,
public hearings, training, research, and demonstrations relating
to the control of sources of radiation, the effect upon public
health and safety of exposure to radiation, and related problems; (4) Adopt, promulgate, amend, and repeal such rules, regulations,
and standards which may provide for licensing or registration
relating to the distribution, assembly, manufacture, production,
transportation, use, handling, storage, disposal, sale, lease, or
other disposition of radioactive material and radiation generating
equipment as may be necessary to carry out this chapter, provided
that prior to adoption of any regulation or standard, or amendment
or repeal thereof, the Department of Human Resources or the
Department of Natural Resources, as is appropriate, shall afford
interested parties an opportunity, at a public hearing conducted
as provided in Article 1 of Chapter 5 of this title, to submit
data or views orally or in writing. The recommendations of
nationally recognized bodies in the field of radiation protection
shall be taken into consideration when formulating standards
relative to the permissible dosage of radiation; (5) Issue, modify, or revoke orders, in connection with
proceedings under this chapter, prohibiting or abating the
discharge of radiation and radioactive material or waste into the
ground, air, or waters of the state, except that the Department of
Natural Resources shall not prohibit discharges expressly
permitted by the federal Nuclear Regulatory Commission or any
successor agency; (6) Require the submission of plans, specifications, and reports
for new construction and material alterations on (A) the design
and protective shielding of installations for radioactive material
and radiation generating equipment; and (B) systems for the
disposal of radioactive waste materials and for the determination
of any radiation hazard; and render opinions, approve, or
disapprove such plans and specifications; (7) Require all sources of radiation to be shielded, transported,
handled, used, stored, or disposed of in such a manner to provide
compliance with this chapter and rules, regulations, and standards
adopted pursuant to this chapter; (8) Collect and disseminate information relating to the control of
sources of radiation, including but not limited to (A) maintenance
of a file of all license applications, issuances, denials,
amendments, transfers, renewals, modifications, suspensions, and
revocations; and (B) maintenance of a file of registrants
possessing sources of radiation requiring registration under this
chapter, regulations promulgated pursuant to this chapter, and any
administrative or judicial action pertaining thereto; (9) Exempt certain sources of radiation or kinds of uses or users
from the licensing or registration requirements set forth in this
chapter when the Department of Human Resources or the Department
of Natural Resources, as is applicable, determines that the
exemption of such sources of radiation or kinds of uses or users
will not constitute a significant risk to the health and safety of
the public; (10) Adopt and promulgate rules and regulations pursuant to this
chapter which may provide for recognition of other state and
federal licenses as the Department of Human Resources or the
Department of Natural Resources shall deem desirable, subject to
such registration requirements as may be prescribed by the
applicable department; and (11) Exercise all incidental powers necessary to administer this
chapter. (b) The Department of Human Resources and the Department of Natural
Resources are authorized to enter upon any public or private
property at all reasonable times for the purpose of determining
compliance with applicable provisions of this chapter and rules,
regulations, and standards adopted pursuant to this chapter. (c) The Department of Human Resources and the Department of Natural
Resources are authorized to enter into appropriate agreements with
the federal government, other states, or interstate agencies,
whereby this state will perform, on a cooperative basis with the
federal government, other states, or interstate agencies,
inspections and other functions related to the control of radiation. (d) The Department of Human Resources and the Department of Natural
Resources are authorized to institute appropriate training programs
for the purpose of qualifying personnel to administer applicable
provisions of this chapter and may make such personnel available for
participation in any programs of the federal government, other
states, or interstate agencies in furtherance of the purposes of
this chapter. |