§ 20-21-207 - State Radiation Control Agency -- Powers and duties generally.
20-21-207. State Radiation Control Agency -- Powers and duties generally.
For the protection of the occupational and public health and safety, the State Radiation Control Agency shall:
(1) Develop programs for evaluation and control of hazards associated with the use of sources of ionizing radiation;
(2) Develop programs, with due regard for compatibility with federal programs, for regulation of byproduct, source, and special nuclear materials and for regulation of radiation equipment;
(3) Formulate, adopt, promulgate, and repeal codes, rules, and regulations which may provide for licensing or registration relating to control, storage, or disposal of sources of ionizing radiation with due regard for compatibility with the regulatory programs of the federal government;
(4) Issue such orders or modifications as may be necessary in connection with proceedings under this subchapter;
(5) Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, and groups concerned with control of sources of ionizing radiation;
(6) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;
(7) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation;
(8) Collect and disseminate information relating to control of sources of ionizing radiation, including:
(A) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;
(B) Maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under this subchapter and any administrative or judicial action pertaining thereto; and
(C) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiations, pending or promulgated, and proceedings thereon;
(9) Be authorized to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Arkansas, any lands, buildings, and grounds where radioactive byproducts and wastes produced by industrial, medical, agricultural, scientific, or other organizations can be concentrated, stored, or otherwise disposed of in a manner consistent with the public health and safety. The agency may exercise its power to condemn in the manner prescribed by law for condemnation by the Arkansas State Highway and Transportation Department in 27-67-301 et seq.;
(10) (A) Allow the Director of the Division of Health of the Department of Health and Human Services or his or her authorized representative to require the posting of a bond by licensees to provide funds in the event of abandonment, default, or other inability of the licensee to meet the requirements of the agency. The agency may establish bonding requirements by classes of licensee and by range of monetary amounts. In establishing the requirements, the agency shall give consideration to the potential for contamination, injury, cost of disposal, and reclamation of the property.
(B) The agency shall deposit the proceeds from all forfeited bonds into a special fund known as and called the the "Radiation Reclamation Fund". All moneys in the Radiation Reclamation Fund are appropriated to the agency for use in effectuating protection of public health and safety. Moneys in the Radiation Reclamation Fund shall not be used for normal operating expenses of the agency.
(C) A bond deemed acceptable in Arkansas shall be a bond issued by a fidelity or surety company authorized to do business in Arkansas, a personal bond secured by such collateral as the director deems satisfactory, a cash bond, or a letter of credit.
(D) (i) All state, local, or other governmental agencies or subdivisions shall be exempt from the requirements of this subdivision (10).
(ii) The director may exempt classes of licensees from the requirements of this section when a finding is made that the exemption will not result in a significant risk to the public health and safety; and
(11) (A) Allow the director or his or her authorized representative to require a licensee to deposit funds on an annual, semiannual, or quarterly basis in a trust fund established for the exclusive purpose set out in this subdivision (11). The Perpetual Maintenance Fund shall be defined so as to embrace each of the following:
(i) A source of revenue to provide for perpetual care and surveillance of a radioactive waste concentration, storage, and disposal site as described in subdivision (9) of this section or a source of revenue to provide for perpetual care and surveillance of a formerly licensed activity still containing or having associated with it radioactive material, the activity having ceased to operate by reason of default, abandonment, or decommissioning;
(ii) The Perpetual Maintenance Fund shall have two (2) inputs:
(a) Fees which are contributed by the lessee or licensee resulting from the operation of concentrating, storing, or disposing of radioactive material as set forth in subdivision (9) of this section; and
(b) Moneys accrued as interest on a trust fund established by a licensee. These funds shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning;
(iii) Moneys in the Perpetual Maintenance Fund shall be appropriated to the agency for use in a way consonant with this subchapter, including such items as perpetual care, maintenance, and surveillance; and
(iv) All licensee contributions to the Perpetual Maintenance Fund shall be payable to the director and deposited by the Treasurer of State.
(B) To provide for the proper care and surveillance of licensed sites subject to subdivision (11)(A) of this section, the state shall have the right to acquire by gift, transfer, purchase, or condemnation from another government agency or private person any lands, buildings, and grounds necessary to fulfill the purposes of this section. Any gift, transfer, purchase, or condemnation shall be subsequently subject to be approved and accepted by the state.
(C) To effectuate the provisions of this subchapter, the agency, by lease or license with any person, may provide for the operation of a site. Any lessee or licensee operating under the provisions of this subdivision (11) shall be subject to subdivision (10) of this section.
(D) (i) The funds required by this subdivision (11) shall be established at such rate that interest on the sum of all funds reasonably anticipated as payable shall provide an annual amount equal to the anticipated reasonable costs necessary to maintain, monitor, and otherwise supervise and care for the lands and facilities as required in the interest of public health and safety.
(ii) In arriving at the rate of funds to be deposited, the agency shall consider the nature of the licensed material, size and type of activity, estimated future receipts, and estimated future expenses of maintenance, monitoring, and supervision.
(E) Recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department thereof, all lands, buildings, and grounds acquired by the state under subdivision (11)(B) of this section shall be owned in fee simple absolute by the state for purposes stated in subdivision (11)(B) of this section. All radioactive material received at the site and located therein at time of acquisition of ownership by the state becomes the property of the state.
(F) If a person licensed by any governmental agency other than the State of Arkansas desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump-sum deposit shall be made to a trust fund. The amount of the deposit shall be determined by the director, taking into consideration the factors stated in subdivision (11)(D) of this section.