ML24047A064
| ML24047A064 | |
| Person / Time | |
|---|---|
| Issue date: | 01/01/2023 |
| From: | Huda Akhavannik NRC/NMSS/DMSST |
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| References | |
| Download: ML24047A064 (1) | |
Text
CGS sections 22a-148 through 22a-160 Revised to January 1, 2023
Sec. 22a-148. (Formerly Sec. 19-24). Regulation of sources of ionizing radiation and radioactive materials. (a) As used in this section, ionizing radiation includes gamma rays, x-rays, alpha and beta particles, neutrons, protons, high-speed electrons and other atomic or nuclear particles, but does not include sound or radio waves or light of wave lengths ranging from infrared to ultraviolet inclusive, and radioactive materials includes any materials, solid, liquid or gas, that emit ionizing radiation spontaneously.
(b) No person, firm, corporation, town, city or borough shall operate or cause to be operated any source of ionizing radiation or shall produce, transport, store, possess or dispose of radioactive materials except under conditions which comply with regulations or with orders imposed by the Commissioner of Energy and Environmental Protection for the protection of the public health and preservation of the environment. Such regulations or orders shall be compatible with the regulations of the United States Nuclear Regulatory Commission, issued under authority granted to said commission by the Atomic Energy Act of 1954, as codified in 42 USC 2014, as amended from time to time. No regulation pertaining to radiation sources and radioactive materials proposed to be issued by the commissioner shall become effective until thirty days after it has been submitted to the Coordinator of Atomic Development Activities unless, upon a finding of emergency need, the Governor by order waives all or any part of said thirty-day period. In no case shall any source of ionizing radiation be utilized otherwise than at the lowest practical level consistent with the best use of the radiation facilities or radioactive materials involved.
(c) (1) Except as hereinafter provided, each person, firm, corporation, town, city and borough conducting or planning to conduct any operation within the scope of this section shall register with the Commissioner of Energy and Environmental Protection on forms provided for the purpose and shall reregister annually in January. Such registration shall be accompanied by a fee of two hundred dollars. The commissioner may require registrants to state the type or types of sources of radiation involved, the maximum size or rating of each source, the qualifications of the supervisory personnel, the protective measures contemplated by the registrant and such other information as it determines to be necessary. After initial registration, reregistration shall be required for any radiation installation or mobile source of radiation at any other time when any increase is contemplated in the number of sources, the source strength, the output or the types of radiation energy involved. The act of registration shall not be interpreted to imply approval by the commissioner of the manner in which the activities requiring registration are carried out. (2) The activities described below are exempted from the registration requirements of this section: (A) The production, transportation, storage, use and disposal of naturally occurring radioactive materials of equivalent specific radioactivity not exceeding that of natural potassium; (B) the production, transportation, storage, use and disposal of other radioactive materials in quantities insufficient to involve risk of radiologic damage to a person; (C) the operation of equipment that is primarily not intended to produce radiation and that, by nature of design, does not produce radiation at the point of nearest approach in quantities sufficient to produce radiologic damage to a person; (D) the transportation of any radioactive material in conformity with regulations of the Interstate Commerce Commission or other agency of the federal government having jurisdiction.
Sec. 22a-149. (Formerly Sec. 19-25). Use of radioactive material or isotopes to be registered. Hospitals having special facilities for the use of naturally occurring radioactive material, or radioactive isotopes for the diagnosis or treatment of diseases, for research or for other applications, shall register such information with the Commissioner of Energy and Environmental Protection.
Sec. 22a-150. (Formerly Sec.19-25a). Registration of x-ray devices. The Commissioner of Energy and Environmental Protection shall, by regulation, require registration of devices emitting x-rays used for diagnostic or therapeutic purposes by or under the supervision of a person or persons licensed to practice medicine, surgery, chiropractic, naturopathy, dentistry, podiatry or veterinary medicine and surgery, as authorized by law. The commissioner shall charge a registration fee of one hundred ninety dollars biennially for each such device, except that hospitals operated by the state or a municipality shall be exempt from payment of the fee.
Sec. 22a-151. (Formerly Sec.19-25b). Ionizing radiation: Definitions. As used in sections 22a-151 to 22a-158, inclusive:
(1) By-product material means each of the following: (A) Any radioactive material, other than special nuclear material, that is yielded in or made radioactive by exposure to radiation which is incidental to the process of producing or utilizing special nuclear material; (B) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes but excluding any underground ore bodies depleted by such solution extraction processes; (C) any discrete source of radium-226 that is produced, extracted or converted after extraction for use for a commercial, medical or research activity; (D) any material that was made radioactive by use of a particle accelerator and that is produced, extracted or converted after extraction for use for a commercial, medical or research activity; and (E) any discrete source of naturally occurring radioactive material, other than source material, that is extracted or converted after extraction for use in a commercial, medical or research activity, if the United States Nuclear Regulatory Commission determines that the source would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety;
(2) Ionizing radiation means gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultra violet light. The Commissioner of Energy and Environmental Protection shall be empowered to make regulations amending or modifying this definition; (3) General license means a license effective pursuant to regulations promulgated by the Commissioner of Energy and Environmental Protection without the filing of an application for, or issuance of a licensing document for, the transfer, transport, acquisition, ownership, possession or use of quantities of, or devices or equipment utilizing by-product, source, special nuclear materials or other radioactive material occurring naturally or produced artificially; (4) Specific license means a license, issued after application, to use, manufacture, produce, transfer, transport, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials or other radioactive material occurring naturally or produced artificially;
(5) Person means any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, other than any federal agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of any of the foregoing, other than the United States Nuclear Regulatory Commission or any successor thereto, and other than agencies of the government of the United States licensed by the United States Nuclear Regulatory Commission or any successor thereto;
(6) Registration means registration in conformance with the requirements of section 22a-148. The issuance of a specific license pursuant to sections 22a-151 to 22a-158, inclusive, shall be deemed to satisfy fully any registration requirements set forth in said section;
(7) Source material means each of the following: (A) Uranium, thorium or any combination of said elements, in any physical or chemical form; (B) any other material if the United States Nuclear Regulatory Commission determines the material to be source material; and (C) ores that contain uranium, thorium or any combination of said elements in a concentration by weight of 0.05 per cent or more, or in such lower concentration if the United States Nuclear Regulatory Commission determines the material in such concentration to be source material; (8) Special nuclear material means:
(A) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material if the United States Nuclear Regulatory Commission determines the material to be such special nuclear material, but does not include source material; or (B) any material artificially enriched by any elements, isotopes or materials listed in subparagraph (A) of this subdivision not including source materials; (9) Radioactive materials means any solid, liquid or gas that emits ionizing radiation spontaneously; (10) Commissioner means the Commissioner of Energy and Environmental Protection or the commissioner's designee or agent; (11) Naturally occurring radioactive material means material that contains radionuclides that are naturally present in the environment in materials, including, but not limited to, rocks, soil, minerals, natural gas, petroleum and ground or surface water;
(12) Discrete source means a radionuclide that was processed such that its concentration within a material was purposely increased for use for commercial, medical or research activities.
Sec. 22a-152. (Formerly Sec.19-25c). Agreements with federal government. The Governor, on behalf of this state, is authorized to enter into agreements with the United States Nuclear Regulatory Commission providing for discontinuance of certain of the programs of the government of the United States with respect to sources of ionizing radiation and the assumption thereof by this state, as provided for in the Atomic Energy Act of 1954, as amended.
Sec. 22a-153. (Formerly Sec.19-25d). Duties of Commissioner of Energy and Environmental Protection. Regulations. Consultants to Governor. Deposit of fees into General Fund. Radiation exposure guidelines for emergency responders and the public. (a) The Commissioner of Energy and Environmental Protection shall supervise and regulate in the interest of the public health and safety the use of ionizing radiation within the state.
(b) Said commissioner may employ, subject to the provisions of chapter 67, and prescribe the powers and duties of such persons as may be necessary to carry out the provisions of sections 22a-151 to 22a-158, inclusive.
(c) Said commissioner shall adopt regulations, in accordance with the provisions of chapter 54, concerning sources of ionizing radiation and radioactive materials, including, but not limited to, regulations:
(1) Necessary to secure agreement state status from the United States Nuclear Regulatory Commission pursuant to section 274 of the Atomic Energy Act of 1954, 42 USC 2021, as amended from time to time;
(2) Relating to the construction, operation, control, tracking, security or decommissioning of sources of ionizing radiation, including, but not limited to, any modification or alteration of such sources; (3) Relating to the production, transportation, use, storage, possession, management, treatment, disposal or remediation of radioactive materials; (4) Relating to planning for and responding to terrorist or other emergency events, or the potential for such events, that involve or may include radioactive materials; (5) Necessary to carry out the provisions of sections 22a-151 to 22a-158, inclusive;
(6) Establishing fees for the licensure of sources of ionizing radiation, that, in conjunction with the fees collected pursuant to section 22a-148, shall be sufficient for the administration, implementation and enforcement of an ionizing radiation program; and
(7) To reciprocate in the recognition of specific licenses issued by the United States Nuclear Regulatory Commission (NRC) or another state that has reached agreement with the NRC pursuant to 42 USC 2021(b), as amended from time to time.
(d) The Governor, or the commissioner, is authorized to employ such consultants, experts and technicians as are necessary for the purpose of conducting investigations and reporting on matters connected with the implementation of the provisions of sections 22a-148 to 22a-158, inclusive.
(e) Any fees collected in accordance with section 22a-148 or 22a-150, or any regulations adopted pursuant to subsection (c) of this section, shall be deposited in the General Fund.
(f) The commissioner may establish radiation exposure guidelines for emergency responders and the public for the management of emergencies involving radioactive materials. Any such guidelines shall be compatible with the recommendations of the federal government and the National Council on Radiation Protection and Measurements.
(g) This section shall not be construed to confer authority to regulate materials or activities reserved to the United States Nuclear Regulatory Commission under 42 USC 2021(c) and 10 CFR Part 150.
-154. (Formerly Sec.19-25e). Licensing of sources of ionizing radiation. (a) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, for the general or specific licensing of sources of ionizing radiation. The commissioner may issue, deny, renew, modify, suspend or revoke such licenses and may include such terms and conditions in such licenses that the commissioner deems necessary. Nothing in this section shall be construed to confer authority to the commissioner to regulate materials or activities reserved to the Nuclear Regulatory Commission under 42 USC 2021(c) and 10 CFR 150.
(b) Said commissioner may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing requirements set forth in this section when he makes a finding that the exemption of such sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the occupational and public health and safety.
(c) Until such time as regulations governing licensing are promulgated in pursuance of an agreement between the government of the United States and this state as authorized by section 22a-152, registration shall be deemed to satisfy any licensing requirements arising under sections 22a-151 to 22a-158, inclusive.
(d) Any person that has a license prior to the effective date of an agreement pursuant to section 22a-152 from the federal government or agreement state relating to by -
product material, source material or special nuclear material and which license will be subject to the control of this state upon the effective date of such agreement, shall be considered to have a like license with this state until the expiration date specified in such license from the federal government or agreement state or until the end of the ninetieth day after such person receives notice from the Department of E nergy and Environmental Protection that such license will be deemed expired.
Sec. 22a-155. (Formerly Sec.19-25f). Issuance, modification or revocation of orders re radiation and radioactive materials. Service of orders. Hearing request.
Modification or extension of order. Appeal. (a) The Commissioner of Energy and Environmental Protection may issue, modify or revoke any order to correct or abate any violation of sections 22a-148 to 22a-158, inclusive, including any license issued pursuant to said sections and any regulation adopted pursuant to said sections. Any such order may include remedial measures that are necessary to correct or abate such violations.
(b) Any order issued pursuant to subsection (a) of this section shall be served by certified mail, return receipt requested, or by service by a state marshal or indifferent person. If a state marshal or indifferent person serves such order, a true copy of such order shall be served, and the original, with a return of such service endorsed thereon, shall be filed with the commissioner. Such order shall be deemed to be issued on the date of service or on the date such order is deposited in the mail, as applicable. Any order issued pursuant to subsection (a) of this section shall state the basis on which such order is issued and shall specify a reasonable time for compliance.
(c) Any order issued pursuant to subsection (a) of this section shall be final unless a person aggrieved by such order files a written request for a hearing before the commissioner not later than thirty days after the date of issuance of such order. Upon the receipt of any such request for a hearing, the commissioner shall hold a hearing as soon as practicable thereafter. After any such hearing, the commissioner shall consider all supporting and rebutting evidence and affirm, modify or revoke such order in the commissioner's discretion and shall so notify the recipient of the order by certified mail, return receipt requested, of the commissioner's determination.
(d) The commissioner may, after a hearing held pursuant to subsection (c) of this section, or at any time after the issuance of an order pursuant to subsection (a) of this section, modify such order or extend the time for compliance with such order, provided the commissioner determines such modification or extension is advisable or necessary.
Any such modification or extension shall be deemed to be a revision of the existing order and shall not constitute a new order. No person may request a hearing pursuant to subsection (c) of this section or take appeal to the Superior Court pursuant to subsection (e) of this section on such modification or extension.
(e) Any person aggrieved by a final order of the commissioner issued pursuant to this section may appeal such order to the superior court for the judicial district of New Britain in accordance with the provisions of section 4-183.
Sec. 22a-156. (Formerly Sec.19-25g). Injunctions against violations.
Orders. Section 22a-156 is repealed, effective October 1, 2013.
Sec. 22a-157. (Formerly Sec.19-25h). Prohibited acts. No person shall construct, operate, use, manufacture, produce, transport, transfer, receive, acquire, decommission, own or possess any source of ionizing radiation, unless such activity is in compliance with all requirements of this chapter, including any regulation adopted, or registration or license issued pursuant to this chapter. No person shall produce, transport, store, possess, manage, treat, remediate, distribute, sell, install, repair or dispose of any radioactive materials, unless such activity is in compliance with all requirements of this chapter, including any regulation adopted, or registration or license issued pursuant to this chapter. No person shall fail to register a source of ionizing radiation required to be registered under this chapter, including as required by any regulation adopted, or registration or license issued pursuant to this chapter.
Sec. 22a-157a. Hazards from radioactive materials. Commissioner authority to investigate, mitigate and contain. Liability of responsible party. Reimbursement of costs for abatement, containment, mitigation or removal of exposure hazard.
Attorney General civil action for costs of contractual obligations. (a) The Commissioner of Energy and Environmental Protection may take steps that the commissioner deems necessary to protect human health and the environment, including, but not limited to, investigating, monitoring, abating, containing, mitigating or removing any hazard, potential hazard, pollution, contamination or potential pollution or contamination if: (1) Any person causes or is responsible for any exposure hazard or potential exposure hazard from radioactive materials, radioactive waste or a source of ionizing radiation, or causes or is responsible for pollution, contamination or potential pollution or contamination of any land, water, air or other natural resource of the state through a discharge, spillage, uncontrolled loss, release, leakage, seepage or filtration of radioactive material or radioactive waste, and does not act immediately to prevent, abate, contain, mitigate or remove such hazard, potential hazard, pollution, contamination, or potential pollution or contamination, to the satisfaction of the commissioner, or (2) the person responsible is unknown, and such hazard, potential hazard, pollution, contamination, or potential pollution or contamination, is not being prevented, abated, contained, mitigated or removed by the federal government, any state agency, any municipality or any regional or interstate authority. The commissioner may enter into a contract with any person for the purpose of carrying out the provisions of this subsection.
(b) Any person who causes or is responsible for any exposure hazard or potential exposure hazard from radioactive materials, radioactive waste or a source of ionizing radiation or who causes or is responsible for pollution, contamination, or potential pollution or contamination of any land, water, air or other natural resource of the state through a discharge, spillage, uncontrolled loss, release, leakage, seepage or filtration of radioactive material or radioactive waste shall be liable for all costs and expenses incurred by the commissioner in accordance with subsection (a) of this section, including all costs and expenses to restore the air, water, land and other natural resources of the state, and shall be liable for all attorneys' fees, court costs and any other legal expenses incurred by the state regarding the recovery of such costs. Nothing in this subsection shall preclude the commissioner from seeking additional compensation or such other relief that a court may award, including punitive damages. When suc h hazard, potential hazard, pollution, contamination or potential pollution or contamination results from the action or inaction of more than one person, each person shall be held jointly and severally liable for such costs. Upon request of the commissioner, the Attorney General shall bring a civil action to recover all such costs and expenses from the person who caused or is responsible for any such hazard, potential hazard, pollution, contamination or potential pollution or contamination.
(c) Any person who prevents, abates, contains, removes or mitigates any (1) exposure hazard or potential exposure hazard from radioactive materials, radioactive waste or a source of ionizing radiation that is not authorized by a provision of the general statutes, any regulation, registration or license, or (2) any pollution or contamination or potential pollution or contamination of any land, water, air or other natural resources of the state through a discharge, spillage, uncontrolled loss, release, leakage, seepage or filtration of radioactive material or radioactive waste that is not authorized by a provision of the general statutes, any regulation, registration or license, shall be entitled to reimbursement of the reasonable costs incurred or expended for such abatement, containment, removal or mitigation from any person whose negligent, reckless, knowing or intentional action or inaction caused such hazard, potential hazard, pollution, contamination or potential pollution or contamination. When such hazard, potential hazard, pollution, contamination or potential pollution or contamination results from the action or inaction of more than one person, each such person shall be held jointly and severally liable for such costs.
(d) Whenever the commissioner incurs contractual obligations in carrying out the authority vested in the commissioner pursuant to subsection (a) of this section and the person who causes or is responsible for the hazard, potential hazard, pollution, contamination or potential pollution or contamination does not assume the tasks and responsibilities that are the subject of such contractual obligations, the commissioner shall request the Attorney General to bring a civil action, pursuant to subsection (b) of this section, to recover the costs and expenses of such contractual obligations and other costs and expenses provided for in subsection (b) of this section. If the person responsible is unknown, the commissioner shall request the federal government to assume such contractual obligations to the extent provided for by federal law.
Sec. 22a-158. (Formerly Sec. 19 -25i). Records. (a) The Commissioner of Energy and Environmental Protection shall require each person who possesses or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer or disposal, as well as such other records as the commissioner may require, subject to such exemptions as may be provided by regulation.
(b) The commissioner shall promulgate regulations requiring each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by said regulations.
Sec. 22a-158a. Cease and desist orders. Suspension or revocation of registration.
Hearing. The Commissioner of Energy and Environmental Protection may issue a cease and desist order in accordance with section 22a-7 for any violation of sections 22a-148 to 22a-158, inclusive, and may suspend or revoke any registration issued by the commissioner pursuant to section 22a-148 or 22a-150, upon a showing of cause after a hearing held in accordance with chapter 54.
Sec. 22a-158b. Action to enjoin act, practice or omission that constitutes violation. (a) Whenever, in the judgment of the Commissioner of Energy and Environmental Protection, any person has engaged in or is about to engage in any act, practice or omission that constitutes, or will constitute, a violation of any provision of this chapter, or any regulation adopted or order issued pursuant to this chapter, the Attorney General may, at the request of the commissioner, bring an action in the superior court for the judicial district of New Britain for an order enjoining such act, practice or omission. Such order may require remedial measures and direct compliance.
Upon a showing by the commissioner that such person has engaged in or is about to engage in any such act, practice or omission, the court may issue a permanent or temporary injunction, restraining order or other order, as appropriate.
(b) Any action brought by the Attorney General pursuant to this section shall have precedence in the order of trial as provided in section 52-191.
Sec. 22a-158c. Criminally negligent violations. Knowingly making false statements. Fines. Imprisonment. Subsequent convictions. (a) Any person who, with criminal negligence, violates any provision of this chapter, including, but not limited to, any regulation, license or order adopted or issued pursuant to this chapter, or who, with criminal negligence, makes any false statement, representation or certification in any application, registration, notification or other document filed or required to be maintained pursuant to this chapter, shall be fined not more than twenty-five thousand dollars per day for each day of violation or be imprisoned not more than one year, or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than two years, or both.
(b) Any person who knowingly makes any false statement, representation or certification in any application, registration, notification or other document filed or required to be maintained pursuant to this chapter shall be fined not more than fifty thousand dollars per day for each day of violation or be imprisoned not more than three years, or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than ten years, or both.
Sec. 22a-159. (Formerly Sec.19-25j). New England Compact on Radiological Health Protection.
Article I. Enactment.
This compact shall become effective when enacted into law by any two or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law. Any state not mentioned in this article which is contiguous to any party state may become a party to this compact by enacting the same.
Article II. Duties of States.
(a) It shall be the duty of each party state to formulate and put into effect an intrastate radiation incident plan which is compatible with the interstate radiation incident plan formulated pursuant to this compact.
(b) Whenever the compact administrator of a party state requests aid from the compact administrator of any other party state pursuant to this compact, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people. The compact administrator of a party state may delegate any or all of his authority to request aid or respond to requests for aid pursuant to this compact to one or more subordinates, in order that requests for aid and responses thereto shall not be impeded by reason of the absence or unavailability of the compact administrator. Any compact administrator making such a delegation shall inform all the other compact administrators thereof, and also shall inform them of the identity of the subordinate or subordinates to whom the delegation has been made.
(c) Each party state shall maintain adequate radiation protection personnel and equipment to meet normal demands for radiation protection within its borders.
Article III. Liability.
(a) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.
(b) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
(c) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state, on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
(d) Any party state rendering outside aid to cope with a radiation incident shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation and maintenance of officers, employees and equipment incurred in connection with such request: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.
(e) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state for or in which the officer or employee was regularly employed.
Article IV. Facilities, Equipment and Personnel.
(a) Whenever a department, agency or officer of a party state responsible for and having control of facilities or equipment designed for or useful in radiation control, radiation research, or any other phase of a radiological health program or programs determines that such a facility or item of equipment is not being used to its full capacity by such party state, or that temporarily it is not needed for current use by such state, a department, agency or officer may, upon request of an appropriate department, agency or officer of another party state, make such facility or item of equipment available for use by such requesting department, agency or officer. Unless otherwise required by law, the availability and use resulting therefrom may be with or without charge, at the discretion of the lending department, agency or officer. Any personal property made available pursuant to this paragraph may be removed to the requesting state, but no such property shall be made available, except for a specified period and pursuant to written agreement. Except when necessary to meet an emergency, no supplies or materials intended to be consumed prior to return shall be made available pursuant to this paragraph.
(b) In recognition of the mutual benefits, in addition to those resulting from article IV, accruing to the party states from the existence and flexible use of professional or technical personnel having special skills or training related to radiation protection, such personnel may be made available to a party state by appropriate departments, agencies and officers of other party states: Provided that the borrower reimburses such party state regularly employing the personnel in question for any cost of making such personnel available, including a prorated share of the salary or other compensation of the personnel involved.
(c) Nothing in this article shall be construed to limit or to modify in any way the provisions of article IV of this compact.
Article V. Compact Administrators.
Each party state shall have a compact administrator who shall be the head of the state agency having principal responsibility for radiation protection, and who:
- 1. Shall coordinate activities pursuant to this compact in and on behalf of his state.
- 2. Serving jointly with the compact administrators of the other party states, shall develop and keep current an interstate radiation incident plan; consider such other matters as may be appropriate in connection with programs of cooperation in the field of radiation protection and allied areas of common interest; and formulate procedures for claims and reimbursement under the provisions of article IV.
Article VI. Other Responsibilities and Activities.
Nothing in this compact shall be construed to:
- 1. Authorize or permit any party state to curtail or diminish its radiation protection program, equipment, services or facilities.
- 2. Limit or restrict the powers of any state ratifying the same to provide for the radiological health protection of the public and individuals, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to provide for such radiological health protection.
- 3. Affect any existing or future cooperative relationship or arrangement between federal, state or local governments and a party state or states.
Article VII. Withdrawal.
Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
Article VIII. Construction and Severability.
It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person or circumstance shall not be affected thereby.
Sec. 22a-160. (Formerly Sec.19-25k). Formulation and maintenance of radiation incident plan. The Commissioner of Energy and Environmental Protection, who shall be the compact administrator for the state, shall formulate and keep current a radiation incident plan for this state, in accordance with the duty assumed pursuant to article II (a) of the compact.