45-14-11 - General powers of state board of health.
§ 45-14-11. General powers of state board of health.
In order to provide for the protection of the public health and safety, the agency is empowered to:
(a) Develop comprehensive policies and programs for the evaluation, determination and amelioration of hazards associated with the use of sources of radiation. Such policies and programs shall be developed with due regard for compatibility with federal programs for the control and regulation of sources of radiation;
(b) Advise, consult and cooperate with other public agencies and with affected groups and industries;
(c) Encourage, participate in or conduct studies, investigations, public hearings, training, research and demonstrations relating to the control of sources of radiation, the measurement of radiation, the effect upon public health and safety of exposure to radiation and related problems;
(d) Adopt, promulgate, amend and repeal such rules, regulations and standards which may provide for licensing or registration relating to the receipt, possession, use, transfer, ownership, acquisition, manufacture, production, transportation, handling, storage, disposal, sale, lease or other disposition of sources of radiation as may be necessary to carry out the provisions of this chapter. The recommendations of nationally recognized experts in the field of radiation protection shall be taken into consideration;
(e) Provide necessary and desirable services to any agency of the state which will acquire, lease, develop or operate land and facilities to be used for fostering development of the state's economic potential in the nuclear energy field, including, but not limited to, the concentration or storage of radioactive by-products and wastes. Such services may include, but are not limited to, site evaluation, critique of private or public site monitoring activities, and developing plans for perpetual custody and maintenance of radioactive materials held for custodial purposes at any publicly or privately operated facility located within the state;
(f) Require, for new construction and material alterations, submission of plans, specifications and reports on: (1) design and protective shielding of installations for sources of radiation, and (2) systems for the disposal of radioactive waste material and (3) the determination of any radiation hazard. The agency may render opinions, approve or disapprove such plans and specifications;
(g) Require all sources of radiation to be shielded, transported, handled, used, stored or disposed of in such manner as to comply with the provisions of this chapter and rules, regulations and standards promulgated thereunder;
(h) Collect and disseminate information relating to the control of sources of radiation, including, but not limited to: (1) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations, and (2) maintenance of a file of registrants possessing sources of radiation requiring registration under the provisions of this chapter, and regulations thereunder, and any administrative or judicial action pertaining thereto;
(i) Require, on forms prescribed and furnished by the agency, registration, periodic re-registration, or licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own or possess sources of radiation;
(j) Exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this chapter when the agency determines that the exemption of such sources of radiation or kinds of users or uses will not constitute a significant risk to the health and safety of the public;
(k) Promulgate rules and regulations pursuant to this chapter which may provide for recognition of other state and federal licenses and registrations as the agency shall deem desirable, subject to such requirements as it may prescribe; and exercise all incidental powers necessary to carry out the provisions of this chapter;
(l) Conduct environmental radiation surveillance and monitoring programs for evaluating levels of radioactive materials in the environment, including, but not limited to, levels of radioactive materials near nuclear powered electrical generating plants and other nuclear facilities;
(m) Provide, by rules and regulations, for an electronic products safety program to protect the public health and safety. Such program shall authorize regulation and inspection of sources of non-ionizing radiation throughout the state;
(n) Respond to any emergency which involves possible or actual release of radioactive materials; respond, coordinate decontamination, and otherwise protect the public health and safety in any manner deemed necessary. This chapter does not in any way, alter or change the provisions of the Executive Order No. 185, dated August 26, 1974, concerning response during an emergency by the state civil defense council;
(o) Develop and implement a responsible data management program for the purpose of collecting and analyzing statistical information necessary to protect the public health and safety; and
(p) Enforce the provisions and policies of the Southeast Interstate Low-Level Radioactive Waste Management Compact as provided in Section 57-47-1 and regulations promulgated pursuant to Section 57-47-1.
Sources: Laws, 1976, ch. 469, § 6; Laws, 1991, ch. 343 § 1, eff from and after passage (approved March 15, 1991).