2015 Indiana Code TITLE 10. PUBLIC SAFETY ARTICLE 19. DEPARTMENT OF HOMELAND SECURITY CHAPTER 11. RADIATION AND RADIOACTIVE MATERIAL CONTROL
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IC 10-19-11
Chapter 11. Radiation and Radioactive Material Control
IC 10-19-11-1
Public policy
Sec. 1. Whereas radiation may improve the health, welfare, and
productivity of the public if used properly, but may impair the health
of the public and the industrial and agricultural potentials of Indiana
if used improperly, it is the public policy of Indiana to encourage
constructive uses of radiation and to control the harmful effects of
radiation.
As added by P.L.29-2014, SEC.2.
IC 10-19-11-2
Definitions
Sec. 2. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Agency" refers to the department of homeland security
established by IC 10-19-2-1.
(c) "Agreement state" means a state with which the United States
Atomic Energy Commission or the Nuclear Regulatory Commission
has entered into an agreement under subsection 274b of the federal
Atomic Energy Act of 1954 (42 U.S.C. 2021b).
(d) For purposes of this chapter, exposures are "as low as is
reasonably achievable" if every reasonable effort has been made to
maintain exposures to ionizing radiation as far below the dose limits
as is practical:
(1) consistent with the purpose for which the licensed activity
is undertaken;
(2) taking into account the state of technology and the
economics of improvements; and
(3) in relation to:
(A) benefits to the public health and safety;
(B) other societal and socioeconomic considerations; and
(C) utilization of nuclear energy and licensed materials in the
public interest.
(e) "Atomic Energy Act of 1954" refers to the federal Atomic
Energy Act of 1954, 42 U.S.C. 2011 et seq., as in effect January 1,
2014.
(f) "Byproduct material" means any of the following:
(1) Radioactive material, except special nuclear material,
yielding in or made radioactive by exposure to the radiation
incident to the process of producing or utilizing special nuclear
material.
(2) The tailings or wastes produced by the extraction or
concentration of uranium or thorium from ore.
(3) Any discrete source of radium-226 that is produced,
extracted, or converted after extraction for use for a commercial,
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medical, or research activity.
(4) Any material that:
(A) has been made radioactive by use of a particle
accelerator; and
(B) is:
(i) produced;
(ii) extracted; or
(iii) converted after extraction;
for use for a commercial, medical, or research activity.
(5) Any discrete source of naturally occurring radioactive
material, other than source material, that:
(A) is determined by the Nuclear Regulatory Commission, in
consultation with the administrator of the United States
Environmental Protection Agency, the United States
Secretary of Energy, the United States Secretary of
Homeland Security, and the head of any other appropriate
federal agency, to pose a threat similar to the threat posed by
a discrete source of radium-226 to the public health and
safety or the common defense and security; and
(B) is:
(i) extracted; or
(ii) converted after extraction;
for use in a commercial, medical, or research activity.
(g) "General license" means an export or import license that:
(1) is issued through rulemaking by the Nuclear Regulatory
Commission;
(2) is effective without the filing of a specific application with
the Nuclear Regulatory Commission or the issuance of licensing
documents to a particular person;
(3) is not an exemption from the requirements of the Nuclear
Regulatory Commission; and
(4) does not relieve a person from complying with other
applicable Nuclear Regulatory Commission, federal, or state
requirements.
(h) "Inspection" means an official examination or observation by
the agency. The term includes tests, surveys, and monitoring to
determine compliance with this chapter and the rules adopted under
this chapter.
(i) "Ionizing radiation" means:
(1) alpha particles;
(2) beta particles;
(3) gamma rays;
(4) x-rays;
(5) neutrons;
(6) high-speed electrons;
(7) high-speed protons; and
(8) other particles capable of producing ions.
The term does not include nonionizing radiation such as radio waves,
microwaves, and visible light, infrared light, or ultraviolet light.
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(j) "License" means a license issued under the Nuclear Regulatory
Commission regulations or by an agreement state as stated in 10 CFR
Parts 30 through 36, 39, 40, 50, 60, 61, 63, 70, or 72.
(k) "Licensed material" means:
(1) source material;
(2) special nuclear material; or
(3) byproduct material;
that is received, possessed, used, transferred, or disposed of under a
general or specific license issued by the Nuclear Regulatory
Commission or the agency.
(l) "Nuclear Regulatory Commission" refers to the United States
Nuclear Regulatory Commission.
(m) "Person" means an individual, a firm, a partnership, an
association, a fiduciary, an executor or administrator, a governmental
entity, a limited liability company, or a corporation.
(n) "Radioactive material" means:
(1) byproduct material;
(2) source material;
(3) special nuclear material; or
(4) any solid, liquid, or gas that emits radiation spontaneously.
(o) "Registration" means registration with the agency.
(p) "Source material" means:
(1) natural uranium, depleted uranium, thorium, or any other
combination of natural uranium, depleted uranium, and thorium,
in any physical or chemical form other than special nuclear
material; or
(2) ores that contain by weight at least five-hundredths of one
percent (0.05%) of:
(A) natural uranium;
(B) depleted uranium;
(C) thorium; or
(D) any combination of natural uranium, depleted uranium,
and thorium.
(q) "Special nuclear material" means:
(1) plutonium;
(2) uranium-233; or
(3) uranium enriched above seven hundred eleven thousandths
of one percent (0.711%) by weight in the isotope uranium-235.
(r) "Specific license" means an export or import license document
that is issued to a named person and authorizes the export or import
of specified nuclear equipment or materials based upon the review
and approval of an NRC Form 7 (Application for NRC Export or
Import License, amendment, renewal, or consent request(s))
application.
(s) "Unnecessary radiation" means radiation used in such a manner
as to be injurious or dangerous to health, life, or property.
(t) "The state" refers to the state of Indiana.
As added by P.L.29-2014, SEC.2.
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IC 10-19-11-3
Inspection and investigation
Sec. 3. (a) The agency or the agency's agent may enter at any
reasonable time any private or public property for the purpose of an
inspection and investigation of conditions relating to radiation
control.
(b) An owner or tenant of private or public property shall, upon
reasonable notice, make available to the agency for inspection
records maintained in accordance with 10 CFR 20, this chapter, and
the rules adopted under this chapter.
(c) An owner or tenant of private or public property shall permit
the agency to:
(1) perform radiation surveys in the air using portable survey
equipment; and
(2) take environmental samples for analysis;
as the agency considers appropriate and necessary for public health
and safety.
As added by P.L.29-2014, SEC.2.
IC 10-19-11-4
Regulation of byproduct material, source material, and special
nuclear material; agreement with Nuclear Regulatory Commission
Sec. 4. (a) Byproduct material shall be licensed and regulated in
Indiana by the Nuclear Regulatory Commission until the governor,
on behalf of the state, enters into an agreement with the Nuclear
Regulatory Commission for the state to assume regulation of the use
of byproduct material under subsection (d).
(b) Source material shall be licensed and regulated in Indiana by
the Nuclear Regulatory Commission until the governor, on behalf of
the state, enters into an agreement with the Nuclear Regulatory
Commission for the state to assume regulation of the use of source
materials under subsection (d).
(c) Special nuclear material shall be licensed and regulated in
Indiana by the Nuclear Regulatory Commission until the governor,
on behalf of the state, enters into an agreement with the Nuclear
Regulatory Commission to assume regulation of the use of special
nuclear material under subsection (d).
(d) The governor, or the governor's appointee on behalf of the
state, may enter into an agreement with the Nuclear Regulatory
Commission to assume regulation, as authorized under the federal
Atomic Energy Act of 1954, of the use of the following:
(1) Byproduct material.
(2) Source material.
(3) Special nuclear material.
(e) An agreement entered into under subsection (d) may provide
for the federal government to relinquish certain of its responsibilities
with respect to sources of ionizing radiation and for the state to
assume those responsibilities.
(f) After the governor, on behalf of the state, enters into an
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agreement with the Nuclear Regulatory Commission under
subsection (d), the agency may adopt rules under IC 4-22-2 to
implement the agreement, including emergency rules in the manner
provided under IC 4-22-2-37.1.
As added by P.L.29-2014, SEC.2.
IC 10-19-11-5
Duty to register source of radiation
Sec. 5. If a person receives, possesses, uses, transfers, owns, or
acquires any source of radiation before the governor enters into an
agreement with the Nuclear Regulatory Commission under section 4
of this chapter, the person shall register the source of radiation with
the agency on forms prescribed by the agency.
As added by P.L.29-2014, SEC.2.
IC 10-19-11-6
Registration or licensing of person that produces, uses, stores, or
disposes of radioactive materials
Sec. 6. (a) A person shall not produce, use, store, or dispose of
radioactive materials until the person:
(1) is registered or licensed in Indiana under this chapter; or
(2) registers in writing with the agency, giving the pertinent
information the agency requires, in accordance with the
procedures prescribed by the agency.
(b) A person that uses, stores, or disposes of radioactive materials
may be exempted by the agency from licensure or registration under
this chapter if the agency determines that the person's use, storage, or
disposal of radioactive materials is not a material hazard to public
health, safety, and welfare.
As added by P.L.29-2014, SEC.2.
IC 10-19-11-7
Duty of person transporting, handling, using, or storing ionizing
radiation sources
Sec. 7. A person transporting, handling, using, storing, or keeping
ionizing radiation sources shall:
(1) transport, handle, use, store, or keep the ionizing radiation
sources so as to prevent unnecessary radiation; and
(2) make every effort to keep exposures as low as is reasonably
achievable.
As added by P.L.29-2014, SEC.2.
IC 10-19-11-8
Rules
Sec. 8. In addition to adopting rules under section 4(f) of this
chapter, the agency may adopt rules under IC 4-22-2 to effectuate the
purposes of this chapter, including rules imposing fees for licensure
and registration under this chapter.
As added by P.L.29-2014, SEC.2.
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IC 10-19-11-9
Violations
Sec. 9. A person who:
(1) produces radiation; or
(2) produces, uses, stores, sells, or otherwise disposes of
radioactive materials;
in violation of this chapter commits a Class B misdemeanor. Each
day a violation continues, after notification in writing of the offense
by the agency, constitutes a separate offense.
As added by P.L.29-2014, SEC.2.
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