N.C. Gen. Stat. § 104E-1
Title
Title. This Chapter shall be known and may be cited as the "North Carolina Radiation Protection Act." (1975, c. 718, s. 1.)
North Carolina General Statutes Chapter 104E — Chapter 104E.
North Carolina · statute · N.C. Gen. Stat. ch. 104E · 35 active provisions
Provisions
N.C. Gen. Stat. § 104E-2
Scope
Scope. Except as otherwise specifically provided, this Chapter applies to all persons who receive, possess, use, transfer, own or acquire any source of radiation within the State of North Carolina; provided, however, that nothing in this Chapter shall apply to any person to the extent such person is subject to regulati…
N.C. Gen. Stat. § 104E-3
Declaration of policy
Declaration of policy. It is the policy of the State of North Carolina in furtherance of its responsibility to protect the public health and safety: (1) To institute and maintain a program to permit development and utilization of sources of radiation for purposes consistent with the health and safety of the public; and…
N.C. Gen. Stat. § 104E-4
Purpose
Purpose. It is the purpose of this Chapter to effectuate the policies set forth in G.S. 104E-3 by providing for: (1) A program of effective regulation of sources of radiation for the protection of the occupational and public health and safety; (2) A program to promote an orderly regulatory pattern within the State, amo…
N.C. Gen. Stat. § 104E-5
Definitions
Definitions. Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (1) "Agreement materials" means those materials licensed by the State under agreement with the United States Nuclear Regulatory Commission an…
N.C. Gen. Stat. § 104E-6
Designation of State radiation protection agency
Designation of State radiation protection agency. The Department is hereby designated the State agency to administer a statewide radiation protection program consistent with the provisions of this Chapter. (1975, c. 718, s. 1.)
N.C. Gen. Stat. § 104E-6.1
Conveyance of land used for low-level radioactive waste disposal facility to State
Conveyance of land used for low-level radioactive waste disposal facility to State. (a) No land may be used as a low-level radioactive waste disposal facility until fee simple title to the land has been conveyed to the State of North Carolina. In consideration for such conveyance, the State shall enter into a lease agr…
N.C. Gen. Stat. § 104E-6.2
Local ordinances prohibiting low-level radioactive waste facilities invalid; petition to preempt local ordinance
Local ordinances prohibiting low-level radioactive waste facilities invalid; petition to preempt local ordinance. (a) It is the intent of the General Assembly to maintain a uniform system for the management of low-level radioactive waste and to place limitations upon the exercise by all units of local government in Nor…
N.C. Gen. Stat. § 104E-7
Radiation Protection Commission - Creation and powers
Radiation Protection Commission - Creation and powers. (a) There is hereby created the North Carolina Radiation Protection Commission of the Department of Health and Human Services with the power to promulgate rules and regulations to be followed in the administration of a radiation protection program. All rules and re…
N.C. Gen. Stat. § 104E-8
Radiation Protection Commission - Members; selections; removal; compensation; quorum; services
Radiation Protection Commission - Members; selections; removal; compensation; quorum; services. (a) The Commission shall consist of 11 voting public members and 10 nonvoting ex officio members. The 11 voting public members of the Commission shall be appointed by the Governor as follows: (1) One member who shall be acti…
N.C. Gen. Stat. § 104E-9
Powers and functions of Department of Health and Human Services
Powers and functions of Department of Health and Human Services. (a) The Department of Health and Human Services is authorized: (1) To advise, consult and cooperate with other public agencies and with affected groups and industries. (2) To encourage, participate in, or conduct studies, investigations, public hearings,…
N.C. Gen. Stat. § 104E-9.1
Restrictions on use and operation of tanning equipment
Restrictions on use and operation of tanning equipment. (a) Operators of tanning equipment and owners of tanning facilities subject to rules adopted pursuant to this Chapter shall comply with or ensure compliance with the following: (1) The operator shall provide to each consumer a warning statement that defines the po…
N.C. Gen. Stat. § 104E-10
Licensing of by-product, source, and special nuclear materials and other sources of ionizing radiation
Licensing of by-product, source, and special nuclear materials and other sources of ionizing radiation. (a) The Governor, on behalf of this State, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the responsibilities of the federal government with respect to…
N.C. Gen. Stat. § 104E-10.1
Additional requirements for low-level radioactive waste facilities
Additional requirements for low-level radioactive waste facilities. (a) An applicant for a license for a low-level radioactive facility shall satisfy the Department that: (1) Any low-level radioactive waste facility heretofore constructed or operated by the applicant (or any parent or subsidiary corporation if the appl…
N.C. Gen. Stat. § 104E-10.2
Conveyance of property used for radioactive material disposal
Conveyance of property used for radioactive material disposal. A license to dispose of radioactive waste materials on land shall include a legal description of the disposal site that would be sufficient as a description in an instrument of conveyance. The license to dispose of radioactive waste materials shall not be e…
N.C. Gen. Stat. § 104E-10.3
Low-level radioactive waste facility access licenses
Low-level radioactive waste facility access licenses. The Commission shall provide by regulation for the licensing of access to any low-level radioactive waste facility located in the State. No person shall send waste to a low-level radioactive waste facility unless licensed or otherwise authorized to do so by the Depa…
N.C. Gen. Stat. § 104E-11
Inspections, agreements, and educational programs
Inspections, agreements, and educational programs. (a) Authorized representatives of the Department shall have the authority to enter upon any public or private property, other than a private dwelling, at all reasonable times for the purpose of determining compliance with the provisions of this Chapter and rules, regul…
N.C. Gen. Stat. § 104E-12
Records
Records. (a) The Commission is authorized to require each person who possesses or uses a source of radiation: (1) To maintain appropriate records relating to its receipt, storage, use, transfer, or disposal and maintain such other records as the Commission may require, subject to such exemptions as may be provided by t…
N.C. Gen. Stat. § 104E-13
Administrative procedures and judicial review
Administrative procedures and judicial review. (a) The Department may refuse to grant a license as provided in G.S. 104E-7 or 104E-10 to any applicant who does not possess the requirements or qualifications which the Commission may prescribe in rules and regulations. The Department may suspend, revoke, or amend any lic…
N.C. Gen. Stat. § 104E-14
Impounding of materials
Impounding of materials. (a) Authorized representatives of the Department shall have the authority in the event of an emergency to impound or order the impounding of sources of radiation 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 reg…
N.C. Gen. Stat. § 104E-15
Transportation of radioactive materials
Transportation of radioactive materials. (a) The Radiation Protection Commission is authorized to adopt, promulgate, amend, and repeal rules and regulations governing the transportation of radioactive materials in North Carolina, which, in the judgment of the Commission, shall promote the public health, safety, or welf…
N.C. Gen. Stat. § 104E-16
Nonreverting Radiation Protection Fund
Nonreverting Radiation Protection Fund. (a) There is hereby established under the control and direction of the Department a Nonreverting Radiation Protection Fund which shall be used to defray the expenses of any project or activity for: (1) Emergency response to and decontamination of radiation accidents as provided i…
N.C. Gen. Stat. § 104E-17
Payments to State and local agencies
Payments to State and local agencies. Upon completion of any project or activity stated in G.S. 104E-16(a)(1), and from time to time during any project or activity stated in G.S. 104E-16(a)(2), each State and local agency that has participated by furnishing personnel, equipment or material shall deliver to the Departme…
N.C. Gen. Stat. § 104E-18
Security for emergency response and perpetual maintenance costs
Security for emergency response and perpetual maintenance costs. (a) No person shall use, manufacture, produce, transport, transfer, receive, acquire, own, possess or dispose of radioactive material until that person shall have procured and filed with the Department such bond, insurance or other security as the Commiss…
N.C. Gen. Stat. § 104E-19
Fees
Fees. (a) An annual fee in the amount set by the Department is imposed on a person who is required to be registered or licensed under this Chapter. The Department must set the fees at amounts that provide revenue to offset its costs in performing its duties under this Chapter. (b) Repealed by Session Laws 1987, c. 850,…
Page 1 of 2Next →