PRINTER'S NO. 1224

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 987 Session of 1983


        INTRODUCED BY BELL AND MOORE, SEPTEMBER 21, 1983

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           SEPTEMBER 21, 1983

                                     AN ACT

     1  Combining the radiation safety provisions of the Atomic Energy
     2     Development and Radiation Control Act and the Environmental
     3     Radiation Protection Act; empowering the Department of
     4     Environmental Resources to implement a comprehensive
     5     Statewide radiation protection program; further providing for
     6     duties of the Environmental Hearing Board; expanding the
     7     authority of the department to regulate other radiation
     8     sources and radiologic procedures; establishing fees; and
     9     providing penalties.

    10                         TABLE OF CONTENTS
    11  Chapter 1.  General Provisions
    12  Section 101.  Short title.
    13  Section 102.  Legislative findings.
    14  Section 103.  Definitions.
    15  Chapter 2.  Federal-State Agreements
    16  Section 201.  Federal-State agreements.
    17  Chapter 3.  Radiation Protection
    18  Section 301.  Powers of Department of Environmental Resources.
    19  Section 302.  Licensing and registration.
    20  Section 303.  Radiologic procedures.


     1  Section 304.  Records.
     2  Section 305.  Inspection.
     3  Section 306.  Conflicting laws.
     4  Section 307.  Prohibited uses and acts.
     5  Section 308.  Penalties.
     6  Section 309.  Enforcement and abatement.
     7  Section 310.  Liberal construction.
     8  Chapter 4.  Fees
     9  Section 401.  Licensing and registration fees.
    10  Section 402.  Nuclear power plant fees.
    11  Section 403.  Nonpayment of fees.
    12  Section 404.  Radiation Protection Fund.
    13  Chapter 5.  Miscellaneous Provisions
    14  Section 501.  Transition provisions.
    15  Section 502.  Repeals.
    16  Section 503.  Effective date.
    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19                             CHAPTER 1
    20                         GENERAL PROVISIONS
    21  Section 101.  Short title.
    22     This act shall be known and may be cited as the Radiation
    23  Protection Act.
    24  Section 102.  Legislative findings.
    25     The General Assembly hereby determines, declares and finds
    26  that, since radiation exposure has the potential for causing
    27  undesirable health effects, the citizens of the Commonwealth
    28  should be protected from unnecessary and harmful exposure
    29  resulting from improper use of radioactive materials, radiation
    30  sources, accidents involving nuclear power and radioactive
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     1  material transportation. It is the purpose of this act to:
     2         (1)  Establish and maintain a comprehensive program of
     3     radiation protection in the Department of Environmental
     4     Resources.
     5         (2)  Provide for the licensing and regulation in
     6     cooperation with the Federal Government, other State agencies
     7     and appropriate private entities, of radiologic equipment and
     8     procedures and the persons who administer radiologic
     9     procedures.
    10         (3)  Maintain a comprehensive environmental radiation
    11     monitoring program around nuclear power plants and at other
    12     locations throughout the Commonwealth.
    13         (4)  Establish a nuclear safety program to include
    14     nuclear safety evaluations of all nuclear power plants in the
    15     Commonwealth.
    16         (5)  Maintain a technical emergency radiation response
    17     capability within the Department of Environmental Resources,
    18     in conjunction with the Pennsylvania Emergency Management
    19     Agency, to respond to accidents at nuclear power plants or at
    20     any other location throughout the Commonwealth.
    21         (6)  Assume licensing and regulatory responsibility for
    22     radioactive materials from the Federal Government.
    23         (7)  Carry out comprehensive remedial action programs.
    24         (8)  Establish fees.
    25  Section 103.  Definitions.
    26     The following words and phrases when used in this act shall
    27  have the meanings given to them in this section unless the
    28  context clearly indicates otherwise:
    29     "Abatement."  Any action deemed necessary by the department
    30  to protect public health, safety or welfare, or public or
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     1  private property, resulting from the use of a radiation source.
     2     "Department."  The Department of Environmental Resources and
     3  its authorized representatives.
     4     "Electronic product radiation."  Any radiation emitted by
     5  products subject to the Radiation Control for Health and Safety
     6  Act of 1968 (Public Law 90-602, 82 Stat. 1173).
     7     "Person."  An individual, corporation, firm, association,
     8  public utility, trust, estate, public or private institution,
     9  group, agency, political subdivision of the Commonwealth, any
    10  other state or political subdivision or agency thereof and any
    11  legal successor, representative, agent or agency of the
    12  foregoing, other than the United States Nuclear Regulatory
    13  Commission or any successor thereto. In any provision of this
    14  act prescribing a fine, imprisonment or penalty, or any
    15  combination of the foregoing, the term "person" shall include
    16  the officers and directors of any corporation or other legal
    17  entity having officers and directors.
    18     "Persons who administer radiologic procedures."  Any person,
    19  other than a doctor of medicine, osteopathy, dentistry, podiatry
    20  or chiropractic, who intentionally administers radiation or
    21  radioactive material to other persons for medical purposes, and
    22  includes medical radiologic technologists, dental hygienists and
    23  assistants, radiation therapy technologists and nuclear medicine
    24  technologists.
    25     "Radiation."  Any ionizing radiation or electronic product
    26  radiation.
    27     "Radiation source."  An apparatus or material emitting or
    28  capable of emitting radiation.
    29     "Radiation source user."  A person who owns or is responsible
    30  for a radiation source.
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     1     "Radiologic procedure."  A healing arts procedure intended
     2  for use in the diagnosis or treatment of diseases or other
     3  conditions in humans, which is subject to standards established
     4  pursuant to the Consumer-Patient Radiation Health and Safety Act
     5  of 1981 (Public Law 97-35, 95 Stat. 598).
     6     "Secretary."  The Secretary of Environmental Resources or his
     7  authorized representative.
     8                             CHAPTER 2
     9                      FEDERAL-STATE AGREEMENTS
    10  Section 201.  Federal-State agreements.
    11     The Governor, on behalf of this Commonwealth, is authorized
    12  to enter into agreements with Federal agencies for
    13  discontinuance of certain of the Federal Government's activities
    14  with respect to radiation sources and the assumption thereof by
    15  the Commonwealth.
    16                             CHAPTER 3
    17                        RADIATION PROTECTION
    18  Section 301.  Powers of Department of Environmental Resources.
    19     (a)  Regulation in general.--The department is hereby
    20  designated as the agency of the Commonwealth for the purpose of
    21  registration, licensing, regulation and control of radiation,
    22  radiologic procedures, radiation sources, users of radiation
    23  sources and persons who administer radiologic procedures, but,
    24  notwithstanding anything in this act to the contrary, shall not
    25  have the power to license telecommunications equipment in
    26  duplication of any activity preempted by the Federal Government.
    27     (b)  Employees.--In accordance with the law of this
    28  Commonwealth, the department shall employ, compensate and
    29  prescribe the powers and duties of such individuals as may be
    30  necessary to carry out the provisions of this act.
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     1     (c)  Powers.--The department shall have the power to:
     2         (1)  Develop and conduct programs for evaluation of
     3     hazards associated with the use of radiation sources and with
     4     radiation source users.
     5         (2)  Develop and conduct comprehensive programs for the
     6     registration, licensing, control, disposal, regulation and
     7     inspection of radiation sources, radiation source users and
     8     persons who administer radiologic procedures.
     9         (3)  Prevent and remedy hazards associated with the
    10     misuse of any device emitting electronic product radiation.
    11         (4)  Issue such orders or modifications thereof as may be
    12     necessary in conjunction with proceedings under this act.
    13         (5)  Carry out a comprehensive environmental radiation
    14     monitoring program around all nuclear power reactors and at
    15     all other locations throughout the Commonwealth deemed
    16     necessary by the department.
    17         (6)  Monitor, identify and assess safety issues
    18     associated with nuclear power for each nuclear power plant
    19     site in the Commonwealth and to participate in matters before
    20     the Nuclear Regulatory Commission or its successor and other
    21     appropriate agencies and courts of the United States.
    22         (7)  Prepare a technical emergency radiation response
    23     plan for incorporation into the Pennsylvania Emergency
    24     Management Plan developed by the Pennsylvania Emergency
    25     Management Agency pursuant to Title 35 of the Pennsylvania
    26     Consolidated Statutes (relating to health and safety), and
    27     provide the capability for responding to emergencies at each
    28     nuclear power plant and at other important locations
    29     throughout the Commonwealth.
    30         (8)  Make available technical staff and equipment to
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     1     determine levels of radiation in the environment and identify
     2     emergency measures to protect the public from exposure to
     3     such radiation in the event of an accident at a nuclear power
     4     plant, a transportation accident involving radioactive
     5     materials or any other condition or occurrence which
     6     necessitates radiation emergency assistance at any location
     7     in the Commonwealth.
     8         (9)  Advise the Governor, the General Assembly and the
     9     general public with regard to nuclear safety, nuclear
    10     emergencies, radioactive waste disposal, environmental
    11     monitoring results and other radiation control activities and
    12     consult and cooperate with the various departments, agencies
    13     and political subdivisions of the Commonwealth, the Federal
    14     Government, other states, interstate agencies, political
    15     subdivisions and with groups concerned with radiation safety.
    16         (10)  Accept and administer loans, grants or other funds
    17     or gifts, conditional or otherwise, in furtherance of its
    18     functions, from any source, public or private, including the
    19     Federal Government, except that funds received from the
    20     Federal Government shall be subject to appropriation by the
    21     General Assembly.
    22         (11)  Encourage, participate in or conduct studies,
    23     investigations, training, research, remedial actions and
    24     demonstrations relating to control, disposal and monitoring
    25     of radiation sources.
    26         (12)  Collect and disseminate information related to
    27     nuclear power, the control of radiation sources, radiation
    28     protection, emergency response and the effects of radiation
    29     exposure.
    30         (13)  Establish special advisory committees as may be
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     1     necessary to assist the department in drafting rules and
     2     regulations and to advise the department regarding
     3     implementation of specific portions of the regulations or
     4     specific programs of the department. Members of these
     5     committees may be reimbursed by the department for reasonable
     6     and necessary expenses incurred in connection with their
     7     duties as approved by the secretary.
     8         (14)  Issue registrations and licenses and specify the
     9     terms and conditions thereof. This is not intended to require
    10     registration and licenses within the exclusive jurisdiction
    11     of the Nuclear Regulatory Commission.
    12         (15)  Require the payment of and collect fees established
    13     under Chapter 4.
    14         (16)  Issue orders and institute proceedings in courts
    15     against any person or municipality to compel compliance with
    16     this act, any rule or regulation, any order of the department
    17     or the terms and conditions of any registration or license.
    18         (17)  Institute prosecutions against any person or
    19     municipality for violation of this act.
    20         (18)  Assess civil penalties pursuant to section 308(e).
    21         (19)  Prepare a report on environmental radiation levels,
    22     as determined by the monitoring program, on at least an
    23     annual basis. Copies of the report shall be submitted to the
    24     President pro tempore of the Senate and the Speaker of the
    25     House of Representatives of the General Assembly and shall be
    26     made available to the general public. The report shall also
    27     contain a description and analysis of any emergency responses
    28     or other actions taken by the department under this act and
    29     any other information about environmental radiation or
    30     radiation emergencies which the department deems to be of
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     1     sufficient importance to call to the attention of the General
     2     Assembly and the citizens of the Commonwealth.
     3         (20)  Administer a program, including the disbursement of
     4     funds appropriated by the General Assembly, of assistance for
     5     funding the decontamination of damaged nuclear power
     6     reactors.
     7         (21)  Adopt such rules and regulations as necessary for
     8     the implementation of this act.
     9         (22)  Adopt a reasonable fee system as authorized by
    10     Chapter 4.
    11         (23)  Do any and all other acts not inconsistent with any
    12     provision of this act which it may deem necessary or proper
    13     for the effective enforcement of this act.
    14  Section 302.  Licensing and registration.
    15     (a)  Authority.--The department is authorized to license
    16  radiation source users and persons who administer radiologic
    17  procedures and register any radiation sources.
    18     (b)  Exemption.--The department shall be exempt from the
    19  licensing and registration requirements of this act and is
    20  authorized to exempt certain radiation sources and users from
    21  this act provided the department determines that such action
    22  will constitute an insignificant risk to the health and safety
    23  of the public and to persons exposed to radiation sources.
    24     (c)  Approval of transfer.--No license issued under this act
    25  and no right to possess or utilize radiation sources granted by
    26  any license shall be assigned, or in any manner disposed of,
    27  without the approval of the department.
    28     (d)  Terms and conditions of licenses.--The terms and
    29  conditions of all licenses shall be subject to amendment,
    30  revision or modification by rules, regulations or orders issued
    19830S0987B1224                  - 9 -

     1  in accordance with this act.
     2     (e)  Recognition of other licenses.--Rules and regulations
     3  promulgated under this act may provide for recognition of other
     4  state or Federal licenses.
     5  Section 303.  Radiologic procedures.
     6     (a)  Standards.--The department is authorized to license
     7  persons who administer radiologic procedures to ensure that
     8  these persons comply with minimum standards established pursuant
     9  to the Consumer-Patient Radiation Health and Safety Act of 1981
    10  (Public Law 97-35, 95 Stat. 598) for the certification and
    11  education of persons who administer radiologic procedures and
    12  such additional requirements as the department deems
    13  appropriate. To the maximum extent possible, the department
    14  shall ensure compliance with those standards and requirements
    15  employing existing programs of certification established by the
    16  Federal Government, other state or local agencies and private
    17  entities as recognized pursuant to § 981(b) of the Consumer-
    18  Patient Radiation Health and Safety Act of 1981.
    19     (b)  Existing regulations.--Any department, agency, board or
    20  commission of the Commonwealth which licenses or certifies
    21  persons who administer radiologic procedures, or which accredit
    22  or approve programs for the education of persons who administer
    23  radiologic procedures, shall modify their standards,
    24  accreditation, requirements or regulations to be at least as
    25  stringent as the standards or requirements established under
    26  this section.
    27     (c)  Technical assistance.--The department shall provide
    28  technical assistance to any other state, local or private
    29  entities which license, certify or accredit persons or programs
    30  for persons who administer radiologic procedures to ensure
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     1  compliance with minimum standards established pursuant to the
     2  Consumer-Patient Radiation Health and Safety Act of 1981.
     3  Section 304.  Records.
     4     (a)  General rule.--Each person who possesses or uses any
     5  radiation source shall maintain records relating to its receipt,
     6  storage, transfer or disposal, and such other records as the
     7  department may require, subject to any exemptions as may be
     8  provided by rules or regulations.
     9     (b)  Personnel radiation exposure records.--Each person who
    10  possesses or uses a radiation source shall maintain appropriate
    11  records of personnel radiation exposure, as mandated by the
    12  rules and regulations of the department. Copies of these records
    13  and those required to be kept by subsection (a) shall be
    14  submitted to the department on written request. Any person
    15  possessing or using a radiation source shall furnish to each
    16  employee for whom personnel monitoring is required or to the
    17  employee's physician, a copy of the employee's personal exposure
    18  record at such times as the department, by rule or regulation,
    19  may prescribe.
    20  Section 305.  Inspection.
    21     (a)  Authority.--The department or its duly authorized
    22  representatives shall have the power to enter at all reasonable
    23  times upon any public or private property, building, premise or
    24  place, for the purposes of determining compliance with this act,
    25  any license conditions or any rules, regulations or orders
    26  issued under this act. In the conduct of an investigation, the
    27  department or its duly authorized representatives shall have the
    28  authority to conduct tests, inspections or examinations of any
    29  radiation source, or of any book, record, document or other
    30  physical evidence related to the use of a radiation source.
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     1     (b)  Search warrant.--An agent or employee of the department
     2  may apply for a search warrant, to a court of common pleas, for
     3  the purposes of testing, inspecting or examining any radiation
     4  source or any public or private property, building, premise,
     5  place, book, record or other physical evidence related to the
     6  use of the radiation source. In the event a judge of the court
     7  of common pleas is unavailable, the department may apply for a
     8  search warrant to a district justice or Philadelphia Municipal
     9  Court judge who may issue a warrant as provided in this section.
    10  A warrant shall be issued only upon probable cause. It shall be
    11  sufficient probable cause to show any of the following:
    12         (1)  The test, inspection or examination is pursuant to a
    13     general administrative plan to determine compliance with this
    14     act.
    15         (2)  The agent or employee has reason to believe that a
    16     violation of this act has occurred or may occur.
    17         (3)  The agent or employee has been refused access to the
    18     radiation source, property, building, premise, place, book,
    19     record, document or other physical evidence related to the
    20     use of the radiation source or has been prevented from
    21     conducting tests, inspections or examinations.
    22  Section 306.  Conflicting laws.
    23     Ordinances, resolutions or regulations now or hereafter in
    24  effect of the governing body of any agency or political
    25  subdivision of this Commonwealth relating to radiation or
    26  radiation sources shall be superseded by this act if such
    27  ordinances or regulations are not in substantial conformity with
    28  this act and any rules and regulations issued hereunder.
    29  Section 307.  Prohibited uses and acts.
    30     It shall be unlawful for any person to use, manufacture,
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     1  produce, transport, transfer, bury, receive, acquire, own,
     2  possess or dispose of any radiation source in violation of this
     3  act. It shall be unlawful for any person to operate an
     4  unregistered radiation source or to operate a radiation source
     5  or to administer a radiologic procedure without a license to do
     6  so where a license or registration is required by the department
     7  by rule or regulation.
     8  Section 308.  Penalties.
     9     (a)  Summary offense.--Any person, other than a municipal
    10  official exercising his official duties, who violates any
    11  provisions of this act or any rules or regulations or order
    12  promulgated or issued hereunder commits a summary offense and
    13  shall, upon conviction, be sentenced to pay a fine not less than
    14  $100 and not more than $1,000 for each separate offense and in
    15  default thereof shall be imprisoned for a term of not more than
    16  30 days. All summary proceedings under this act may be brought
    17  before any district justice or magistrate in the county where
    18  the offense was committed and to that end jurisdiction is hereby
    19  conferred upon district justices and magistrates, subject to
    20  appeal by either party in the manner provided by law.
    21     (b)  Misdemeanor.--Any person, other than a municipal
    22  official exercising his official duties, who violates any
    23  provision of this act or any rule or regulation or order
    24  promulgated or issued hereunder, commits a misdemeanor of the
    25  third degree and shall, upon conviction, be sentenced to pay a
    26  fine of not less than $1,000 but not more than $25,000 for each
    27  separate offense or imprisonment in the county jail for a period
    28  of not more than one year, or both.
    29     (c)  Felony.--Any person who intentionally, knowingly or
    30  recklessly violates any provision of this act, or any rule or
    19830S0987B1224                 - 13 -

     1  regulation or order of the department or any term or condition
     2  of any permit, and whose acts or omissions cause or create the
     3  possibility of a public nuisance or bodily harm to any person,
     4  commits a felony of the second degree and shall, upon
     5  conviction, be sentenced to pay a fine of not less than $2,500
     6  but not more than $100,000 per day for each violation, or to a
     7  term of imprisonment of not less than one year but not more than
     8  ten years, or both.
     9     (d)  Separate offense for each day.--Each day of continued
    10  violation of any provision of this act or any rule or regulation
    11  or order promulgated or issued pursuant to this act shall
    12  constitute a separate offense.
    13     (e)  Civil penalty.--In addition to proceeding under any
    14  other remedy available at law or in equity for a violation of
    15  this act or a regulation or order of the department promulgated
    16  or issued hereunder, the department may assess a civil penalty
    17  upon the person for the violation. This penalty may be assessed
    18  whether or not the violation was willful or negligent. The civil
    19  penalty shall not exceed $25,000 plus $5,000 for each day of
    20  continued violation. In determining the civil penalty, the
    21  department shall consider, where applicable, the willfulness of
    22  the violation, gravity of the violation, good faith of the
    23  person charged, history of the previous violations, danger to
    24  the public health and welfare, damage to the air, water, land or
    25  other natural resources of the Commonwealth or their uses, cost
    26  of restoration or abatement, savings resultant to the person in
    27  consequence of the violation and any other relevant facts. The
    28  person charged with the penalty shall then have 30 days to pay
    29  the proposed penalty in full or, if the person wishes to contest
    30  either the amount of the penalty or the fact of the violation,
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     1  to file within a 30-day period an appeal of the action with the
     2  Environmental Hearing Board. Failure to appeal within 30 days
     3  shall result in a waiver of all legal rights to contest the
     4  violation or the amount of the penalty. Civil penalties shall be
     5  payable to the Commonwealth of Pennsylvania and shall be
     6  collectible in any manner provided by law for collection of
     7  debts. If any person liable to pay a penalty neglects or refuses
     8  to pay the same after demand, the amount, together with interest
     9  and any costs that may accrue shall be a lien in favor of the
    10  Commonwealth upon the property, both real and personal, of the
    11  person, but only after same has been entered and docketed of
    12  record by the prothonotary of the county where the property is
    13  situated. The department may, at any time, transmit to
    14  prothonotaries of the respective counties certified copies of
    15  all such liens and it shall be the duty of each prothonotary to
    16  enter and docket the same of record in his office and to index
    17  the same as judgments are indexed, without requiring the payment
    18  of costs as a condition precedent to the entry thereof.
    19  Section 309.  Enforcement and abatement.
    20     (a)  Public nuisance.--Any violation of this act or of any
    21  rule, regulation or order of the department or of any term or
    22  condition of any license or registration shall constitute a
    23  public nuisance. Any person committing the violation shall be
    24  liable for the costs of abatement of the nuisance. The
    25  Environmental Hearing Board and every court of common pleas are
    26  hereby given jurisdiction over actions to recover the costs of
    27  the abatement.
    28     (b)  Orders.--In addition to other remedies provided under
    29  this act or any other act, to aid in the enforcement of this
    30  act, the department may issue orders to persons as it deems
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     1  necessary. These orders may include an order modifying or
     2  revoking registrations or licenses, orders to cease unlawful
     3  activities or other acts involving radiation sources that are
     4  determined by the department to be detrimental to the public
     5  health and safety and such other orders as the department deems
     6  necessary to abate public nuisances. An order issued under this
     7  subsection shall take effect upon notice, unless the order
     8  specifies otherwise. An appeal to the Environmental Hearing
     9  Board shall not act as a supersedeas. It shall be the duty of
    10  any person to comply with any order issued under this
    11  subsection. Any person who fails to comply with an order issued
    12  under this subsection shall be guilty of contempt and shall be
    13  punished in an appropriate manner by the Commonwealth Court,
    14  which court is hereby granted jurisdiction, upon application by
    15  the department.
    16     (c)  Injunction.--In addition to any other remedies provided
    17  for in this act, the department may institute a suit in equity
    18  in the name of the Commonwealth for an injunction to restrain a
    19  violation of this act or the rules, regulations or orders
    20  adopted or issued hereunder, or to restrain the maintenance or
    21  threat of a public nuisance. In any such proceeding the court
    22  shall, upon motion by the department, issue a prohibitory or
    23  mandatory preliminary injunction if it finds that the defendant
    24  is engaging in unlawful conduct or is engaged in conduct which
    25  is causing immediate and irreparable harm to the public. The
    26  Commonwealth shall not be required to furnish bond or other
    27  security in connection with such proceedings.
    28     (d)  Impoundment, etc.--The department shall have the
    29  authority to impound any radiation source or to take other
    30  actions as are necessary to abate a public nuisance wherever the
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     1  department believes that this action is necessary to protect the
     2  health and safety of the public.
     3     (e)  Emergency order.--Whenever the secretary finds that an
     4  emergency exists requiring immediate action to protect the
     5  public health and safety, the secretary may issue an emergency
     6  order reciting the existence of the emergency and requiring that
     7  such action be taken as is necessary to meet the emergency. This
     8  order shall be effective immediately. Any person to whom this
     9  order is directed shall comply therewith immediately, unless a
    10  supersedeas is granted by the Environmental Hearing Board.
    11  Section 310.  Liberal construction.
    12     The penalties and remedies prescribed by this act shall be
    13  deemed concurrent and the existence of or exercise of any remedy
    14  shall not prevent the department from exercising any other
    15  remedy at law or in equity. No provision of this act or any
    16  action taken by virtue of this act, including the granting of a
    17  registration or license, shall be construed as estopping the
    18  Commonwealth from proceeding in courts of law or equity to abate
    19  nuisances under existing law, nor shall this act in any other
    20  manner abridge or alter rights of action or remedies now or
    21  hereafter existing in equity or under the common law or
    22  statutory law, criminal or civil, exercised by the Commonwealth
    23  or any person to enforce their rights or to abate any nuisance,
    24  now or hereafter existing, in any court of competent
    25  jurisdiction.
    26                             CHAPTER 4
    27                                FEES
    28  Section 401.  Licensing and registration fees.
    29     The department shall by rule and regulation set reasonable
    30  annual fees for the registration of radiation sources and the
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     1  licensing of radiation source users and persons who administer
     2  radiologic procedures. These fees shall be in an amount at least
     3  sufficient to cover the costs of administering the programs.
     4  Section 402.  Nuclear power plant fees.
     5     Each nuclear power plant operator who has received a
     6  construction permit or operating license from the United States
     7  Nuclear Regulatory Commission or any predecessor or successor
     8  thereto shall pay to the department within 30 days of the
     9  effective date of this act and on July 1 of each succeeding year
    10  an annual fee of $150,000 per reactor, regardless of the number
    11  of reactors per site.
    12  Section 403.  Nonpayment of fees.
    13     Nonpayment of fees within the prescribed time shall
    14  constitute a violation of this act and is subject to the
    15  penalties and enforcement provisions of section 308.
    16  Section 404.  Radiation Protection Fund.
    17     There is hereby established in the General Fund a restricted
    18  account to be known as the Radiation Protection Fund. Fees and
    19  penalties received under this act shall be deposited in this
    20  fund and are hereby appropriated to the department for
    21  expenditure to implement the purposes of this act.
    22                             CHAPTER 5
    23                      MISCELLANEOUS PROVISIONS
    24  Section 501.  Transition provisions.
    25     All registrations, licenses and orders issued and regulations
    26  promulgated under the act of January 28, 1966 (1965 P.L.1625,
    27  No.578), known as The Atomic Energy Development and Radiation
    28  Control Act, shall remain in full force unless and until
    29  modified, amended, suspended or revoked and all appropriations,
    30  allocations, personnel, agreements, leases, claims, demands and
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     1  causes of action of any nature and equipment, files, records,
     2  real estate, personal property and all other materials owned,
     3  used, employed or expended in connection with that act by the
     4  Department of Commerce are hereby transferred to the Department
     5  of Environmental Resources.
     6  Section 502.  Repeals.
     7     The following acts are repealed:
     8     Act of January 28, 1966 (1965 P.L.1625, No.578), known as The
     9  Atomic Energy Development and Radiation Control Act.
    10     Act of July 20, 1979 (P.L.151, No.49), known as the
    11  Environmental Radiation Protection Act.
    12  Section 503.  Effective date.
    13     This act shall take effect immediately.












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