Sec. 22a-151. (Formerly Sec. 19-25b). Ionizing radiation: Definitions.
Sec. 22a-154. (Formerly Sec. 19-25e). Licensing of sources of ionizing radiation.
Sec. 22a-158b. Action to enjoin act, practice or omission that constitutes violation.
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;
(13) “Sources of ionizing radiation” means, collectively, radioactive materials and radiation generating equipment.
(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; P.A. 23-153, S. 3.)
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); P.A. 23-153 added Subdiv. (13) to define “sources of ionizing radiation”, effective June 26, 2023.
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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 or devices or equipment utilizing such sources. 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.
(d) Any person that has a license prior to the effective date of an agreement pursuant to section 22a-152 from the federal government or agreement state relating to by-product material, source material or special nuclear material and which license will be subject to the control of this state upon the effective date of such agreement, shall be considered to have a like license with this state until the expiration date specified in such license from the federal government or agreement state or until the end of the ninetieth day after such person receives notice from the Department of Energy and Environmental Protection that such license will be deemed expired.
(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; P.A. 22-143, S. 14; P.A. 23-153, S. 4.)
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; P.A. 22-143 added Subsec. (d) re continuation of a license with the state for a period of 90 days for any person licensed by the federal government relating to by-product material, source material or special nuclear material, effective May 31, 2022; P.A. 23-153 amended Subsec. (a) to add reference to devices or equipment utilizing such sources, effective June 26, 2023.
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Sec. 22a-158b. Action to enjoin act, practice or omission that constitutes violation. (a) Whenever, in the judgment of the Commissioner of Energy and Environmental Protection, any person has engaged in or is about to engage in any act, practice or omission that constitutes, or will constitute, a violation of any provision of this chapter, or any regulation adopted or order issued pursuant to this chapter, the Attorney General may, at the request of the commissioner, bring an action in the superior court for the judicial district of New Britain for an order enjoining such act, practice or omission. Such order may require remedial measures and direct compliance. Upon a showing by the commissioner that such person has engaged in or is about to engage in any such act, practice or omission, the court may issue a permanent or temporary injunction, restraining order or other order, as appropriate.
(b) Any action brought by the Attorney General pursuant to this section shall have precedence in the order of trial as provided in section 52-191.
(c) (1) Whenever the commissioner finds after investigation that any person is causing, engaging in or maintaining, or is about to cause, engage in or maintain, any condition or activity that, in the commissioner's judgment, will result in or is likely to result in imminent threat to human health or the environment within the jurisdiction of the commissioner under the provisions of this chapter, or whenever the commissioner finds after investigation that there is a violation of the terms and conditions of a permit or license issued by the department that is, in the commissioner's judgment, substantial and continuous and it appears prejudicial to the interests of the people of the state to delay action until an opportunity for a hearing can be provided, or whenever the commissioner finds after investigation that any person is conducting, has conducted or is about to conduct an activity that will result in or is likely to result in imminent damage to the environment, or to public health within the jurisdiction of the commissioner under the provisions of this chapter for which a license, as defined in section 4-166, is required under the provisions of this chapter without obtaining such license, the commissioner may, without prior hearing, impound the source of ionizing radiation, or contract to impound such source.
(2) The commissioner shall, not later than ten days after the date of impounding material pursuant to subdivision (1) of this subsection, hold a hearing to provide any such person an opportunity to be heard and show that such violation does not exist or such violation has not occurred or a license was not required or all required licenses were obtained. All briefs or legal memoranda to be presented in connection with such hearing shall be filed not later than ten days after such hearing. Such order shall remain in effect until fifteen days after the hearing, during which time a new decision based on the hearing shall be made by the commissioner.
(3) Any person who is found by the commissioner to have violated any provision of this chapter, resulting in impoundment pursuant to this subsection, shall be liable for any costs of such impoundment, provided any provisions of this subsection concerning a continuing violation shall not apply to a person during the time when a hearing on an order issued pursuant to this subsection or an appeal is pending. The Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford to recover such costs.
(4) The commissioner shall have the authority to enter into a contract for the storage of impounded material, as necessary, to carry out the provisions of this subsection.
(P.A. 13-205, S. 6; P.A. 23-153, S. 5.)
History: P.A. 23-153 added Subsec. (c) re impounding of source of ionizing radiation, effective June 26, 2023.
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