2014 Vermont Statutes
Title 18 - Health
Chapter 32 - IONIZING AND NONIONIZING RADIATION CONTROL
§ 1653 Federal-state agreements

§ 1653. Federal-state agreements

(a) The governor, on behalf of the state of Vermont, may enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to byproduct, source, and special nuclear materials and the assumption thereof by the state of Vermont.

(b) In the event of such agreement:

(1) The agency shall provide by rule for general or specific licensing of byproducts, source, special nuclear materials, or devices or equipment utilizing such materials. The rule shall provide for amendment, suspension, or revocation of licenses.

(2) The agency shall be authorized to exempt certain byproduct, source, or special nuclear materials or kinds of uses or users from the licensing or registration requirements set forth in this section when the agency makes a finding that the exemption of such materials or kinds of uses or users will not constitute a significant risk to the health and safety of the public.

(3) Any person having a license immediately before the effective date of an agreement under subsection (a) of this section from the federal government or agreement state relating to byproduct material, source material, or special nuclear material and which on the effective date of this agreement is subject to the control of this state shall be considered to have a like license with the state of Vermont until the expiration date specified in the license from the federal government or agreement state or until the end of the ninetieth day after the person receives notice from the agency that the license will be considered expired.

(4) The agency shall require each person who possesses or uses byproduct, source, or special nuclear materials to maintain records relating to the receipt, storage, transfer, or disposal of such materials and such other records as the agency may require subject to such exemptions as may be provided by rule.

(5) Violations:

(A) It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any byproduct, source, or special nuclear material unless licensed by or registered with the agency in accordance with the provisions of this chapter.

(B) The agency shall have the authority in the event of an emergency to impound or order the impounding of byproduct, source, and special nuclear materials in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder.

(6) The provisions of this section relating to the control of byproduct, source, and special nuclear materials shall become effective on the effective date of an agreement between the federal government and this state as provided in section 1656 of this title. (Added 1967, No. 27, § 3.)