BlackletterCalifornia law

CHAPTER 8. Radiation Control Law

Chapter 8 added by Stats. 1995, Ch. 415, Sec. 6.

§§ 114960–115273 · 78 sections

  1. ARTICLE 1. General §§ 114960–114985 · 6 sections
    • § 114960 This chapter shall be known, and may be cited, as the Radiation Control Law.
    • § 114965 It is the policy of the State of California, in furtherance of its responsibility to protect the public health and safety, to institute and maintain a…
    • § 114970 It is the purpose of this chapter to effectuate the policies set forth in Section 114965 by providing for programs to: (a) Effectively regulate sources of…
    • § 114975 Rules and regulations adopted under this chapter shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of…
    • § 114980 The Radiation Control Fund is hereby created as a special fund in the State Treasury. All moneys, including fees, penalties, interest earned, and fines,…
    • § 114985 As used in this chapter: (a) “Secretary” means the Secretary of the Resources Agency. (b) “Ionizing radiation” means gamma rays and X-rays; alpha and beta…
  2. ARTICLE 3. Control Agency §§ 114990–115055 · 16 sections
    • § 114990 The department is designated as the agency responsible for the issuance of licenses. In carrying out its duties under this section, the department may enter…
    • § 114995 The authority of the department to issue licenses pursuant to Section 114990 is not affected by any requirements to conduct studies or planning efforts…
    • § 115000 The department shall, for the protection of public health and safety do all of the following: (a) Develop programs for evaluation of hazards associated with…
    • § 115000.1 (a) For the purposes of this section, the following terms have the following meanings: (1) “Generate” means to produce or cause the production of, or to engage…
    • § 115005 In addition to the requirements imposed by Section 115000, the department shall develop an overall plan, in consultation with other state, regional, and…
    • § 115010 (a) The department shall not grant any license to receive radioactive material from other persons for disposal on land unless all of the following requirements…
    • § 115010.5 The department shall, by regulation, establish and collect a fee for the issuance or renewal of a license to dispose of low-level radioactive waste pursuant to…
    • § 115015 The department may limit the number of licenses issued pursuant to Sections 114990, 115010, and 115020 authorizing the receipt of radioactive material from…
    • § 115020 (a) All applicants filing a statement of capabilities and notice of intention to file an application for a license to receive radioactive materials from other…
    • § 115025 (a) If, within 45 days after the termination of the three-month filing period specified in subdivision (a) of Section 115020, the director determines that the…
    • § 115030 The department may require that all schedules of fees charged for the disposal of radioactive material by a person owning or operating a site licensed pursuant…
    • § 115035 In addition to the fees authorized to be levied pursuant to Section 115065, the department may, by regulation, set fees to be paid for the disposal in the…
    • § 115040 (a) The license designee shall file periodic financial reports with the department as directed by the department. These reports shall provide detailed…
    • § 115045 (a) The department is authorized, pursuant to subdivision (d), to establish and operate, or contract for the establishment and contract for operation, of one…
    • § 115050 The Governor shall negotiate and enter into interstate agreements, interstate compacts, or agreements with compacts, for the purpose of establishing access to,…
    • § 115055 The director shall appoint, in consultation with the Chairperson of the Senate Committee on Rules and the Speaker of the Assembly, an advisory committee to…
  3. ARTICLE 4. Licensing and Regulation of Sources of Ionizing Radiation §§ 115060–115093 · 12 sections
    • § 115060 (a) The department shall provide by rule or regulation for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or…
    • § 115060.5 (a) Except as provided in subdivisions (b) and (c), the department shall exempt a bomb squad of a city, city and county, county, special district, or the State…
    • § 115061 (a) In order to better protect the public and radiation workers from unnecessary exposure to radiation and to reduce the occurrence of misdiagnosis, the…
    • § 115065 (a) Notwithstanding Section 6103 of the Government Code, the department shall provide by regulation a schedule of the fees that shall be paid by the following…
    • § 115070 The frequency of inspections of radioactive materials shall be based on priorities established by the United States Nuclear Regulatory Commission.
    • § 115075 In addition to the annual adjustment of the fees authorized by this chapter pursuant to Section 100425, on or before January 1, 1991, the director may adopt…
    • § 115080 (a) Notwithstanding Section 6103 of the Government Code, the department shall provide by regulation a ranking of priority for inspection, as determined by the…
    • § 115085 The average inspection frequency for ionizing radiation machines shall be once each year for mammography X-ray units, once every three years for high-priority…
    • § 115090 In making the determination of whether to grant, deny, amend, revoke, suspend, or restrict a certification, registration, or license, the department may…
    • § 115091 The department shall require a licensee or an applicant for a license pursuant to Section 115060 to receive, possess, or transfer radioactive materials, or…
    • § 115092 (a) The department shall deposit all money received from a financial surety provided pursuant to Section 115091 in the Financial Surety Account, which is…
    • § 115093 (a) The department shall require, as a condition of issuing a license to receive, possess, or transfer radioactive materials, or devices or equipment utilizing…
  4. ARTICLE 5. Inspection §§ 115095–115102 · 3 sections
    • § 115095 Any officer, employee, or agent of the department or of any state or local agency with which an agreement has been made pursuant to Section 114990 shall have…
    • § 115100 (a) The person responsible for registering mammographic X-ray equipment shall be responsible for assuring that the mammographic X-ray equipment under his or…
    • § 115102 (a) A facility that operates a mammogram machine shall post notices of serious violations in an area that is visible to patients. For purposes of this section,…
  5. ARTICLE 6. Records §§ 115105–115115 · 6 sections
    • § 115105 The department shall require each person who acquires, possesses or uses a source of ionizing radiation to maintain records relating to its receipt, storage,…
    • § 115110 The department shall require each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of…
    • § 115111 (a) Commencing July 1, 2012, subject to subdivision (e), a person that uses a computed tomography (CT) X-ray system for human use shall record the dose of…
    • § 115112 (a) Except as provided in subdivision (b), commencing July 1, 2013, CT X-ray systems shall be accredited by an accrediting organization that is approved by the…
    • § 115113 (a) Except for an event that results from patient movement or interference, a facility shall report to the department an event in which the administration of…
    • § 115115 The person responsible for registering mammographic X-ray equipment or a certified supervisor, as defined in subdivision (i) of Section 114850, shall establish…
  6. ARTICLE 7. Federal-State Agreements §§ 115120–115125 · 2 sections
    • § 115120 The Governor, on behalf of this state, may enter into agreements with the federal government providing for discontinuance of certain of the federal…
    • § 115125 Any person who, on the effective date of an agreement under Section 115120, possesses a license issued by the federal government shall be deemed to possess the…
  7. ARTICLE 8. Inspection Agreements and Training Programs §§ 115130–115140 · 3 sections
    • § 115130 The department, on behalf of this state, may enter into an agreement or agreements with the federal government, other states, or interstate agencies, whereby…
    • § 115135 The department and any other appropriate state agency may institute training programs for the purpose of qualifying personnel to carry out this chapter, and…
    • § 115140 Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a city or county relating to radioactive materials or other…
  8. ARTICLE 10. Administrative Procedure §§ 115145–115155 · 3 sections
    • § 115145 (a) In any proceeding under this chapter for granting or amending any license, or for determining compliance with, or granting exceptions from, regulations…
    • § 115150 Whenever the department finds that an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice…
    • § 115155 Any final order entered in any proceeding under Sections 115145 and 115150 shall be subject to judicial review in the manner prescribed in Chapter 5…
  9. ARTICLE 11. Injunction Proceedings § 115160 · 1 section
    • § 115160 Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute a…
  10. ARTICLE 12. Uses §§ 115165–115170 · 2 sections
    • § 115165 It shall be unlawful for any person to use, manufacture, produce, knowingly transport, transfer, receive, acquire, own, or possess, any source of ionizing…
    • § 115170 It is unlawful for any person to manufacture, construct, produce, transfer, acquire, use, or possess any of the materials or facilities for which a permit or…
  11. ARTICLE 13. Impounding of Materials §§ 115175–115210 · 8 sections
    • § 115175 The department shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of…
    • § 115180 The term “decontamination,” as used in this chapter, means the reduction of the level of contamination from radioactive material to the level that the…
    • § 115185 If the department determines that any object, building, structure, or premises is contaminated by radioactive material and constitutes a hazard to the public…
    • § 115190 If the department determines that the object, building, structure, or premises does not warrant decontamination because of its low value, it shall so notify in…
    • § 115195 If the department causes the object, building, structure or premises to be decontaminated, the department shall, upon the completion of the decontamination,…
    • § 115200 If the contamination of the object, building, structure, or premises resulted from the negligence of another person, then the department may require that…
    • § 115205 (a) A lien in favor of the people of California shall be imposed upon any object, building, structure, or premises for the reasonable amount of expenses and…
    • § 115210 (a) The city attorney of the city or the district attorney of the county in which any violations of this chapter occur, occurred, or will occur, or the…
  12. ARTICLE 14. Penalties §§ 115215–115220 · 2 sections
    • § 115215 (a) Any person who violates this chapter, or rules, regulations, or orders in effect adopted pursuant to this chapter, is guilty of a misdemeanor and shall,…
    • § 115220 (a) Any person who intentionally or through gross negligence violates any provision of this chapter, or any rule or regulation adopted pursuant thereto, or who…
  13. ARTICLE 15. Effective Date of Licensing Provisions § 115225 · 1 section
    • § 115225 Subdivision (a) of Section 115060 and other provisions of this chapter relating to licensing and the enforcement thereof shall become effective only upon…
  14. ARTICLE 16. Agreement Between the United State Atomic Energy Commission and the State of California §§ 115230–115235 · 2 sections
    • § 115230 The Legislature of the State of California hereby ratifies and approves that certain agreement designated as the “Agreement between the United States Atomic…
    • § 115235 The provisions of said agreement are as follows: Article I Subject to the exceptions provided in Articles II, III, and IV, the Commission shall discontinue, as…
  15. ARTICLE 17. Southwestern Low Level Radioactive Waste Disposal Compact §§ 115250–115270 · 6 sections
    • § 115250 The Legislature of the State of California hereby enacts and ratifies the agreement set forth in Section 115255 and designated as the “Southwestern Low-Level…
    • § 115255 The provisions of the Southwestern Low-Level Radioactive Waste Disposal Compact are as follows: Article 1.Compact Policy and Formation The party states hereby…
    • § 115260 Notwithstanding Section 115255, authority for on-highway routing and enforcement relating to low-level radioactive waste shall, pursuant to other provisions of…
    • § 115261 (a) The department may not issue a license to dispose of low-level radioactive waste pursuant to this chapter, or renew a license that has been issued by the…
    • § 115265 Notwithstanding Section 115255, authority for rail transportation routing and enforcement relating to low-level radioactive waste shall remain with the Public…
    • § 115270 The department shall adopt regulations specifying the modes of transportation which are most protective of public health and the environment which shall be…
  16. ARTICLE 18. Radionuclide Air Contaminants §§ 115271–115271.4 · 4 sections
    • § 115271 (a) For purposes of this article, the following terms have the following meaning: (1) “Federal act” means the Clean Air Act (42 U.S.C.A. Sec. 7401 et seq.) as…
    • § 115271.2 The department may establish a program to enable the state to receive federal approval to implement and enforce emission standards for radionuclides pursuant…
    • § 115271.3 If the state receives federal approval to implement and enforce emission standards for radionuclides pursuant to Section 115271.2, the department shall be…
    • § 115271.4 (a) Except as provided in subdivision (b), the regulations found in Subpart H (commencing with Section 61.90) of, and in Subpart I (commencing with Section…
  17. ARTICLE 19. Radioactive Waste Reduction § 115273 · 1 section
    • § 115273 In implementing this chapter, the department, consistent with other requirements imposed by this chapter to protect public health and safety, shall promote the…