Sec. 22a-151. (Formerly Sec. 19-25b). Ionizing radiation: Definitions.
Sec. 22a-152. (Formerly Sec. 19-25c). Agreements with federal government.
Sec. 22a-154. (Formerly Sec. 19-25e). Licensing of sources of ionizing radiation.
Sec. 22a-157. (Formerly Sec. 19-25h). Prohibited acts.
Sec. 22a-148. (Formerly Sec. 19-24). Regulation of sources of ionizing radiation and radioactive materials. (a) As used in this section, “ionizing radiation” includes gamma rays, x-rays, alpha and beta particles, neutrons, protons, high-speed electrons and other atomic or nuclear particles, but does not include sound or radio waves or light of wave lengths ranging from infrared to ultraviolet inclusive, and “radioactive materials” includes any materials, solid, liquid or gas, that emit ionizing radiation spontaneously.
(b) No person, firm, corporation, town, city or borough shall operate or cause to be operated any source of ionizing radiation or shall produce, transport, store, possess or dispose of radioactive materials except under conditions which comply with regulations or with orders imposed by the Commissioner of Energy and Environmental Protection for the protection of the public health and preservation of the environment. Such regulations or orders shall be compatible with the regulations of the United States Nuclear Regulatory Commission, issued under authority granted to said commission by the Atomic Energy Act of 1954, as codified in 42 USC 2014, as amended from time to time. No regulation pertaining to radiation sources and radioactive materials proposed to be issued by the commissioner shall become effective until thirty days after it has been submitted to the Coordinator of Atomic Development Activities unless, upon a finding of emergency need, the Governor by order waives all or any part of said thirty-day period. In no case shall any source of ionizing radiation be utilized otherwise than at the lowest practical level consistent with the best use of the radiation facilities or radioactive materials involved.
(c) (1) Except as hereinafter provided, each person, firm, corporation, town, city and borough conducting or planning to conduct any operation within the scope of this section shall register with the Commissioner of Energy and Environmental Protection on forms provided for the purpose and shall reregister annually in January. Such registration shall be accompanied by a fee of two hundred dollars. The commissioner may require registrants to state the type or types of sources of radiation involved, the maximum size or rating of each source, the qualifications of the supervisory personnel, the protective measures contemplated by the registrant and such other information as it determines to be necessary. After initial registration, reregistration shall be required for any radiation installation or mobile source of radiation at any other time when any increase is contemplated in the number of sources, the source strength, the output or the types of radiation energy involved. The act of registration shall not be interpreted to imply approval by the commissioner of the manner in which the activities requiring registration are carried out. (2) The activities described below are exempted from the registration requirements of this section: (A) The production, transportation, storage, use and disposal of naturally occurring radioactive materials of equivalent specific radioactivity not exceeding that of natural potassium; (B) the production, transportation, storage, use and disposal of other radioactive materials in quantities insufficient to involve risk of radiologic damage to a person; (C) the operation of equipment that is primarily not intended to produce radiation and that, by nature of design, does not produce radiation at the point of nearest approach in quantities sufficient to produce radiologic damage to a person; (D) the transportation of any radioactive material in conformity with regulations of the Interstate Commerce Commission or other agency of the federal government having jurisdiction.
(1957, P.A. 154, S. 1–3; 1967, P.A. 550, S. 10; 1971, P.A. 872, S. 411, 412; P.A. 89-201, S. 1; P.A. 90-231, S. 3, 28; P.A. 91-369, S. 23, 36; June 30 Sp. Sess. P.A. 03-6, S. 122; P.A. 11-80, S. 1; June Sp. Sess. P.A. 21-2, S. 47.)
History: 1967 act repealed this section effective as of effective date of agreement between governor and United States government in accordance with Sec. 19-25c; 1971 act replaced health department in Subsecs. (b) and (c) with commissioner of environmental protection and deleted reference to public health code, adding reference to orders for the preservation of the environment in Subsec. (b); Sec. 19-24 transferred to Sec. 22a-148 in 1983; P.A. 89-201 deleted Subsec. (c)(2)(A) re exemption from registration of devices emitting x-rays for diagnostic or therapeutic purposes and relettered the remaining Subparas. accordingly; P.A. 90-231 amended Subsec. (c) to require a registration fee of $100 and provided that on and after July 1, 1992, the fee shall be prescribed by regulations; P.A. 91-369 amended Subsec. (c) to restate commissioner's authority to adopt regulations setting the fees required by this section; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (c) to increase annual registration fee from $100 to $200 and to delete provisions re regulations to prescribe amount of fees, effective August 20, 2003; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; June Sp. Sess. P.A. 21-2 amended Subsec. (b) by replacing “based to the extent deemed practicable by said department on” re regulations or orders with reference to compatibility with regulations of United States Nuclear Regulatory Commission, and making conforming changes.
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Sec. 22a-151. (Formerly Sec. 19-25b). Ionizing radiation: Definitions. As used in sections 22a-151 to 22a-158, inclusive:
(1) “By-product material” means each of the following: (A) Any radioactive material, other than special nuclear material, that is yielded in or made radioactive by exposure to radiation which is incidental to the process of producing or utilizing special nuclear material; (B) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes but excluding any underground ore bodies depleted by such solution extraction processes; (C) any discrete source of radium-226 that is produced, extracted or converted after extraction for use for a commercial, medical or research activity; (D) any material that was made radioactive by use of a particle accelerator and that is produced, extracted or converted after extraction for use for a commercial, medical or research activity; and (E) any discrete source of naturally occurring radioactive material, other than source material, that is extracted or converted after extraction for use in a commercial, medical or research activity, if the United States Nuclear Regulatory Commission determines that the source would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety;
(2) “Ionizing radiation” means gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultra violet light. The Commissioner of Energy and Environmental Protection shall be empowered to make regulations amending or modifying this definition;
(3) “General license” means a license effective pursuant to regulations promulgated by the Commissioner of Energy and Environmental Protection without the filing of an application for, or issuance of a licensing document for, the transfer, transport, acquisition, ownership, possession or use of quantities of, or devices or equipment utilizing by-product, source, special nuclear materials or other radioactive material occurring naturally or produced artificially;
(4) “Specific license” means a license, issued after application, to use, manufacture, produce, transfer, transport, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials or other radioactive material occurring naturally or produced artificially;
(5) “Person” means any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, other than any federal agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of any of the foregoing, other than the United States Nuclear Regulatory Commission or any successor thereto, and other than agencies of the government of the United States licensed by the United States Nuclear Regulatory Commission or any successor thereto;
(6) “Registration” means registration in conformance with the requirements of section 22a-148. The issuance of a specific license pursuant to sections 22a-151 to 22a-158, inclusive, shall be deemed to satisfy fully any registration requirements set forth in said section;
(7) “Source material” means each of the following: (A) Uranium, thorium or any combination of said elements, in any physical or chemical form; (B) any other material if the United States Nuclear Regulatory Commission determines the material to be source material; and (C) ores that contain uranium, thorium or any combination of said elements in a concentration by weight of 0.05 per cent or more, or in such lower concentration if the United States Nuclear Regulatory Commission determines the material in such concentration to be source material;
(8) “Special nuclear material” means:
(A) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material if the United States Nuclear Regulatory Commission determines the material to be such special nuclear material, but does not include source material; or (B) any material artificially enriched by any elements, isotopes or materials listed in subparagraph (A) of this subdivision not including source materials;
(9) “Radioactive materials” means any solid, liquid or gas that emits ionizing radiation spontaneously;
(10) “Commissioner” means the Commissioner of Energy and Environmental Protection or the commissioner's designee or agent;
(11) “Naturally occurring radioactive material” means material that contains radionuclides that are naturally present in the environment in materials, including, but not limited to, rocks, soil, minerals, natural gas, petroleum and ground or surface water;
(12) “Discrete source” means a radionuclide that was processed such that its concentration within a material was purposely increased for use for commercial, medical or research activities.
(1967, P.A. 550, S. 1; 1971, P.A. 872, S. 415, 416; P.A. 95-79, S. 95, 189; P.A. 11-80, S. 1; June Sp. Sess. P.A. 21-2, S. 40.)
History: 1971 act replaced public health council with commissioner of environmental protection in Subdivs. (2) and (3); Sec. 19-25b transferred to Sec. 22a-151 in 1983; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subdivs. (2) and (3), effective July 1, 2011; June Sp. Sess. P.A. 21-2 redefined “by-product material” in Subdiv. (1), “person” in Subdiv. (5), “source material” in Subdiv. (7), “special nuclear material” in Subdiv. (8) and added definitions of “radioactive materials” as Subdiv. (9), “commissioner” as Subdiv. (10), “naturally occurring radioactive material” as Subdiv. (11) and “discrete source” as Subdiv. (12).
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Sec. 22a-152. (Formerly Sec. 19-25c). Agreements with federal government. The Governor, on behalf of this state, is authorized to enter into agreements with the government of the United States providing for relinquishment of certain of the programs of the government of the United States with respect to sources of ionizing radiation and the assumption thereof by this state, as provided for in the Atomic Energy Act of 1954, as amended.
(1967, P.A. 550, S. 2; June Sp. Sess. P.A. 21-2, S. 48.)
History: Sec. 19-25c transferred to Sec. 22a-152 in 1983; June Sp. Sess. P.A. 21-2 replaced “discontinuance” with “relinquishment”.
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Sec. 22a-153. (Formerly Sec. 19-25d). Duties of Commissioner of Energy and Environmental Protection. Regulations. Consultants to Governor. Deposit of fees into General Fund. Radiation exposure guidelines for emergency responders and the public. (a) The Commissioner of Energy and Environmental Protection shall supervise and regulate in the interest of the public health and safety the use of ionizing radiation within the state.
(b) Said commissioner may employ, subject to the provisions of chapter 67, and prescribe the powers and duties of such persons as may be necessary to carry out the provisions of sections 22a-151 to 22a-158, inclusive.
(c) Said commissioner shall adopt regulations, in accordance with the provisions of chapter 54, concerning sources of ionizing radiation and radioactive materials, including, but not limited to, regulations:
(1) Necessary to secure agreement state status from the United States Nuclear Regulatory Commission pursuant to section 274 of the Atomic Energy Act of 1954, 42 USC 2021, as amended from time to time;
(2) Relating to the construction, operation, control, tracking, security or decommissioning of sources of ionizing radiation, including, but not limited to, any modification or alteration of such sources;
(3) Relating to the production, transportation, use, storage, possession, management, treatment, disposal or remediation of radioactive materials;
(4) Relating to planning for and responding to terrorist or other emergency events, or the potential for such events, that involve or may include radioactive materials;
(5) Necessary to carry out the provisions of sections 22a-151 to 22a-158, inclusive;
(6) Establishing fees for the licensure of sources of ionizing radiation, that, in conjunction with the fees collected pursuant to section 22a-148, shall be sufficient for the administration, implementation and enforcement of an ionizing radiation program; and
(7) To reciprocate in the recognition of specific licenses issued by the United States Nuclear Regulatory Commission (NRC) or another state that has reached agreement with the NRC pursuant to 42 USC 2021(b), as amended from time to time.
(d) The Governor, or the commissioner, is authorized to employ such consultants, experts and technicians as are necessary for the purpose of conducting investigations and reporting on matters connected with the implementation of the provisions of sections 22a-148 to 22a-158, inclusive.
(e) Any fees collected in accordance with section 22a-148 or 22a-150, or any regulations adopted pursuant to subsection (c) of this section, shall be deposited in the General Fund.
(f) The commissioner may establish radiation exposure guidelines for emergency responders and the public for the management of emergencies involving radioactive materials. Any such guidelines shall be compatible with the recommendations of the federal government and the National Council on Radiation Protection and Measurements.
(1967, P.A. 550, S. 3; 1971, P.A. 872, S. 417; P.A. 11-80, S. 1; June Sp. Sess. P.A. 21-2, S. 41.)
History: 1971 act replaced commissioner of health and public health council with commissioner of environmental protection; Sec. 19-25d transferred to Sec. 22a-153 in 1983; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011; June Sp. Sess. P.A. 21-2 amended Subsec. (c) by replacing provision re making such regulations as may be necessary with provisions re adoption of regulations concerning sources of ionizing radiation and radioactive materials, amended Subsec. (d) by adding references to commissioner and Secs. 22a-148 to 22a-158 and making technical changes, added Subsec. (e) re deposit in General Fund of fees collected and added Subsec. (f) re authority to establish radiation exposure guidelines for emergency responders and the public.
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Sec. 22a-154. (Formerly Sec. 19-25e). Licensing of sources of ionizing radiation. (a) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, for the general or specific licensing of sources of ionizing radiation. The commissioner may issue, deny, renew, modify, suspend or revoke such licenses and may include such terms and conditions in such licenses that the commissioner deems necessary. Nothing in this section shall be construed to confer authority to the commissioner to regulate materials or activities reserved to the Nuclear Regulatory Commission under 42 USC 2021(c) and 10 CFR 150.
(b) Said commissioner may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing requirements set forth in this section when he 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 occupational and public health and safety.
(c) Until such time as regulations governing licensing are promulgated in pursuance of an agreement between the government of the United States and this state as authorized by section 22a-152, registration shall be deemed to satisfy any licensing requirements arising under sections 22a-151 to 22a-158, inclusive.
(1967, P.A. 550, S. 4; 1971, P.A. 872, S. 418; P.A. 11-80, S. 1; June Sp. Sess. P.A. 21-2, S. 42.)
History: 1971 act replaced public health council and commissioner of health with commissioner of environmental protection; Sec. 19-25e transferred to Sec. 22a-154 in 1983; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011; June Sp. Sess. P.A. 21-2 made adoption of regulations mandatory rather than discretionary and made a technical change, deleted references to by-product, source and special nuclear materials and devices or equipment utilizing such materials, and replaced provision re amendment, suspension or revocation of licenses with provision re authority of commissioner to issue, deny, renew, modify, suspend or revoke licenses and to include terms and conditions.
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Sec. 22a-157. (Formerly Sec. 19-25h). Prohibited acts. No person shall construct, operate, use, manufacture, produce, transport, transfer, receive, acquire, decommission, own or possess any source of ionizing radiation, unless such activity is in compliance with all requirements of this chapter, including any regulation adopted, or registration or license issued pursuant to this chapter. No person shall produce, transport, store, possess, manage, treat, remediate, distribute, sell, install, repair or dispose of any radioactive materials, unless such activity is in compliance with all requirements of this chapter, including any regulation adopted, or registration or license issued pursuant to this chapter. No person shall fail to register a source of ionizing radiation required to be registered under this chapter, including as required by any regulation adopted, or registration or license issued pursuant to this chapter.
(1967, P.A. 550, S. 7; P.A. 13-205, S. 4; June Sp. Sess. P.A. 21-2, S. 43.)
History: Sec. 19-25h transferred to Sec. 22a-157 in 1983; P.A. 13-205 replaced reference to Sec. 22a-151 with reference to Sec. 22a-148; June Sp. Sess. P.A. 21-2 added references to constructing, operating and decommissioning, deleted references to being exempt, licensed or registered in accordance with Secs. 22a-148 to 22a-158, and added provisions re compliance requirements and prohibition on failing to register a source of ionizing radiation.
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Sec. 22a-157a. Hazards from radioactive materials. Commissioner authority to investigate, mitigate and contain. Liability of responsible party. Reimbursement of costs for abatement, containment, mitigation or removal of exposure hazard. Attorney General civil action for costs of contractual obligations. (a) The Commissioner of Energy and Environmental Protection may take steps that the commissioner deems necessary to protect human health and the environment, including, but not limited to, investigating, monitoring, abating, containing, mitigating or removing any hazard, potential hazard, pollution, contamination or potential pollution or contamination if: (1) Any person causes or is responsible for any exposure hazard or potential exposure hazard from radioactive materials, radioactive waste or a source of ionizing radiation, or causes or is responsible for pollution, contamination or potential pollution or contamination of any land, water, air or other natural resource of the state through a discharge, spillage, uncontrolled loss, release, leakage, seepage or filtration of radioactive material or radioactive waste, and does not act immediately to prevent, abate, contain, mitigate or remove such hazard, potential hazard, pollution, contamination, or potential pollution or contamination, to the satisfaction of the commissioner, or (2) the person responsible is unknown, and such hazard, potential hazard, pollution, contamination, or potential pollution or contamination, is not being prevented, abated, contained, mitigated or removed by the federal government, any state agency, any municipality or any regional or interstate authority. The commissioner may enter into a contract with any person for the purpose of carrying out the provisions of this subsection.
(b) Any person who causes or is responsible for any exposure hazard or potential exposure hazard from radioactive materials, radioactive waste or a source of ionizing radiation or who causes or is responsible for pollution, contamination, or potential pollution or contamination of any land, water, air or other natural resource of the state through a discharge, spillage, uncontrolled loss, release, leakage, seepage or filtration of radioactive material or radioactive waste shall be liable for all costs and expenses incurred by the commissioner in accordance with subsection (a) of this section, including all costs and expenses to restore the air, water, land and other natural resources of the state, and shall be liable for all attorneys' fees, court costs and any other legal expenses incurred by the state regarding the recovery of such costs. Nothing in this subsection shall preclude the commissioner from seeking additional compensation or such other relief that a court may award, including punitive damages. When such hazard, potential hazard, pollution, contamination or potential pollution or contamination results from the action or inaction of more than one person, each person shall be held jointly and severally liable for such costs. Upon request of the commissioner, the Attorney General shall bring a civil action to recover all such costs and expenses from the person who caused or is responsible for any such hazard, potential hazard, pollution, contamination or potential pollution or contamination.
(c) Any person who prevents, abates, contains, removes or mitigates any (1) exposure hazard or potential exposure hazard from radioactive materials, radioactive waste or a source of ionizing radiation that is not authorized by a provision of the general statutes, any regulation, registration or license, or (2) any pollution or contamination or potential pollution or contamination of any land, water, air or other natural resources of the state through a discharge, spillage, uncontrolled loss, release, leakage, seepage or filtration of radioactive material or radioactive waste that is not authorized by a provision of the general statutes, any regulation, registration or license, shall be entitled to reimbursement of the reasonable costs incurred or expended for such abatement, containment, removal or mitigation from any person whose negligent, reckless, knowing or intentional action or inaction caused such hazard, potential hazard, pollution, contamination or potential pollution or contamination. When such hazard, potential hazard, pollution, contamination or potential pollution or contamination results from the action or inaction of more than one person, each such person shall be held jointly and severally liable for such costs.
(d) Whenever the commissioner incurs contractual obligations in carrying out the authority vested in the commissioner pursuant to subsection (a) of this section and the person who causes or is responsible for the hazard, potential hazard, pollution, contamination or potential pollution or contamination does not assume the tasks and responsibilities that are the subject of such contractual obligations, the commissioner shall request the Attorney General to bring a civil action, pursuant to subsection (b) of this section, to recover the costs and expenses of such contractual obligations and other costs and expenses provided for in subsection (b) of this section. If the person responsible is unknown, the commissioner shall request the federal government to assume such contractual obligations to the extent provided for by federal law.
(June Sp. Sess. P.A. 21-2, S. 44.)
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