PRINTER'S NO. 1224
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 19830S0987B1224 - 2 -
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 19830S0987B1224 - 3 -
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. 19830S0987B1224 - 4 -
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. 19830S0987B1224 - 5 -
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 19830S0987B1224 - 6 -
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 19830S0987B1224 - 7 -
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 19830S0987B1224 - 8 -
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 19830S0987B1224 - 10 -
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. 19830S0987B1224 - 11 -
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, 19830S0987B1224 - 12 -
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, 19830S0987B1224 - 14 -
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 19830S0987B1224 - 15 -
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 19830S0987B1224 - 16 -
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 19830S0987B1224 - 17 -
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 19830S0987B1224 - 18 -
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. H26L35RAW/19830S0987B1224 - 19 -