HOUSE AMENDED PRIOR PRINTER'S NOS. 1224, 1850, 2004, PRINTER'S NO. 2159 2125
No. 987 Session of 1983
INTRODUCED BY BELL AND MOORE, SEPTEMBER 21, 1983
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 25, 1984
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 the power of the Environmental Quality Board and for the 7 duties of the Environmental Hearing Board; expanding the 8 authority of the department to regulate other radiation 9 sources and radiologic procedures; PROVIDING FOR RADIATION <-- 10 EMERGENCY RESPONSE; ESTABLISHING REQUIREMENTS FOR TRANSPORT 11 OF SPENT REACTOR FUEL; establishing fees; and providing <-- 12 penalties; AND MAKING REPEALS. <-- 13 TABLE OF CONTENTS 14 Chapter 1. General Provisions 15 Section 101. Short title. 16 Section 102. Legislative findings. 17 Section 103. Definitions. 18 Chapter 2. Federal-State Agreements 19 Section 201. Federal-State agreements. 20 Chapter 3. Radiation Protection 21 Section 301. Powers AND DUTIES of Department of Environmental <--
1 Resources. 2 Section 302. Powers of Environmental Quality Board. 3 Section 303. Licensing and registration. 4 Section 304. Radiologic procedures. <-- 5 Section 305. Records. 6 Section 306. Inspection. 7 Section 307. Conflicting laws. 8 Section 308. Prohibited uses and acts. 9 Section 309. Penalties. 10 Section 310. Enforcement and abatement. 11 Section 311. Liberal construction. 12 SECTION 304. RECORDS. <-- 13 SECTION 305. INSPECTION. 14 SECTION 306. CONFLICTING LAWS. 15 SECTION 307. PROHIBITED USES AND ACTS. 16 SECTION 308. PENALTIES. 17 SECTION 309. ENFORCEMENT AND ABATEMENT. 18 SECTION 310. LIBERAL CONSTRUCTION. 19 Chapter 4. Fees 20 Section 401. Licensing and registration fees. 21 Section 402. Nuclear power plant fees. <-- 22 Section 403. Nonpayment of fees. 23 Section 404. Radiation Protection Fund. 24 Chapter 5. Miscellaneous Provisions 25 Section 501. Transition provisions. 26 Section 502. Repeals. 27 Section 503. Effective date. 28 SECTION 402. NUCLEAR FACILITY FEES. <-- 29 SECTION 403. CREATION OF SPECIAL FUNDS. 30 CHAPTER 5. RADIATION EMERGENCY RESPONSE PROGRAM 19830S0987B2159 - 2 -
1 SECTION 501. DECLARATION OF POLICY. 2 SECTION 502. RESPONSE PROGRAM. 3 SECTION 503. FINANCIAL ASSISTANCE PROGRAM. 4 CHAPTER 6. TRANSPORTATION OF SPENT NUCLEAR FUEL 5 SECTION 601. GENERAL RULE. 6 SECTION 602. ESCORT REQUIREMENTS. 7 SECTION 603. AUTHORIZATION. 8 SECTION 604. RADIATION TRANSPORTATION EMERGENCY RESPONSE PLAN. 9 CHAPTER 7. MISCELLANEOUS PROVISIONS 10 SECTION 701. TRANSITION PROVISIONS. 11 SECTION 702. REPEALS. 12 SECTION 703. EFFECTIVE DATE. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 CHAPTER 1 16 GENERAL PROVISIONS 17 Section 101. Short title. 18 This act shall be known and may be cited as the Radiation 19 Protection Act. 20 Section 102. Legislative findings. 21 The General Assembly hereby determines, declares and finds 22 that, since radiation exposure has the potential for causing 23 undesirable health effects, the citizens of the Commonwealth 24 should be protected from unnecessary and harmful exposure 25 resulting from use of radioactive materials, radiation sources, 26 accidents involving nuclear power and radioactive material 27 transportation. It is the purpose of this act to: 28 (1) Establish and maintain a comprehensive program of 29 radiation protection in the Department of Environmental 30 Resources. 19830S0987B2159 - 3 -
1 (2) Provide for the licensing and regulation in 2 cooperation with the Federal Government, other State agencies 3 and appropriate private entities of radiologic equipment and 4 procedures. and the persons who administer radiologic <-- 5 procedures. 6 (3) Maintain a comprehensive environmental radiation 7 monitoring program around nuclear power plants and at other 8 locations throughout the Commonwealth. 9 (4) Establish a nuclear safety program to make 10 evaluations of all nuclear power plants in the Commonwealth, 11 such evaluations restricted to the specific use of the 12 Secretary of Environmental Resources and his designees 13 authorized by law for the purpose of informing the Governor, 14 the General Assembly and concerned and affected Federal, 15 State and local government organizations. It is not the 16 intent of the act to duplicate or conflict with any aspect of 17 the exclusive Federal regulatory authority applicable to 18 nuclear power plants and licensed plant operators but rather 19 to provide the Commonwealth with requisite, qualified 20 professional nuclear expertise to maintain a competent and 21 continuing awareness of nuclear power plant activities 22 throughout this Commonwealth and to exclusively employ that 23 expertise for the appropriate and authorized needs of the 24 Commonwealth when such activities may have a significant 25 potential for consequences beyond the site of a nuclear power 26 plant. Accordingly, except as expressly and directly stated, 27 none of the provisions of Chapter 3 are applicable to nuclear 28 power plants and licensed plant operators. 29 (5) Maintain a technical emergency radiation response 30 capability within the Department of Environmental Resources, 19830S0987B2159 - 4 -
1 in conjunction with the Pennsylvania Emergency Management
2 Agency, to respond to accidents at nuclear power plants or at
3 any other location throughout the Commonwealth.
4 (6) Assume licensing and regulatory responsibility for
5 radioactive materials from the Federal Government. This act
6 shall not authorize the department to license or operate low-
7 level radioactive waste disposal sites.
8 (7) Carry out comprehensive remedial action programs.
9 (8) ESTABLISH IN THE PENNSYLVANIA EMERGENCY MANAGEMENT <--
10 AGENCY A COMPREHENSIVE RADIATION EMERGENCY RESPONSE PROGRAM
11 SUPPORTED BY FEES FROM THE NUCLEAR INDUSTRY.
12 (9) ESTABLISH A RADIATION TRANSPORTATION EMERGENCY
13 RESPONSE PLAN AND PROCEDURES FOR NOTIFICATION OF SPENT
14 NUCLEAR FUEL SHIPMENTS, PENNSYLVANIA STATE POLICE ESCORT AND
15 ESTABLISHING FEES.
16 (8) (10) Establish fees. <--
17 (11) PROVIDE FOR NOTIFICATION BY NUCLEAR POWER FACILITY <--
18 OPERATING LICENSEES OF MUNICIPALITIES WITHIN THE VICINITY OF
19 NUCLEAR POWER FACILITIES OF UNUSUAL RADIOACTIVITY.
20 Section 103. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Abatement." Any action deemed necessary by the department
25 to protect public health, safety or welfare, or public or
26 private property, resulting from the use of a radiation source.
27 "AGENCY." THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. <--
28 "COUNCIL." THE PENNSYLVANIA EMERGENCY MANAGEMENT COUNCIL.
29 "Department." The Department of Environmental Resources and
30 its authorized representatives.
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1 "DIRECTOR." THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY <-- 2 MANAGEMENT AGENCY. 3 "Electronic product radiation." Any radiation emitted by 4 products subject to the Radiation Control for Health and Safety 5 Act of 1968 (Public Law 90-602, 82 Stat. 1173). 6 "NRC." THE UNITED STATES NUCLEAR REGULATORY COMMISSION OR <-- 7 ANY PREDECESSOR OR SUCCESSOR THERETO. 8 "Person." An individual, corporation, firm, association, 9 public utility, trust, estate, public or private institution, 10 group, agency, political subdivision of the Commonwealth, any 11 other state or political subdivision or agency thereof and any 12 legal successor, representative, agent or agency of the 13 foregoing, other than the United States Nuclear Regulatory 14 Commission or any successor thereto. In any provision of this 15 act prescribing a fine, imprisonment or penalty, or any 16 combination of the foregoing, the term "person" shall include 17 the officers and directors of any corporation or other legal 18 entity having officers and directors. 19 "Persons who administer radiologic procedures." Any person, <-- 20 other than a doctor of medicine, osteopathy, dentistry, podiatry 21 or chiropractic, who intentionally administers radiation or 22 radioactive material to other persons for medical purposes, and 23 includes medical radiologic technologists, dental hygienists and 24 assistants, radiation therapy technologists and nuclear medicine 25 technologists. 26 "PSP." THE PENNSYLVANIA STATE POLICE. <-- 27 "Radiation." Any ionizing radiation or electronic product 28 radiation. 29 "Radiation source." An apparatus or material, other than a 30 nuclear power reactor and nuclear fuel located on a plant site, 19830S0987B2159 - 6 -
1 emitting or capable of emitting radiation. 2 "Radiation source user." A person who owns or is responsible 3 for a radiation source. 4 "Radiologic procedure." A healing arts procedure intended <-- 5 for use in the diagnosis or treatment of diseases or other 6 conditions in humans, which is subject to standards established 7 pursuant to the Consumer-Patient Radiation Health and Safety Act 8 of 1981 (Public Law 97-35, 95 Stat. 598). 9 "Secretary." The Secretary of Environmental Resources or his 10 authorized representative. 11 "SPENT NUCLEAR FUEL." FUEL THAT HAS BEEN WITHDRAWN FROM A <-- 12 NUCLEAR REACTOR FOLLOWING IRRADIATION, THE CONSTITUENT ELEMENTS 13 OF WHICH HAVE NOT BEEN SEPARATED BY REPROCESSING. 14 CHAPTER 2 15 FEDERAL-STATE AGREEMENTS 16 Section 201. Federal-State agreements. 17 The Governor, on behalf of this Commonwealth, is authorized 18 to enter into agreements with Federal agencies for 19 discontinuance of certain of the Federal Government's activities 20 with respect to radiation protection and the assumption thereof 21 by the Commonwealth. 22 CHAPTER 3 23 RADIATION PROTECTION 24 Section 301. Powers AND DUTIES of Department of <-- 25 Environmental Resources. 26 (a) Regulation in general.--The department is hereby 27 designated as the agency of the Commonwealth for the purpose of 28 registration, licensing, regulation and control of radiation, 29 radiologic procedures, radiation sources AND users of radiation <-- 30 sources and persons who administer radiologic procedures, but, <-- 19830S0987B2159 - 7 -
1 notwithstanding anything in this act to the contrary, shall not 2 have the power to license or regulate telecommunications 3 equipment in duplication of any activity regulated by the 4 Federal Government. 5 (b) Employees.--In accordance with the law of this 6 Commonwealth, the department shall employ, compensate and 7 prescribe the powers and duties of such individuals as may be 8 necessary to carry out the provisions of this act. 9 (c) Powers AND DUTIES.--The department shall have the power <-- 10 AND ITS DUTIES SHALL BE to: <-- 11 (1) Develop and conduct programs for evaluation of 12 hazards associated with the use of radiation sources and with 13 radiation source users. 14 (2) Develop and conduct comprehensive programs for the 15 registration, licensing, control, management, regulation and 16 inspection of radiation sources AND radiation source users. <-- 17 and persons who administer radiologic procedures. <-- 18 (3) Prevent and remedy hazards associated with the 19 misuse of any device emitting electronic product radiation. 20 (4) Issue such orders or modifications thereof as may be 21 necessary in conjunction with proceedings under this act. 22 (5) Carry out a comprehensive environmental radiation <-- 23 monitoring program around all nuclear power reactors and 24 other nuclear fuel cycle or research facilities, where 25 required, and at all other locations throughout the 26 Commonwealth deemed necessary by the department or 27 recommended by other agencies of the Commonwealth. 28 (5) CARRY OUT A COMPREHENSIVE PROGRAM OF MONITORING <-- 29 LEVELS OF RADIOACTIVITY IN PENNSYLVANIA'S ENVIRONMENT 30 INCLUDING ALL APPROPRIATE TESTS FOR ALPHA, BETA AND GAMMA 19830S0987B2159 - 8 -
1 LEVELS IN ALL APPROPRIATE MEDIA. SITES TO BE MONITORED SHALL 2 INCLUDE, BUT NOT BE LIMITED TO, NUCLEAR POWER REACTOR SITES, 3 OTHER NUCLEAR FUEL CYCLE OR RESEARCH FACILITIES, OTHER SITES 4 WITH A SUBSTANTIAL POTENTIAL FOR ENVIRONMENTAL RADIOACTIVITY 5 CONTAMINATION, AND OTHER LOCATIONS IN THE COMMONWEALTH 6 RECOMMENDED BY OTHER AGENCIES OF THE COMMONWEALTH. 7 (6) Using personnel qualified by education, training and 8 experience, enter nuclear power plants at times and in 9 numbers as are reasonable under the circumstances to observe, 10 identify and assess radiation safety issues for each nuclear 11 power plant site in the Commonwealth. 12 (7) Develop, prepare and submit to the Senate 13 Environmental Resources and Energy Committee and House 14 Conservation Committee within two years of the effective date 15 of this act a plan to provide the department with independent 16 monitoring capabilities at all nuclear facilities in the 17 Commonwealth in order to identify events requiring remedial 18 action to protect the public from radiation exposure. 19 (8) Prepare a technical emergency radiation response 20 plan for incorporation into the Pennsylvania Emergency 21 Management Plan developed by the Pennsylvania Emergency 22 Management Agency pursuant to Title 35 of the Pennsylvania 23 Consolidated Statutes (relating to health and safety), and 24 provide the capability for responding to emergencies at each 25 nuclear power plant and at other important locations 26 throughout the Commonwealth. 27 (9) Make available technical staff and equipment to 28 determine levels of radiation in the environment and identify 29 emergency measures to protect the public from exposure to 30 such radiation in the event of an accident at a nuclear power 19830S0987B2159 - 9 -
1 plant, a transportation accident involving radioactive 2 materials or any other condition or occurrence which 3 necessitates radiation emergency assistance at any location 4 in the Commonwealth. 5 (10) Advise the Governor, the General Assembly and the 6 general public with regard to nuclear safety, nuclear 7 emergencies, radioactive waste management, environmental 8 monitoring results and other radiation control activities and 9 consult and cooperate with the various departments, agencies 10 and political subdivisions of the Commonwealth, the Federal 11 Government, other states, interstate agencies, political 12 subdivisions and with groups and individuals, including 13 members of the public, concerned with radiation safety and 14 participate in matters before the Nuclear Regulatory 15 Commission or its successor and other appropriate agencies 16 and courts of the United States. 17 (11) Accept and administer loans, grants or other funds 18 or gifts, conditional or otherwise, in furtherance of its 19 functions, from any source, public or private, including the 20 Federal Government, provided any funds received shall be 21 subject to appropriation by the General Assembly. 22 (12) Encourage, participate in or conduct studies, 23 investigations, training, research, remedial actions and 24 demonstrations relating to control, regulation and monitoring 25 of radiation sources. 26 (13) 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 (14) Establish special advisory committees as may be 19830S0987B2159 - 10 -
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. Each committee shall
5 include members of the general public. Members of these
6 committees may be reimbursed by the department for reasonable
7 and necessary expenses incurred in connection with their
8 duties as approved by the secretary.
9 (15) Issue registrations and licenses and specify the
10 terms and conditions thereof. This is not intended to require
11 registration and licenses of facilities and activities within
12 the exclusive jurisdiction of the Nuclear Regulatory
13 Commission.
14 (16) Require the payment of and collect fees established
15 under Chapter 4.
16 (17) Issue orders and institute proceedings in courts
17 against any person or municipality to compel compliance with
18 this act, any rule or regulation, any order of the department
19 or the terms and conditions of any registration or license.
20 (18) Institute prosecutions against any person or
21 municipality for violation of this act.
22 (19) Assess civil penalties pursuant to section 309(e) <--
23 308(E). <--
24 (20) Prepare a report on environmental radiation levels,
25 as determined by the monitoring program, on at least an
26 annual basis. Copies of the report shall be submitted to the
27 President pro tempore of the Senate and the Speaker of the
28 House of Representatives of the General Assembly and shall be
29 made available to the general public. The report shall also
30 contain a description and analysis of any emergency responses
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1 or other actions taken by the department under this act and 2 any other information about environmental radiation or 3 radiation emergencies which the department deems to be of 4 sufficient importance to call to the attention of the General 5 Assembly and the citizens of the Commonwealth. 6 (21) Administer a program, funded by the General 7 Assembly, to assist in the decontamination of damaged nuclear 8 power reactors. 9 (22) Do any and all other acts not inconsistent with any 10 provision of this act which it may deem necessary or proper 11 for the effective enforcement of this act. 12 (D) NOTIFICATION.--WHENEVER THE DEPARTMENT, IN THE COURSE OF <-- 13 ITS POWERS AND DUTIES AS SET FORTH IN SUBSECTION (C), DETERMINES 14 THAT LEVELS OF RADIATION EXCEED THE NORMAL RANGE OF 15 RADIOACTIVITY IN A GIVEN AREA, THE DEPARTMENT SHALL IMMEDIATELY 16 NOTIFY THE GOVERNOR, THE AGENCY AND THE NRC AND SHALL ALSO 17 REPORT ITS FINDINGS TO THE PUBLIC AND IT SHALL SUBSEQUENTLY 18 SUBMIT A DETAILED REPORT ON THE OCCURRENCE TO BOTH THE GOVERNOR 19 AND THE NRC AND SHALL MAKE SUCH REPORT PUBLIC. 20 Section 302. Powers of Environmental Quality Board. 21 (a) Powers and duties.--The Environmental Quality Board or 22 its successor shall have the power and its duty shall be to 23 adopt the rules and regulations of the department to accomplish 24 the purposes and carry out the provisions of this act. 25 (b) Review of fee structure.--The Environmental Quality 26 Board or its successor shall review every four years the fee 27 structure as authorized by Chapter 4 SECTIONS 401 AND 402(B). <-- 28 Section 303. Licensing and registration. 29 (a) Authority.--The department is authorized to license 30 radiation source users and persons who administer radiologic <-- 19830S0987B2159 - 12 -
1 procedures and register any radiation sources. 2 (b) Exemption.--The department shall be exempt from the 3 licensing and registration requirements of this act and is 4 authorized to exempt certain radiation sources and users from 5 this act provided the department determines that such action 6 will constitute an insignificant risk to the health and safety 7 of the public and to persons exposed to radiation sources. 8 (c) Approval of transfer.--No license issued under this act 9 and no right to possess or utilize radiation sources granted by 10 any license shall be assigned, or in any manner disposed of, 11 without the approval of the department. 12 (d) Terms and conditions of licenses.--The terms and 13 conditions of all licenses issued under this act shall be 14 subject to amendment, revision or modification by rules, 15 regulations or orders issued in accordance with this act. 16 (e) Recognition of other licenses.--Rules and regulations 17 promulgated under this act may provide for recognition of other 18 state or Federal licenses. 19 Section 304. Radiologic procedures. <-- 20 (a) Standards.--The department is authorized to license 21 persons who administer radiologic procedures to ensure that 22 these persons comply with minimum standards established pursuant 23 to the Consumer-Patient Radiation Health and Safety Act of 1981 24 (Public Law 97-35, 95 Stat. 598) for the certification and 25 education of persons who administer radiologic procedures and 26 such additional requirements as the department deems 27 appropriate. To the maximum extent possible, the department 28 shall ensure compliance with those standards and requirements 29 employing existing programs of certification established by the 30 Federal Government, other state or local agencies and private 19830S0987B2159 - 13 -
1 entities as recognized pursuant to § 981(b) of the Consumer- 2 Patient Radiation Health and Safety Act of 1981. 3 (b) Existing regulations.--Any department, agency, board or 4 commission of the Commonwealth which licenses or certifies 5 persons who administer radiologic procedures, or which accredit 6 or approve programs for the education of persons who administer 7 radiologic procedures, shall modify their standards, 8 accreditation, requirements or regulations to be at least as 9 stringent as the standards or requirements established under 10 this section. In every case, the standards or requirements 11 established shall be equal to or more stringent than those 12 established by appropriate agencies of the Federal Government. 13 (c) Technical assistance.--The department shall provide 14 technical assistance to any other state, local or private 15 entities which license, certify or accredit persons or programs 16 for persons who administer radiologic procedures to ensure 17 compliance with minimum standards established pursuant to the 18 Consumer-Patient Radiation Health and Safety Act of 1981. 19 Section 305 304. Records. <-- 20 (a) General rule.--Each person who possesses or uses any 21 radiation source shall maintain records relating to its receipt, 22 storage, transfer or disposal, and such other records as the 23 department may require, subject to any exemptions as may be 24 provided by rules or regulations. 25 (b) Personnel radiation exposure records.--Each person who 26 possesses or uses a radiation source shall maintain appropriate 27 records of personnel radiation exposure, as mandated by the 28 rules and regulations of the department. Copies of these records 29 and those required to be kept by subsection (a) shall be 30 submitted to the department on written request. Any person 19830S0987B2159 - 14 -
1 possessing or using a radiation source shall furnish upon a
2 reasonable request to each employee for whom personnel
3 monitoring is required or to the employee's representative, a
4 copy of the employee's personal exposure record as the
5 department, by rule or regulation, may prescribe.
6 Section 306 305. Inspection. <--
7 (a) Authority.--The department or its duly authorized
8 representatives shall have the power to enter at all reasonable
9 times with sufficient probable cause upon any public or private
10 property, building, premise or place, for the purposes of
11 determining compliance with this act, any license conditions or
12 any rules, regulations or orders issued under this act. In the
13 conduct of an investigation, the department or its duly
14 authorized representatives shall have the authority to conduct
15 tests, inspections or examinations of any radiation source, or
16 of any book, record, document or other physical evidence related
17 to the use of a radiation source.
18 (b) Search warrant.--An agent or employee of the department
19 may apply for a search warrant, to an issuing authority, for the
20 purposes of testing, inspecting or examining any radiation
21 source or any public or private property, building, premise,
22 place, book, record or other physical evidence related to the
23 use of the radiation source. A warrant shall be issued only upon
24 probable cause. It shall be sufficient probable cause to show
25 any of the following:
26 (1) The test, inspection or examination is pursuant to a
27 general administrative plan to determine compliance with this
28 act.
29 (2) The agent or employee has reason to believe that a
30 violation of this act has occurred or may occur.
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1 (3) The agent or employee has been refused access to the 2 radiation source, property, building, premise, place, book, 3 record, document or other physical evidence related to the 4 use of the radiation source or has been prevented from 5 conducting tests, inspections or examinations. 6 Section 307 306. Conflicting laws. <-- 7 Ordinances, resolutions or regulations now or hereafter in 8 effect of the governing body of any agency or political 9 subdivision of this Commonwealth relating to radiation or 10 radiation sources shall be superseded by this act if such 11 ordinances or regulations are not in substantial conformity with 12 this act and any rules and regulations issued hereunder. 13 Section 308 307. Prohibited uses and acts. <-- 14 It shall be unlawful for any person to use, manufacture, 15 produce, transport, transfer, bury, receive, acquire, own, 16 possess or dispose of any radiation source in violation of this 17 act. It shall be unlawful for any person to operate an 18 unregistered radiation source or to operate a radiation source 19 or to administer a radiologic procedure without a license to do 20 so where a license or registration is required by the department 21 by rule or regulation. 22 Section 309 308. Penalties. <-- 23 (a) Summary offense.--Any person, other than a municipal 24 official exercising his official duties, who violates any 25 provisions of this act or any rules or regulations or order 26 promulgated or issued hereunder commits a summary offense and 27 shall, upon conviction, be sentenced to pay a fine not less than 28 $100 and not more than $1,000 for each separate offense and in 29 default thereof shall be imprisoned for a term of not more than 30 30 days. All summary proceedings under this act may be brought 19830S0987B2159 - 16 -
1 before any district justice or magistrate in the county where 2 the offense was committed and to that end jurisdiction is hereby 3 conferred upon district justices and magistrates, subject to 4 appeal by either party in the manner provided by law. 5 (b) Misdemeanor.--Any person, other than a municipal 6 official exercising his official duties, who violates any 7 provision of this act or any rule or regulation or order 8 promulgated or issued hereunder, within two years after having 9 been convicted of any summary offense under this act, commits a 10 misdemeanor of the third degree and shall, upon conviction, be 11 sentenced to pay a fine of not less than $1,000 but not more 12 than $25,000 for each separate offense or imprisonment in the 13 county jail for a period of not more than one year, or both. 14 (c) Felony.--Any person who intentionally, knowingly or 15 recklessly violates any provision of this act, or any rule or 16 regulation or order of the department or any term or condition 17 of any permit, and whose acts or omissions cause or create the 18 possibility of a public nuisance or bodily harm to any person, 19 commits a felony of the second degree and shall, upon 20 conviction, be sentenced to pay a fine of not less than $2,500 21 but not more than $100,000 per day for each violation, or to a 22 term of imprisonment of not less than one year but not more than 23 ten years, or both. 24 (d) Separate offense for each day.--Each day of continued 25 violation of any provision of this act or any rule or regulation 26 or order promulgated or issued pursuant to this act shall 27 constitute a separate offense. 28 (e) Civil penalty.--In addition to proceeding under any 29 other remedy available at law or in equity for a violation of 30 this act or a regulation or order of the department promulgated 19830S0987B2159 - 17 -
1 or issued hereunder, the department may assess a civil penalty 2 upon the person for the violation. This penalty may be assessed 3 whether or not the violation was willful or negligent. The civil 4 penalty shall not exceed $25,000 plus $5,000 for each day of 5 continued violation. In determining the civil penalty, the 6 department shall consider, where applicable, the willfulness of 7 the violation, gravity of the violation, good faith of the 8 person charged, history of the previous violations, danger to 9 the public health and welfare, damage to the air, water, land or 10 other natural resources of the Commonwealth or their uses, cost 11 of restoration or abatement, savings resultant to the person in 12 consequence of the violation and any other relevant facts. The 13 person charged with the penalty shall then have 30 days to pay 14 the proposed penalty in full or, if the person wishes to contest 15 either the amount of the penalty or the fact of the violation, 16 to file within a 30-day period an appeal of the action with the 17 Environmental Hearing Board. Failure to appeal within 30 days 18 shall result in a waiver of all legal rights to contest the 19 violation or the amount of the penalty. Civil penalties shall be 20 payable to the Commonwealth of Pennsylvania and shall be 21 collectible in any manner provided by law for collection of 22 debts. If any person liable to pay a penalty neglects or refuses 23 to pay the same after demand, the amount, together with interest 24 and any costs that may accrue shall be a lien in favor of the 25 Commonwealth upon the property, both real and personal, of the 26 person, but only after same has been entered and docketed of 27 record by the prothonotary of the county where the property is 28 situated. The department may, at any time, transmit to 29 prothonotaries of the respective counties certified copies of 30 all such liens and it shall be the duty of each prothonotary to 19830S0987B2159 - 18 -
1 enter and docket the same of record in his office and to index
2 the same as judgments are indexed, without requiring the payment
3 of costs as a condition precedent to the entry thereof.
4 Section 310 309. Enforcement and abatement. <--
5 (a) Public nuisance.--Any violation of this act or of any
6 rule, regulation or order of the department or of any term or
7 condition of any license or registration issued under this act
8 shall constitute a public nuisance. Any person committing the
9 violation shall be liable for the costs of abatement of the
10 nuisance. The Environmental Hearing Board and every court of
11 common pleas are hereby given jurisdiction over actions to
12 recover the costs of the abatement.
13 (b) Orders.--In addition to other remedies provided under
14 this act or any other act, to aid in the enforcement of this
15 act, the department may issue orders to persons as it deems
16 necessary to protect health and safety. These orders may include
17 an order modifying or revoking registrations or licenses, orders
18 to cease unlawful activities or other acts involving radiation
19 sources that are determined by the department to be detrimental
20 to the public health and safety and such other orders as the
21 department deems necessary to abate public nuisances. An order
22 issued under this subsection shall take effect upon notice,
23 unless the order specifies otherwise. An appeal to the
24 Environmental Hearing Board shall not act as a supersedeas. It
25 shall be the duty of any person to comply with any order issued
26 under this subsection. Any person who fails to comply with an
27 order issued under this subsection shall be guilty of contempt
28 and shall be punished in an appropriate manner by the
29 Commonwealth Court, which court is hereby granted jurisdiction,
30 upon application by the department.
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1 (c) Injunction.--In addition to any other remedies provided 2 for in this act, the department may institute a suit in equity 3 in the name of the Commonwealth for an injunction to restrain a 4 violation of this act or the rules, regulations or orders 5 adopted or issued hereunder, or to restrain the maintenance or 6 threat of a public nuisance. In any such proceeding the court 7 shall, upon motion by the department, issue a prohibitory or 8 mandatory preliminary injunction if it finds that the defendant 9 is engaging in unlawful conduct or is engaged in conduct which 10 is causing immediate and irreparable harm to the public. The 11 Commonwealth shall not be required to furnish bond or other 12 security in connection with such proceedings. 13 (d) Impoundment, etc.--The department shall have the 14 authority to impound any radiation source or to take other 15 actions as are necessary to abate a public nuisance wherever the 16 department believes that this action is necessary to protect the 17 health and safety of the public. 18 (e) Emergency order.--Whenever the secretary finds that an 19 emergency exists requiring immediate action to protect the 20 public health and safety, the secretary may issue an emergency 21 order reciting the existence of the emergency and requiring that 22 such action be taken as is necessary to meet the emergency. This 23 order shall be effective immediately. Any person to whom this 24 order is directed shall comply therewith immediately, unless a 25 supersedeas is granted by the Environmental Hearing Board. 26 (f) Revocation of licenses or permits.--Repeated violations 27 of any provisions of this act or any rules and regulations of 28 the department promulgated under the authority of this act or 29 nonpayment of fees or penalties shall be cause for revocation of 30 licenses or permits issued by the department under this act. 19830S0987B2159 - 20 -
1 Section 311 310. Liberal construction. <-- 2 The penalties and remedies prescribed by this act shall be 3 deemed concurrent and the existence of or exercise of any remedy 4 shall not prevent the department from exercising any other 5 remedy at law or in equity. No provision of this act or any 6 action taken by virtue of this act, including the granting of a 7 registration or license, shall be construed as estopping the 8 Commonwealth from proceeding in courts of law or equity to abate 9 nuisances under existing law, nor shall this act in any other 10 manner abridge or alter rights of action or remedies now or 11 hereafter existing in equity or under the common law or 12 statutory law, criminal or civil, exercised by the Commonwealth 13 or any person to enforce their rights or to abate any nuisance, 14 now or hereafter existing, in any court of competent 15 jurisdiction. 16 CHAPTER 4 17 FEES 18 Section 401. Licensing and registration fees. 19 The department shall by rule and regulation set reasonable 20 annual fees for the registration of radiation sources and the 21 licensing of radiation source users. and persons who administer <-- 22 radiologic procedures. These fees shall be in an amount at least 23 sufficient to cover the costs of administering the programs. 24 Section 402. Nuclear power plant fees. <-- 25 Each corporation or other organization who has received a 26 nuclear power reactor facility construction permit or operating 27 license from the United States Nuclear Regulatory Commission or 28 any predecessor or successor thereto shall pay to the department 29 within 30 days of the effective date of this act and by July 1 30 of each year an annual fee of $150,000 per reactor, regardless 19830S0987B2159 - 21 -
1 of the number of reactors per site. 2 Section 403. Nonpayment of fees. 3 Nonpayment of fees within the prescribed time shall 4 constitute a violation of this act and is subject to the 5 penalties and enforcement provisions of section 309. 6 Section 404. Radiation Protection Fund. 7 There is hereby established in the General Fund a restricted 8 account to be known as the Radiation Protection Fund. Fees and 9 penalties received under this act shall be deposited in this 10 fund and are hereby appropriated to the department for 11 expenditure to implement the purposes of this act. 12 SECTION 402. NUCLEAR FACILITY FEES. <-- 13 (A) GENERAL RULE.--PERSONS ENGAGED IN THE BUSINESS OF 14 PRODUCING ELECTRICITY UTILIZING NUCLEAR ENERGY, OPERATING 15 FACILITIES FOR STORING AWAY-FROM-REACTOR SPENT NUCLEAR FUEL FOR 16 OTHERS OR FABRICATION OF NUCLEAR FUEL OR SHIPPING SPENT NUCLEAR 17 FUEL SHALL PAY FEES TO COVER THE COSTS OF THE PROGRAMS RELATED 18 TO THEIR ACTIVITIES AS REQUIRED BY THIS ACT. 19 (B) DEPARTMENT FEES.--EACH PERSON WHO HAS RECEIVED A NUCLEAR 20 POWER REACTOR FACILITY CONSTRUCTION PERMIT OR OPERATING LICENSE 21 FROM THE NRC SHALL PAY TO THE DEPARTMENT WITHIN 30 DAYS OF THE 22 EFFECTIVE DATE OF THIS ACT AND BY JULY 1 OF EACH YEAR AN ANNUAL 23 FEE OF $150,000 PER POWER REACTOR, REGARDLESS OF THE NUMBER OF 24 REACTORS PER SITE. 25 (C) AGENCY FEES.-- 26 (1) EACH PERSON WHO HAS RECEIVED OR HAS APPLIED FOR A 27 NUCLEAR POWER REACTOR FACILITY OPERATING LICENSE FROM THE NRC 28 SHALL PAY TO THE AGENCY A ONE-TIME FEE OF $200,000 PER SITE 29 WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ACT AND AN 30 ANNUAL FEE OF $100,000 PER SITE PAYABLE BY JULY 1 OF EACH 19830S0987B2159 - 22 -
1 YEAR, REGARDLESS OF THE NUMBER OF POWER REACTORS PER SITE. 2 (2) EACH PERSON WHO HAS APPLIED FOR OR RECEIVED A VALID 3 LICENSE FROM THE NRC TO OPERATE AN AWAY-FROM-REACTOR SPENT 4 FUEL STORAGE FACILITY SHALL PAY TO THE AGENCY AN ANNUAL FEE 5 OF $50,000 PER SITE PAYABLE BY JULY 1 OF EACH YEAR. 6 (3) EACH PERSON WHO HAS APPLIED FOR OR RECEIVED A VALID 7 LICENSE FROM THE NRC TO OPERATE A RECTOR FUEL FABRICATION 8 FACILITY SHALL PAY TO THE AGENCY AN ANNUAL FEE OF $50,000 PER 9 SITE PAYABLE BY JULY 1 OF EACH YEAR. 10 (4) EACH SHIPPER OF SPENT REACTOR FUEL TO, WITHIN, 11 THROUGH OR ACROSS THE BOUNDARIES OF THIS COMMONWEALTH SHALL 12 PAY TO THE AGENCY A FEE OF $1,000 PER SHIPMENT, PAYABLE PRIOR 13 TO THE PROPOSED DATE OF SHIPMENT. 14 (D) PSP FEES.-- 15 (1) EACH SHIPPER OF SPENT REACTOR FUEL TO, WITHIN, 16 THROUGH OR ACROSS THE COMMONWEALTH SHALL REIMBURSE THE PSP 17 FOR ESCORT SERVICE AT THE FOLLOWING RATES: $20 PER HOUR PER 18 OFFICER AND 50¢ PER MILE FOR HIGHWAY SHIPMENTS. RAIL 19 SHIPMENTS SHALL BE BASED ON A RATE OF $25 PER HOUR PER 20 OFFICER. IF THE SHIPMENT IS CANCELED FOLLOWING PSP 21 NOTIFICATION, THE SHIPPER SHALL COMPENSATE THE PSP AT AN 22 APPROPRIATE RATE FOR FOUR HOURS OF OFFICERS' TIME. 23 (2) THE PSP MAY ADJUST THE RATES BY REGULATION AS 24 PREVAILING WAGE RATES AND TRANSPORTATION COSTS CHANGE. 25 (E) PENALTIES.--ANY PERSON VIOLATING ANY PROVISION OF THIS 26 CHAPTER SHALL BE SUBJECT TO THE PENALTIES AND ENFORCEMENT 27 PROVISIONS OF SECTION 309(A) AND (B). 28 SECTION 403. CREATION OF SPECIAL FUNDS. 29 (A) RADIATION PROTECTION FUND.--THERE IS HEREBY CREATED IN 30 THE GENERAL FUND A RESTRICTED ACCOUNT TO BE KNOWN AS THE 19830S0987B2159 - 23 -
1 RADIATION PROTECTION FUND. FEES AND PENALTIES RECEIVED UNDER 2 SECTIONS 401 AND 402(B) SHALL BE DEPOSITED IN THIS FUND AND ARE 3 HEREBY APPROPRIATED TO THE DEPARTMENT FOR THE PURPOSE OF 4 CARRYING OUT ITS POWERS AND DUTIES UNDER THIS ACT. 5 (B) RADIATION EMERGENCY RESPONSE FUND.--THERE IS HEREBY 6 CREATED IN THE GENERAL FUND A RESTRICTED ACCOUNT TO BE KNOWN AS 7 THE RADIATION EMERGENCY RESPONSE FUND. FEES RECEIVED UNDER 8 SECTION 402(C)(1), (2) AND (3) SHALL BE DEPOSITED IN THIS FUND 9 AS PROVIDED AND ARE HEREBY APPROPRIATED TO THE AGENCY FOR THE 10 PURPOSE OF CARRYING OUT ITS RESPONSIBILITIES UNDER CHAPTER 5. 11 (C) RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND.--THERE 12 IS HEREBY CREATED IN THE GENERAL FUND A RESTRICTED ACCOUNT TO BE 13 KNOWN AS THE RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND. 14 FEES RECEIVED UNDER SECTION 402(C)(4) SHALL BE DEPOSITED IN THIS 15 FUND AND ARE HEREBY APPROPRIATED TO THE AGENCY FOR THE PURPOSE 16 OF CARRYING OUT ITS RESPONSIBILITIES UNDER CHAPTER 6. 17 CHAPTER 5 18 RADIATION EMERGENCY RESPONSE PROGRAM 19 SECTION 501. DECLARATION OF POLICY. 20 IT IS THE POLICY OF THE GENERAL ASSEMBLY TO PROTECT THE 21 PEOPLE OF THE COMMONWEALTH AGAINST ADVERSE HEALTH EFFECTS 22 RESULTING FROM RADIATION ACCIDENTS BY ESTABLISHING A MECHANISM 23 FOR EMERGENCY PREPAREDNESS TO MITIGATE THE EFFECTS OF SUCH 24 ACCIDENTS. THE GENERAL ASSEMBLY FINDS THAT IT IS APPROPRIATE FOR 25 THE NUCLEAR INDUSTRY IN THE COMMONWEALTH TO BEAR THE COSTS 26 ASSOCIATED WITH PREPARING AND IMPLEMENTING PLANS TO DEAL WITH 27 THE EFFECTS OF NUCLEAR ACCIDENTS OR INCIDENTS. 28 SECTION 502. RESPONSE PROGRAM. 29 IN CONJUNCTION WITH THE DEPARTMENT, THE AGENCY SHALL DEVELOP 30 A RADIATION EMERGENCY RESPONSE PROGRAM FOR INCORPORATION INTO 19830S0987B2159 - 24 -
1 THE PENNSYLVANIA EMERGENCY MANAGEMENT PLAN DEVELOPMENT BY THE 2 AGENCY PURSUANT TO TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED 3 STATUTES (RELATING TO HEALTH AND SAFETY). ANY VOLUNTEER 4 ORGANIZATIONS WHICH ARE INCORPORATED INTO THE RADIATION 5 EMERGENCY RESPONSE PROGRAM DEVELOPED UNDER THE AUTHORITY OF THIS 6 ACT SHALL BE CONSULTED PRIOR TO SUCH INCORPORATION. THE 7 RADIATION EMERGENCY RESPONSE PROGRAM SHALL INCLUDE AN ASSESSMENT 8 OF POTENTIAL NUCLEAR ACCIDENTS OR INCIDENTS, THE RADIOLOGICAL 9 CONSEQUENCES AND NECESSARY PROTECTIVE MEASURES REQUIRED TO 10 MITIGATE THE EFFECTS OF SUCH ACCIDENTS OR INCIDENTS. THE PROGRAM 11 SHALL INCLUDE, BUT NOT BE LIMITED TO: 12 (1) DEVELOPMENT OF A DETAILED FIXED NUCLEAR EMERGENCY 13 RESPONSE PLAN FOR AREAS SURROUNDING EACH NUCLEAR ELECTRICAL 14 GENERATION FACILITY, NUCLEAR FABRICATOR AND AWAY-FROM-REACTOR 15 STORAGE FACILITY. THE TERM "AREAS" SHALL BE DEEMED TO MEAN 16 THE EMERGENCY RESPONSE ZONE DESIGNATED BY THE NCR EMERGENCY 17 RESPONSE PLAN APPLICABLE TO EACH SUCH FIXED NUCLEAR FACILITY. 18 (2) NOTIFICATION BY NUCLEAR POWER FACILITY OPERATING 19 LICENSEES OF MUNICIPALITIES WITHIN THE AREAS SET FORTH IN 20 PARAGRAPH (1) OF UNUSUAL RADIOACTIVITY AS DEFINED IN SECTION 21 301(D). 22 (2) (3) TRAINING AND EQUIPPING OF STATE AND LOCAL <-- 23 EMERGENCY RESPONSE PERSONNEL. 24 (3) (4) PERIODICAL EXERCISE OF THE ACCIDENT SCENARIOS <-- 25 DESIGNATED IN THE NRC EMERGENCY RESPONSE PLAN APPLICABLE TO 26 EACH FIXED NUCLEAR FACILITY. 27 (4) (5) PROCUREMENT OF SPECIALIZED SUPPLIES AND <-- 28 EQUIPMENT. 29 (5) (6) PROVISIONS FOR FINANCIAL ASSISTANCE TO <-- 30 MUNICIPALITIES, SCHOOL DISTRICTS, VOLUNTEER AND STATE 19830S0987B2159 - 25 -
1 AGENCIES AS PROVIDED FOR IN SECTION 503. 2 SECTION 503. FINANCIAL ASSISTANCE PROGRAM. 3 (A) GENERAL PROVISIONS.--APPLICATIONS BY MUNICIPALITIES, 4 SCHOOL DISTRICTS, VOLUNTEER ORGANIZATIONS AND STATE AGENCIES TO 5 PAY PERSONNEL, CONDUCT TRAINING OR PURCHASE PROTECTIVE SUPPLIES 6 AND EQUIPMENT PRINCIPALLY REQUIRED TO CARRY OUT THE PURPOSES OF 7 CHAPTERS 5 AND 6 SHALL BE MADE TO THE AGENCY WHICH SHALL MAKE 8 THE DISBURSEMENTS PURSUANT TO REGULATIONS PROMULGATED BY THE 9 COUNCIL. 10 (B) REIMBURSEMENT PROVISIONS.--MUNICIPALITIES, SCHOOL 11 DISTRICTS, VOLUNTEER ORGANIZATIONS AND STATE AGENCIES MAY APPLY 12 FOR REIMBURSEMENT OF COSTS NOT PREVIOUSLY RECOUPED OR TO BE 13 REIMBURSED FROM OTHER SOURCES WHICH WERE REQUIRED TO BE 14 EXPENDED, AS A DIRECT RESULT OF THE PREPARATION, ESTABLISHMENT 15 AND TESTING OF EMERGENCY RESPONSE PLANS SURROUNDING EACH NUCLEAR 16 ELECTRICAL GENERATION FACILITY, FOR PERSONNEL COSTS, TRAINING 17 EXPENSES, AND PROTECTIVE SUPPLIES AND EQUIPMENT ON OR AFTER 18 MARCH 28, 1979. 19 (C) REPORTS.--ON SEPTEMBER 1 OF EACH YEAR, THE AGENCY SHALL 20 SUBMIT A REPORT ON ITS OPERATIONS FOR THE PRECEDING FISCAL YEAR 21 TO THE GOVERNOR AND THE GENERAL ASSEMBLY. THE REPORT SHALL 22 INCLUDE A SUMMARY OF THE ACTIVITIES OF THE RADIATION EMERGENCY 23 RESPONSE PROGRAM AND ACTIVITIES PURSUANT TO SHIPMENTS OF SPENT 24 FUEL, AS PROVIDED FOR IN CHAPTERS 5 AND 6, RESPECTIVELY, AS WELL 25 AS A PROPOSED OPERATING BUDGET, FINANCIAL STATEMENT AND A 26 LISTING OF APPLICATIONS RECEIVED AND DISBURSEMENTS OR 27 REIMBURSEMENTS MADE TO MUNICIPALITIES, SCHOOL DISTRICTS, 28 VOLUNTEER ORGANIZATIONS AND STATE AGENCIES PURSUANT TO CHAPTERS 29 5 AND 6 AND AN ANALYSIS OF THE ADEQUACY OF FEES ESTABLISHED 30 PURSUANT TO SECTION 402(C). 19830S0987B2159 - 26 -
1 CHAPTER 6 2 TRANSPORTATION OF SPENT NUCLEAR FUEL 3 SECTION 601. GENERAL RULE. 4 IT IS UNLAWFUL FOR ANY PERSON TO TRANSPORT UPON THE HIGHWAYS 5 OR RAILS OF THIS COMMONWEALTH ANY SPENT NUCLEAR FUEL UNLESS THAT 6 PERSON NOTIFIES THE AGENCY IN ADVANCE OF TRANSPORTING THE SPENT 7 NUCLEAR FUEL IN ACCORDANCE WITH 10 C.F.R. 71.5(A) AND (B). 8 SECTION 602. ESCORT REQUIREMENTS. 9 ALL SHIPMENTS OF SPENT NUCLEAR FUEL TO, WITHIN, THROUGH OR 10 ACROSS THE BOUNDARIES OF THE COMMONWEALTH SHALL BE ESCORTED BY 11 THE PENNSYLVANIA STATE POLICE. 12 SECTION 603. AUTHORIZATION. 13 SPENT NUCLEAR FUEL SHIPMENTS SHALL BE AUTHORIZED SUBJECT TO 14 THE COMMONWEALTH'S AUTHORITY TO DELAY INDIVIDUAL HIGHWAY AND 15 RAIL SHIPMENTS DUE TO SPECIFIC HOLIDAY OR SAFETY CONSIDERATIONS 16 INCLUDING, BUT NOT LIMITED TO, WEATHER, HIGHWAY OR RAIL 17 CONDITIONS. 18 SECTION 604. RADIATION TRANSPORTATION EMERGENCY RESPONSE PLAN. 19 (A) PLANNING.--THE AGENCY SHALL DEVELOP THE TRANSPORTATION 20 EMERGENCY RESPONSE PLAN TO RESPOND TO ACCIDENTS INVOLVING THE 21 SHIPMENT OF SPENT FUEL. THE PLAN SHALL: 22 (1) INCORPORATE LOCAL AGENCIES AND VOLUNTEER 23 ORGANIZATIONS ALONG THE PREPRESCRIBED ROUTES FOR TRANSPORT OF 24 SPENT FUEL. 25 (2) INCORPORATE ANY COMMONWEALTH AGENCY RESPONSIBLE FOR 26 PROTECTION OF THE HEALTH AND SAFETY OF THE PUBLIC AS 27 NECESSARY AND APPROVED BY THE SPECIFIC AGENCY. 28 (B) FUNDING OF STATE AND LOCAL AGENCIES.--FUNDS RECEIVED 29 UNDER SECTION 402(C)(4) SHALL BE USED TO TRAIN AND EQUIP STATE 30 AND LOCAL AGENCIES AND VOLUNTEER ORGANIZATIONS IN ACCORDANCE 19830S0987B2159 - 27 -
1 WITH REGULATIONS ADOPTED BY THE COUNCIL TO IMPLEMENT THE PLAN. 2 CHAPTER 5 7 <-- 3 MISCELLANEOUS PROVISIONS 4 Section 501 701. Transition provisions. <-- 5 All registrations, licenses and orders issued and regulations 6 promulgated under the act of January 28, 1966 (1965 P.L.1625, 7 No.578), known as The Atomic Energy Development and Radiation 8 Control Act, shall remain in full force unless and until 9 modified, amended, suspended or revoked and all appropriations, 10 allocations, personnel, agreements, leases, claims, demands and 11 causes of action of any nature and equipment, files, records, 12 real estate, personal property and all other materials owned, 13 used, employed or expended in connection with that act by the 14 Department of Commerce are hereby transferred to the Department 15 of Environmental Resources. 16 Section 502 702. Repeals. <-- 17 The following acts are repealed: 18 Act of January 28, 1966 (1965 P.L.1625, No.578), known as The 19 Atomic Energy Development and Radiation Control Act. 20 Act of July 20, 1979 (P.L.151, No.49), known as the 21 Environmental Radiation Protection Act. 22 Section 503 703. Effective date. <-- 23 This act shall take effect immediately IN 15 DAYS. <-- H26L35RAW/19830S0987B2159 - 28 -