North Carolina General Statutes Chapter 104E North Carolina Radiation Protection Act

N.C. Gen. Stat. § 104E-1. Title
This Chapter shall be known and may be cited as the "North Carolina Radiation Protection Act." (1975, c. 718, s. 1.)
N.C. Gen. Stat. § 104E-2. Scope
Except as otherwise specifically provided, this Chapter applies to all persons who receive, possess, use, transfer, own or acquire any source of radiation within...
N.C. Gen. Stat. § 104E-3. Declaration of policy
It is the policy of the State of North Carolina in furtherance of its responsibility to protect the public health and safety: (1) To...
N.C. Gen. Stat. § 104E-4. Purpose
It is the purpose of this Chapter to effectuate the policies set forth in G.S. 104E-3 by providing for: (1) A program of effective...
N.C. Gen. Stat. § 104E-5. Definitions
Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed...
N.C. Gen. Stat. § 104E-6. Designation of State radiation protection agency
The Department is hereby designated the State agency to administer a statewide radiation protection program consistent with the provisions of this Chapter. (1975, c....
N.C. Gen. Stat. § 104E-6.1. Conveyance of land used for low-level radioactive waste disposal facility to State
(a) No land may be used as a low-level radioactive waste disposal facility until fee simple title to the land has been conveyed to...
N.C. Gen. Stat. § 104E-6.2. Local ordinances prohibiting low-level radioactive waste facilities invalid; petition to preempt local ordinance
(a) It is the intent of the General Assembly to maintain a uniform system for the management of low-level radioactive waste and to place...
N.C. Gen. Stat. § 104E-7. Radiation Protection Commission - Creation and powers
(a) There is hereby created the North Carolina Radiation Protection Commission of the Department of Environment and Natural Resources with the power to promulgate...
N.C. Gen. Stat. § 104E-8. Radiation Protection Commission - Members; selections; removal; compensation; quorum; services
(a) The Commission shall consist of 11 voting public members and 10 nonvoting ex officio members. The 11 voting public members of the Commission...
N.C. Gen. Stat. § 104E-9. Powers and functions of Department of Health and Human Services
(a) The Department of Health and Human Services is authorized: (1) To advise, consult and cooperate with other public agencies and with affected groups...
N.C. Gen. Stat. § 104E-9.1. Restrictions on use and operation of tanning equipment
(a) Operators of tanning equipment and owners of tanning facilities subject to rules adopted pursuant to this Chapter shall comply with or ensure compliance...
N.C. Gen. Stat. § 104E-10. Licensing of by-product, source, and special nuclear materials and other sources of ionizing radiation
(a) The Governor, on behalf of this State, is authorized to enter into agreements with the federal government providing for discontinuance of certain of...
N.C. Gen. Stat. § 104E-10.1. Additional requirements for low-level radioactive waste facilities
(a) An applicant for a license for a low-level radioactive facility shall satisfy the Department that: (1) Any low-level radioactive waste facility heretofore constructed...
N.C. Gen. Stat. § 104E-10.2. Conveyance of property used for radioactive material disposal
A license to dispose of radioactive waste materials on land shall include a legal description of the disposal site that would be sufficient as...
N.C. Gen. Stat. § 104E-10.3. Low-level radioactive waste facility access licenses
The Commission shall provide by regulation for the licensing of access to any low-level radioactive waste facility located in the State. No person shall...
N.C. Gen. Stat. § 104E-11. Inspections, agreements, and educational programs
(a) Authorized representatives of the Department shall have the authority to enter upon any public or private property, other than a private dwelling, at...
N.C. Gen. Stat. § 104E-12. Records
(a) The Commission is authorized to require each person who possesses or uses a source of radiation: (1) To maintain appropriate records relating to...
N.C. Gen. Stat. § 104E-13. Administrative procedures and judicial review
(a) The Department may refuse to grant a license as provided in G.S. 104E-7 or 104E-10 to any applicant who does not possess the...
N.C. Gen. Stat. § 104E-14. Impounding of materials
(a) Authorized representatives of the Department shall have the authority in the event of an emergency to impound or order the impounding of sources...
N.C. Gen. Stat. § 104E-15. Transportation of radioactive materials
(a) The Radiation Protection Commission is authorized to adopt, promulgate, amend, and repeal rules and regulations governing the transportation of radioactive materials in North...
N.C. Gen. Stat. § 104E-16. Nonreverting Radiation Protection Fund
(a) There is hereby established under the control and direction of the Department a Nonreverting Radiation Protection Fund which shall be used to defray...
N.C. Gen. Stat. § 104E-17. Payments to State and local agencies
Upon completion of any project or activity stated in G.S. 104E-16(a)(1), and from time to time during any project or activity stated in G.S....
N.C. Gen. Stat. § 104E-18. Security for emergency response and perpetual maintenance costs
(a) No person shall use, manufacture, produce, transport, transfer, receive, acquire, own, possess or dispose of radioactive material until that person shall have procured...
N.C. Gen. Stat. § 104E-19. (See Editor's notes) Fees
(a) An annual fee in the amount set by the Department is imposed on a person who is required to be registered or licensed...
N.C. Gen. Stat. § 104E-20. Prohibited uses and facilities
(a) It shall be unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any source of radiation unless...
N.C. Gen. Stat. § 104E-21. Conflicting laws
(a) Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a municipality or county or board of health relating...
N.C. Gen. Stat. § 104E-22. Tort claims against persons rendering emergency assistance
Any and all tort claims against any person which arise while that person is rendering assistance during an emergency (i) at the request of...
N.C. Gen. Stat. § 104E-23. Penalties; injunctive relief
(a) Any person who violates the provisions of G.S. 104E-15 or 104E-20, or who hinders, obstructs, or otherwise interferes with any authorized representative of...
N.C. Gen. Stat. § 104E-24. Administrative penalties
(a) The Department may impose an administrative penalty on any person: (1) Who fails to comply with this Chapter, any order issued hereunder, or...
N.C. Gen. Stat. § 104E-25. Performance objectives, technical requirements and design criteria applicable to low-level radioactive waste disposal facilities; engineered barriers
(a) As used in this section, the term "Part 61" means Title 10, Code of Federal Regulations Part 61 in effect on 1 January...
N.C. Gen. Stat. § 104E-26. Standards and criteria for licensing low-level radioactive waste facilities
Standards and criteria for licensing low-level radioactive waste facilities shall be developed by the Commission. Such standards and criteria shall be developed with public...
N.C. Gen. Stat. § 104E-27. Volume reduction required
(a) The Commission shall develop and adopt rules that require generators of low-level radioactive waste to implement best management practices, including prevention, minimization, reduction,...
N.C. Gen. Stat. § 104E-28. Limited liability for volunteers in low-level radioactive waste abatement
Part 5 of Article 21A of Chapter 143 of the General Statutes shall apply to civil liability and penalties pursuant to this Chapter. (1987,...
N.C. Gen. Stat. § 104E-29. Confidential information protected
(a) The following information received or prepared by the Department in the course of carrying out its duties and responsibilities under this Chapter is...

Last modified: March 23, 2014