Sec. 16a-103. (Formerly Sec. 19-408). State agencies to study laws and regulations. Each of the following-named state agencies is directed to initiate and to pursue
continuing studies as to the need, if any, for changes in the laws and regulations administered by it that would arise from the presence within the state of special nuclear materials
and by-product materials and from the operation herein of production or utilization
facilities, and, on the basis of such studies, to make such recommendations for the
enactment of laws or amendments to law administered by it, and such proposals for
amendments to the regulations issued by it, as may appear necessary and appropriate:
(1) The Department of Public Health, particularly as to hazards, if any, to the public
health and safety; (2) the Labor Department, particularly as to hazardous working conditions, if any; (3) the Workers' Compensation Commission, particularly as to the time
and character of proof of claims or injuries and the extent of the compensation allowable
therefor; (4) the Department of Motor Vehicles and the Division of State Police within
the Department of Public Safety, particularly as to the transportation of special nuclear
materials and by-product materials on highways of the state; (5) the Department of
Public Utility Control, particularly as to the transportation of special nuclear materials
and by-product materials by common carriers not in interstate commerce and as to the
participation by public utilities subject to its jurisdiction in projects looking to the development of production or utilization facilities for industrial or commercial use; (6) the
Insurance Commissioner, particularly as to the insurance of persons and property from
hazards to life and property resulting from atomic development; (7) Commissioner of
Environmental Protection, particularly as to the hazards, if any, to the natural resources
of the state, including, without limitation, wildlife, air pollution and the protection, if
necessary, of all waterways, including, without limitation, tidal waters, rivers, lakes and
streams, from pollution; and (8) such other agencies as the Governor may direct and for
the purposes specified by him. No additional employees shall be hired for the purpose
of carrying on such studies.
(June, 1955, S. 1937d; 1957, P.A. 4; 364, S. 8; 1971, P.A. 872, S. 153; P.A. 75-486, S. 49, 69; P.A. 77-614, S. 162,
163, 323, 486, 610; P.A. 79-376, S. 26; P.A. 80-482, S. 173, 348; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1971 act deleted reference to air pollution as hazard to public health and safety in Subdiv. (a), replaced board
of fisheries and game with commissioner of environmental protection in Subdiv. (g), included air pollution and merged
Subdiv. (h) into Subdiv. (g), deleting reference to water resources commission, and relettered former Subdiv. (i) as Subdiv.
(h); P.A. 75-486 replaced public utilities commission with public utilities control authority in Subdiv. (e); P.A. 77-614
replaced public utilities control authority with division of public utility control within the department of business regulation,
and department of health with department of health services in Subdiv. (a), placed insurance commissioner within the
department of business regulation and made insurance department a division within that department in Subdiv. (f) and
made state police department a division within the department of public safety in Subdiv. (d), effective January 1, 1979;
P.A. 79-376 replaced "workmen's compensation" with "workers' compensation" in Subdiv. (c); P.A. 80-482 made division
of public utility control an independent department, restored insurance commissioner as head of independent insurance
department and deleted references to abolished department of business regulation; Sec. 19-408 transferred to Sec. 16a-103 in 1983 and alphabetic Subdiv. indicators changed editorially by the Revisors to numeric indicators; P.A. 93-381
replaced department of health services with department of public health and addiction services, effective July 1, 1993;
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and
Department of Public Health, effective July 1, 1995; (Revisor's note: In 1997 references throughout the general statutes
to "Motor Vehicle(s) Commissioner" and "Motor Vehicle(s) Department" were replaced editorially by the Revisors with
"Commissioner of Motor Vehicles" or "Department of Motor Vehicles", as the case may be, for consistency with customary
statutory usage).
Sec. 16a-104. (Formerly Sec. 19-406). License or permit for certain activity.
No person shall manufacture, construct, produce, transfer, acquire or possess any special
nuclear material, by-product material, production facility or utilization facility, or act
as an operator of a production or utilization facility wholly within this state, unless he
has first obtained a license or permit for the activity in which he proposes to engage
from the United States Atomic Energy Commission if, pursuant to the Atomic Energy
Act of 1954, the commission requires a license or permit to be obtained by persons
proposing to engage in activities of the same type over which it has jurisdiction.
(June, 1955, S. 1935d.)
History: Sec. 19-406 transferred to Sec. 16a-104 in 1983.
Sec. 16a-105. (Formerly Sec. 19-407). Attorney General to enforce statutes.
Whenever, in the opinion of the Attorney General, any person is violating or is about
to violate section 16a-104, the Attorney General may apply to the appropriate court for
an order enjoining the person from engaging or continuing to engage in the activity
violative of this chapter and, upon a showing that such person has engaged, or is about
to engage, in any such activity, a permanent or temporary injunction, restraining order
or other order may be granted.
(June, 1955, S. 1936d.)
History: Sec. 19-407 transferred to Sec. 16a-105 in 1983.
Sec. 16a-106. (Formerly Sec. 19-409d). Transporting of radioactive materials
in the state. Permit required. Regulations. Exemptions. Penalty. (a) No person shall
transport into or through the state any of the following materials: (1) Any quantity of
radioactive material specified as a "large quantity" by the Nuclear Regulatory Commission in 10 CFR, Part 71, entitled "Packaging of Radioactive Material for Transport",
(2) any quantity of radioactive waste which has been produced as part of the nuclear
fuel cycle and which is being shipped from or through the state to a waste disposal site
or facility or (3) any shipment of radioactive material or waste which is carried by
commercial carrier and which is required in 10 CFR or 49 CFR to have a placard unless
such person has been granted a permit to transport such materials from the Commissioner
of Transportation.
(b) Prior to the transporting of such materials, such person shall apply to the Commissioner of Transportation for a permit and provide said commissioner with the following information: (1) Name of shipper, (2) name of carrier, (3) type and quantity of
radioactive material or waste, (4) proposed date and time of shipment, (5) starting point,
scheduled route, and destination and (6) any other information required by the commissioner. Said commissioner shall grant such permit upon a finding that the transporting
of such material shall be accomplished in a manner necessary to protect public health
and safety of the citizens of the state. Such permit shall be granted or denied not later
than three days, Saturdays and Sundays excluded, after such person has applied for such
permit, except that if the commissioner determines that additional time is required to
evaluate such application, the commissioner shall notify such person not later than such
three-day period that such additional time is required. Said commissioner may require
changes in dates, routes or time for the transporting of such material or the use of escorts
in the transporting of such material or waste if necessary to protect the public health
and safety. The commissioner may consult with the Commissioner of Environmental
Protection and the Commissioner of Public Safety prior to the granting of such permit
and shall immediately notify the Commissioner of Public Safety of the granting of any
permit and of the terms and conditions of such permit. The Commissioner of Public
Safety shall establish an inspection procedure along scheduled routes to ensure compliance with permit conditions and with regulations adopted by the Commissioner of Transportation pursuant to subsection (c).
(c) The Commissioner of Transportation shall, not later than November 1, 1976,
and after consultation with the Commissioners of Environmental Protection, Public
Safety and Emergency Management and Homeland Security, the Secretary of the Office
of Policy and Management, representatives of the federal Nuclear Regulatory Commission and the United States Department of Transportation, adopt regulations pursuant to
chapter 54, to carry out the provisions of this section. The Commissioner of Transportation shall, after consultation with the Commissioner of Public Safety, establish by regulations adopted pursuant to chapter 54 a permit fee schedule commensurate with the cost
of administering the provisions of this section.
(d) This section shall not apply to radioactive materials shipped by or for the United
States government for military or national security purposes or which are related to
national defense. Nothing herein shall be construed as requiring the disclosure of any
defense information or restricted data as defined in the Atomic Energy Act of 1954 and
the Energy Reorganization Act of 1974, as amended.
(e) Notwithstanding the provisions of the Freedom of Information Act, as defined
in section 1-200, the Commissioner of Transportation shall not disclose to any person
other than the Commissioner of Environmental Protection or the Commissioner of Public Safety any information provided the Commissioner of Transportation pursuant to
subsection (b) of this section prior to the completion of such shipment to which such
information relates.
(f) Any person who violates any provision of this section shall be fined not more
than ten thousand dollars for each violation.
(P.A. 76-321, S. 1, 2; P.A. 77-162; 77-614, S. 19, 486, 610; P.A. 79-527, S. 1; P.A. 90-230, S. 22, 101; P.A. 97-47, S.
21; P.A. 04-219, S. 8.)
History: P.A. 77-162 prohibited transport of radioactive material or waste carried by commercial carrier and required
to have a placard without permit in Subsec. (a); P.A. 77-614 replaced commissioner of planning and energy policy with
secretary of the office of policy and management and, effective January 1, 1979, replaced commissioner of state police
with commissioner of public safety and made state police department a division within department of public safety; P.A.
79-527 required notification of public safety commissioner when permit issued, required public safety commissioner
to establish inspection procedure and required transportation commissioner to consult with public safety commissioner
concerning regulations; Sec. 19-409d transferred to Sec. 16a-106 in 1983; P.A. 90-230 corrected a reference to the director
of emergency management in Subsec. (c); P.A. 97-47 amended Subsec. (e) by substituting "the Freedom of Information
Act, as defined in Sec. 1-18a" for list of sections; P.A. 04-219 amended Subsec. (c) to substitute Commissioner of Emergency
Management and Homeland Security for director of emergency management, effective January 1, 2005.