Header:
PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 39A. RADIATION PROTECTION ACT
CHAPTER 3. RADIATION PROTECTION
Date:
08/31/2009
Document:
NOTICE: As to repeal of this section where inconsistent with Act 1992, Dec. 18, P.L. 1638, No. 180, see § 17b of said act.
§ 7110.301. Powers and duties of Department of Environmental Resources
(a) REGULATION IN GENERAL. --The department is hereby designated as the agency of the Commonwealth for the purpose of registration, licensing, regulation and control of radiation, radiologic procedures, radiation sources and users of radiation sources but, notwithstanding anything in this act to the contrary, shall not have the power to license or regulate telecommunications equipment in duplication of any activity regulated by the Federal Government.
(b) EMPLOYEES. --In accordance with the law of this Commonwealth, the department shall employ, compensate and prescribe the powers and duties of such individuals as may be necessary to carry out the provisions of this act.
(c) POWERS AND DUTIES. --The department shall have the power and its duties shall be to:
(1) Develop and conduct programs for evaluation of hazards associated
with the use of radiation sources and with radiation source users.
(2) Develop and conduct comprehensive programs for the registration,
licensing, control, management, regulation and inspection of radiation
sources and radiation source users.
(3) Prevent and remedy hazards associated with the misuse of any device
emitting electronic product radiation.
(4) Issue such orders or modifications thereof as may be necessary in
conjunction with proceedings under this act.
(5) Carry out a comprehensive program of monitoring levels of
radioactivity in Pennsylvania's environment, including all appropriate
tests for alpha, beta and gamma levels in all appropriate media. Sites
to be monitored shall include, but not be limited to, nuclear power
reactor sites, other nuclear fuel cycle or research facilities, other
sites with a substantial potential for environmental radioactivity
contamination and other locations in the Commonwealth recommended by
other agencies of the Commonwealth.
(6) Using personnel qualified by education, training and experience,
enter nuclear power plants at times and in numbers as are reasonable
under the circumstances to observe, identify and assess radiation
safety issues for each nuclear power plant site in the Commonwealth.
(7) Develop, prepare and submit to the Senate Environmental Resources
and Energy Committee and House Conservation Committee, within two years
of the effective date of this act, a plan to provide the department
with independent monitoring capabilities at all nuclear facilities in
the Commonwealth in order to identify events requiring remedial action
to protect the public from radiation exposure.
(8) Prepare a technical emergency radiation response plan for
incorporation into the Pennsylvania Emergency Management Plan developed
by the Pennsylvania Emergency Management Agency pursuant to Title 35 of
the Pennsylvania Consolidated Statutes (relating to health and safety),
and provide the capability for responding to emergencies at each
nuclear power plant and at other important locations throughout the
Commonwealth.
(9) Make available technical staff and equipment to determine levels of
radiation in the environment and identify emergency measures to protect
the public from exposure to such radiation in the event of an accident
at a nuclear power plant, a transportation accident involving
radioactive materials or any other condition or occurrence which
necessitates radiation emergency assistance at any location in the
Commonwealth.
(10) Advise the Governor, the General Assembly and the general public
with regard to nuclear safety, nuclear emergencies, radioactive waste
management, environmental monitoring results and other radiation
control activities and consult and cooperate with the various
departments, agencies and political subdivisions of the Commonwealth,
the Federal Government, other states, interstate agencies, political
subdivisions and with groups and individuals, including members of the
public, concerned with radiation safety and participate in matters
before the Nuclear Regulatory Commission or its successor and other
appropriate agencies and courts of the United States.
(11) Accept and administer loans, grants or other funds or gifts,
conditional or otherwise, in furtherance of its functions, from any
source, public or private, including the Federal Government, provided
any funds received shall be subject to appropriation by the General
Assembly.
(12) Encourage, participate in or conduct studies, investigations,
training, research, remedial actions and demonstrations relating to
control, regulation and monitoring of radiation sources.
(13) Collect and disseminate information related to nuclear power, the
control of radiation sources, radiation protection, emergency response
and the effects of radiation exposure.
(14) Establish special advisory committees as may be necessary to
assist the department in drafting rules and regulations and to advise
the department regarding implementation of specific portions of the
regulations or specific programs of the department. Each committee
shall include members of the general public. Members of these
committees may be reimbursed by the department for reasonable and
necessary expenses incurred in connection with their duties as approved
by the secretary.
(15) Issue registrations and licenses and specify the terms and
conditions thereof. This is not intended to require registration and
licenses of facilities and activities within the exclusive jurisdiction
of the Nuclear Regulatory Commission.
(16) Require the payment of and collect fees established under Chapter
4.
(17) Issue orders and institute proceedings in courts against any
person or municipality to compel compliance with this act, any rule or
regulation, any order of the department or the terms and conditions of
any registration or license.
(18) Institute prosecutions against any person or municipality for
violation of this act.
(19) Assess civil penalties pursuant to section 308(e).
(20) Prepare a report on environmental radiation levels, as determined
by the monitoring program, on at least an annual basis. Copies of the
report shall be submitted to the President pro tempore of the Senate
and the Speaker of the House of Representatives of the General Assembly
and shall be made available to the general public. The report shall
also contain a description and analysis of any emergency responses or
other actions taken by the department under this act and any other
information about environmental radiation or radiation emergencies
which the department deems to be of sufficient importance to call to
the attention of the General Assembly and the citizens of the
Commonwealth.
(21) Administer a program, funded by the General Assembly, to assist in
the decontamination of damaged nuclear power reactors.
(22) Do any and all other acts not inconsistent with any provision of
this act which it may deem necessary or proper for the effective
enforcement of this act.
(d) NOTIFICATION. --Whenever the department, in the course of its powers and duties as set forth in subsection (c), determines that levels of radiation exceed the normal range of radioactivity in a given area, the department shall immediately notify the Governor, the agency and the NRC and shall also report its findings to the public and it shall subsequently submit a detailed report on the occurrence to both the Governor and the NRC and shall make such report public.
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