2016 North Dakota Century Code Title 23 Health and Safety Chapter 23-20.1 Ionizing Radiation Development
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CHAPTER 23-20.1
IONIZING RADIATION DEVELOPMENT
23-20.1-01. Definitions.
For the purposes of this chapter, the following words and phrases are defined:
1. "Byproduct material" means any radioactive material, except special nuclear material,
yielded in or made radioactive by exposure to the radiation incident to the process of
producing or utilizing special nuclear material; and the tailings or wastes produced by
the extraction, or concentration of uranium or thorium from any ore processed primarily
for its source material content.
2. "Commission" means United States nuclear regulatory commission or any successor
thereto.
3. "Department" means state department of health.
4. "General license" means a license effective pursuant to regulations promulgated by
the department without the filing of an application to transfer, acquire, own, possess, or
use quantities of, or devices or equipment utilizing byproduct, source, special nuclear
materials, or other radioactive material occurring naturally or produced artificially.
5. "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles,
high-speed electrons, protons, neutrons, and other nuclear particles; but not sound or
radio waves, or visible, infrared, or ultraviolet light.
6. "Person" means any individual, corporation, limited liability company, partnership, firm,
association, trust, estate, public or private institution, group, agency, political
subdivision of this state, any other state or political subdivision or agency thereof, and
any legal successor, representative, agent, or agency of the foregoing, other than the
commission, and other than federal government agencies licensed by the commission.
7. "Radioactive material" means any solid, liquid, or gas that emits ionizing radiation
spontaneously.
8. "Registration" means the notification of the department of possession of a source of
radiation and the furnishing of information with respect thereto, in accordance with
sections 23-20-02 through 23-20-06.
9. "Special nuclear material" means:
a. Plutonium, uranium-233, uranium enriched in the isotope-233 or in the
isotope-235, and any other material which the department declares by rule to be
special nuclear material after the commission has determined the material to be
such, but does not include source material; or
b. Any material artificially enriched by any of the foregoing but does not include
source material.
10. "Specific license" means a license issued after application, to process, generate,
dispose, use, manufacture, produce, transfer, receive, acquire, own, or possess
quantities of, or devices or equipment utilizing byproduct, source, special nuclear
materials, or other radioactive material occurring naturally or produced artificially.
11. "Source material" means uranium, thorium, or any other material which the department
declares by rule to be source material after the commission has determined the
material to be such; or ores containing one or more of the foregoing materials, in such
concentration as the department declares by rule to be source material after the
commission has determined the material in such concentration to be source material.
12. "Surety" means cash deposits, surety bonds, certificates of deposit, deposits of
government securities, letters of credit, and other surety mechanisms deemed
acceptable by the department.
23-20.1-02. State radiation control agency.
The state department of health is hereby designated to administer the statewide licensing
and regulatory radiation program, consistent with the provisions of this chapter.
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23-20.1-03. Powers and duties of the department.
For the protection of the public health and safety, the department is empowered to:
1. Evaluate hazards associated with the use of sources of ionizing radiation by inspection
and other means.
2. Conduct programs with due regard for compatibility with federal programs for the
licensing and regulation of byproduct, source, special nuclear materials, and other
radioactive materials.
3. Advise, consult, and cooperate with other public agencies and with affected groups
and industries.
4. Administer the statewide licensing and regulatory radiation program.
23-20.1-04. Licensing and registration of sources of ionizing radiation.
1. The department shall provide by rule or regulation for general or specific licensing of
persons to process, generate, dispose, use, manufacture, produce, acquire, own,
receive, possess, or transfer byproduct, source, special nuclear material, and other
radioactive materials occurring naturally or produced artificially or devices or
equipment utilizing such materials. Such rule or regulation must provide for
amendment, suspension, or revocation of licenses.
2. The department may exempt certain sources of ionizing radiation or kinds of uses or
users from the licensing or registration requirements set forth in this section and in
sections 23-20-02 through 23-20-06 when the department 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 health and safety of the public.
23-20.1-04.1. Custody of disposal sites.
1. Any radioactive materials license issued or renewed for any activity which results in
the processing, generation, or disposal of source material, byproduct material, or other
radioactive material occurring naturally or produced artificially must contain any terms
and conditions the department determines to be necessary to assure that, prior to
termination of such license:
a. The licensee will comply with any decontamination, decommissioning, and
stabilization standards prescribed by the department, which must be equivalent to
or more stringent than those of the commission for sites, structures, and
equipment used in conjunction with the processing, generation, or disposal of
source material, byproduct material, or other radioactive material occurring
naturally or produced artificially; and
b. Ownership of any disposal site and source material, byproduct material, or other
radioactive material occurring naturally or produced artificially which resulted from
the licensed activity must, subject to the provisions of subsection 2, be
transferred to either the United States if provided by federal law or North Dakota if
North Dakota exercises the option to acquire land used for the disposal of such
source material, byproduct material, or other radioactive material occurring
naturally or produced artificially.
2. a. The department shall require by rule, regulation, or order that prior to the
termination of any license, title to the land, including any interests therein (other
than land held in trust by the United States for any Indian tribe or owned by an
Indian tribe subject to a restriction against alienation imposed by the United
States or land already owned by the United States or by North Dakota) which is
used for the disposal of source material, byproduct material, or other radioactive
material occurring naturally or produced artificially pursuant to a license, must be
transferred to either the United States if provided by federal law or North Dakota
unless the commission and the department determine prior to the termination that
transfer of title to the land and the material is not necessary to protect the public
health, safety, or welfare or to minimize danger to life or property.
b. If transfer to North Dakota of title to the land, source material, byproduct material,
or other radioactive material occurring naturally or produced artificially is required,
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3.
the department shall maintain the material and land in a manner as will protect
the public health, safety, and the environment.
c. The department is authorized to undertake any monitoring, maintenance, and
emergency measures necessary to protect the public health and safety for those
materials and property for which it has assumed custody pursuant to this chapter.
d. The transfer of title to land or source material, byproduct material, or other
radioactive material occurring naturally or produced artificially, to North Dakota
does not relieve any licensee of liability for any fraudulent or negligent acts done
prior to the transfer.
e. Material and land transferred to either the United States or North Dakota in
accordance with this section must be transferred without cost to either the United
States or North Dakota other than administrative and legal costs incurred by
either the United States or North Dakota in carrying out the transfer.
Land used for the disposal of technologically enhanced naturally occurring radioactive
material is not subject to the provisions of subsection 2.
23-20.1-04.2. Surety requirements.
1. The department shall establish by rule standards and instructions as it deems
necessary or desirable to ensure:
a. That an adequate surety as determined by the department will be provided by the
licensee to permit the completion of all requirements established by the
department for the decontamination, decommissioning, and stabilization of sites,
structures, and equipment used in conjunction with the processing, generation, or
disposal of source material, byproduct material, or other radioactive material
occurring naturally or produced artificially; and
b. That if the department determines that any long-term maintenance and
monitoring is necessary, the licensee, before termination of any license for source
material, byproduct material, or other radioactive material occurring naturally or
produced artificially will make available such funds as may be necessary to
assure maintenance and monitoring.
2. Any funds for long-term site surveillance and control must be available to North Dakota
if title and custody of source material, byproduct material, or other radioactive material
occurring naturally or produced artificially and its disposal site is transferred to North
Dakota pursuant to subsection 1 of section 23-20.1-04.1. The funds must be
transferred to the United States if title and custody of the source material, byproduct
material, or other radioactive material occurring naturally or produced artificially and its
disposal site is transferred to the United States upon termination of any license for
source material, byproduct material, or other radioactive material occurring naturally or
produced artificially. These funds include sums collected for long-term surveillance,
i.e., continued site observation, monitoring, and possibly in some cases, if necessary,
maintenance. The funds do not, however, include moneys held as surety where no
default had occurred and the reclamation or other bonded activity has been performed.
3. If the department requires a surety for stabilization or funds for long-term surveillance,
i.e., continued site observation, monitoring, and possibly in some cases, if necessary,
maintenance, the amounts must be sufficient to ensure compliance with those
standards established by the commission and the department pertaining to financial
arrangements to ensure adequate stabilization and long-term management of source
material, byproduct material, or other radioactive material occurring naturally or
produced artificially and its disposal site.
23-20.1-04.3. Procedural requirements.
In the licensing and regulation of the processing, generation, or disposal of source material,
byproduct material, or other radioactive material occurring naturally or produced artificially, the
department shall provide:
1. In the cases of licenses:
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a.
2.
An opportunity, after public notice, for written comments and a public hearing,
with a transcript.
b. A written determination of the action to be taken which is based upon findings
included in the determination and upon evidence presented during the public
comment period and which is subject to judicial review.
c. For each licensed activity which has a significant impact on the human
environment, a written analysis prepared by the department, which must be
available to the public before commencement of hearings, of the impact of the
licensed activity on the environment. The analysis must include:
(1) An assessment of the radiological and nonradiological impacts to the public
health.
(2) An assessment of any impact on any waterway and ground water.
(3) Consideration of alternatives to the activities to be conducted.
(4) Consideration of the long-term impacts of the licensed activities.
d. A prohibition of any major construction with respect to the activities to be
conducted prior to completing the action stipulated in subdivisions a, b, c, and d.
e. An assurance that management of source material, byproduct material, or other
radioactive material occurring naturally or produced artificially is carried out in
conformance with applicable standards promulgated by the department, the
commission, and the United States environmental protection agency.
In the case of rulemaking:
a. An opportunity for public participation through written comments or a public
hearing.
b. An opportunity for judicial review.
23-20.1-04.4. Additional authorities.
The department is authorized to require persons exempt from licensing to conduct
monitoring, perform remedial work, and to comply with any other measures the department
deems necessary or desirable to protect health or minimize danger to life or property.
23-20.1-04.5. Fees deposit in operating fund.
The department, by rule or regulation, may prescribe and provide for the payment and
collection of reasonable fees for the issuance of licenses and registration certificates. The
license and registration certificate fees must be based on the anticipated cost of filing and
processing the application, of taking action on the requested license or registration certificate,
and of conducting an inspection program to determine compliance or noncompliance with the
license or registration certificate.
Any moneys collected for permit or registration fees must be deposited in the state
department of health operating fund in the state treasury and must be spent subject to
appropriation by the legislative assembly.
23-20.1-04.6. X-ray operators - Rules.
The health council shall adopt rules, to become effective August 1, 2006, to require that
x-ray operators obtain continuing education every two years and to establish minimum
standards for x-ray operator provision of limited pediatric examinations.
23-20.1-05. Federal-state agreements.
1. The governor, on behalf of this state, is authorized to enter into agreements with the
federal government providing for discontinuance of certain of the responsibilities of the
federal government with respect to sources of ionizing radiation and the assumption
thereof by the state.
2. Any person who, on the effective date of an agreement under subsection 1, possesses
a license issued by the federal government must be deemed to possess the same
pursuant to a license issued under this chapter, which must expire either ninety days
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after receipt from the department of a notice of expiration of such license or on the
date of expiration specified in the federal license, whichever is earlier.
23-20.1-06. Administrative procedures and judicial review.
Any proceeding under this chapter for:
1. The issuance or modification of rules including emergency orders relating to control of
sources of ionizing radiation;
2. Granting, suspending, revoking, or amending any license; or
3. Determining compliance with rules of the department;
must be conducted in accordance with the provisions of chapter 28-32. If an emergency exists
requiring immediate action to protect the public health and safety, the department may, without
notice or hearing, issue an order reciting the existence of such emergency and requiring that
such action be taken as is necessary to meet this emergency. Notwithstanding any provision of
this chapter, such order is effective immediately. Any person to whom such order is directed
shall comply therewith immediately, but on application to the department must be afforded a
hearing before the department within ten days. On the basis of such hearing, the emergency
order must be continued, modified, or revoked within thirty days after such hearing.
23-20.1-07. Injunction proceedings.
Whenever, in the judgment of the department, any person has engaged in or is about to
engage in any acts or practices which constitute or will constitute a violation of any provision of
this chapter, or any rule or order issued thereunder, the department, in accordance with the laws
of the state governing injunctions and other process, may within an action in the name of the
state enjoining such acts or practices, or for an order directing compliance, and upon a showing
by the department that such person has engaged or is about to engage in any such acts or
practices, a permanent or temporary injunction, restraining order, or other order may be granted.
23-20.1-08. Prohibited uses.
It is unlawful for any person to use, manufacture, produce, transport, transfer, receive,
acquire, own, or possess any source of ionizing radiation unless registered with or licensed by
the department in accordance with the provisions of this chapter.
23-20.1-09. Impounding of materials.
The department has the authority in the event of an emergency to impound or order the
impounding of sources of ionizing radiation in the possession of any person who is not equipped
to observe or fails to observe the provisions of this chapter or any rules issued thereunder.
23-20.1-09.1. Confidentiality of records.
Repealed by S.L. 2015, ch. 192, § 7.
23-20.1-10. Penalties.
1. Any person who violates this chapter or any permit condition, rule, order, limitation, or
other applicable requirement implementing this chapter is subject to a civil penalty not
to exceed twelve thousand five hundred dollars per day per violation, unless the
penalty for the violation is otherwise specifically provided for and made exclusive in
this chapter.
2. Any person who willfully violates any provision of this chapter or any permit condition,
rule, order, limitation, or other applicable requirement implementing this chapter is
guilty of a class C felony, unless the penalty for the violation is otherwise specifically
provided for and made exclusive in this chapter.
3. Any person who willfully makes any false statement, representation, or certification in
any application, record, report, plan, or other document filed or required to be
maintained under this chapter or any permit condition, rule, order, limitation, or other
applicable requirement implementing this chapter or who falsifies, tampers with, or
willfully renders inaccurate any monitoring device or method required to be maintained
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under this chapter or any permit condition, rule, order, limitation, or other applicable
requirement implementing this chapter is guilty of a class C felony, unless the penalty
for the violation is otherwise specifically provided for and made exclusive in this
chapter.
23-20.1-11. Effective date.
The provisions of this chapter relating to the control of byproduct, source, and special
nuclear materials become effective on the effective date of the agreement between the federal
government and this state as provided in section 23-20.1-05. The provisions of this chapter
relating to other sources of ionizing radiation take effect on July 1, 1965.
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