§ 104E-1 – Title.

104E-1. Title. This Chapter shall be known and may be cited as the "North Carolina Radiation Protection Act." (1975, c. 718, s. 1.)

§ 104E-10 – Licensing of by-product, source, and special nuclear materials and other sources of ionizing radiation.

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 the responsibilities of the federal government with respect to sources of ionizing radiation and the assumption […]

§ 104E-10.1 – Additional requirements for low-level radioactive waste facilities.

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 or operated by the applicant (or any parent or subsidiary corporation if the applicant is a corporation) has been operated in accordance with […]

§ 104E-10.2 – Conveyance of property used for radioactive material disposal.

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 a description in an instrument of conveyance. The license to dispose of radioactive waste materials shall not be effective unless the owner […]

§ 104E-10.3 – Low-level radioactive waste facility access licenses.

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 send waste to a low-level radioactive waste facility unless licensed or otherwise authorized to do so by the Department. No low-level radioactive waste facility […]

§ 104E-11 – Inspections, agreements, and educational programs.

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 all reasonable times for the purpose of determining compliance with the provisions of this Chapter and rules, regulations and standards adopted hereunder. (b) After approval […]

§ 104E-12 – Records.

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 its receipt, storage, use, transfer, or disposal and maintain such other records as the Commission may require, subject to such exemptions as may be provided by the rules and […]

§ 104E-13 – Administrative procedures and judicial review.

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 requirements or qualifications which the Commission may prescribe in rules and regulations. The Department may suspend, revoke, or amend any license in the event that […]

§ 104E-14 – Impounding of materials.

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 of radiation 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 […]

§ 104E-15 – Transportation of radioactive materials.

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 Carolina, which, in the judgment of the Commission, shall promote the public health, safety, or welfare and protect the environment. (1) Such rules and regulations may […]

§ 104E-16 – Nonreverting Radiation Protection Fund.

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 the expenses of any project or activity for: (1) Emergency response to and decontamination of radiation accidents as provided in G.S. 104E-9(a)(5), or (2) Perpetual maintenance […]

§ 104E-17 – Payments to State and local agencies.

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. 104E-16(a)(2), each State and local agency that has participated by furnishing personnel, equipment or material shall deliver to the Department a record of the […]

§ 104E-18 – Security for emergency response and perpetual maintenance costs.

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 and filed with the Department such bond, insurance or other security as the Commission may by regulation require. Such bond, insurance or […]

§ 104E-19 – Fees.

104E-19. 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 under this Chapter. The Department must set the fees at amounts that provide revenue to offset its costs in performing its duties under this Chapter. (b) Repealed by Session […]

§ 104E-2 – Scope.

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 the State of North Carolina; provided, however, that nothing in this Chapter shall apply to any person to the extent such person is subject to regulation by the United […]

§ 104E-20 – Prohibited uses and facilities.

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 licensed, registered or exempted by the Department in accordance with the provisions of this Chapter and the rules and regulations adopted and promulgated hereunder. (b) Shallow […]

§ 104E-21 – Conflicting laws.

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 to by-product, source and special nuclear materials shall not be superseded by this Chapter. Provided, that such ordinances or regulations are and continue to be consistent and compatible […]

§ 104E-22 – Tort claims against persons rendering emergency assistance.

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 any authorized representative of the State of North Carolina or (ii) pursuant to a mutual radiological assistance agreement as provided for in G.S. […]

§ 104E-23 – Penalties; injunctive relief.

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 the Department in the discharge of his official duties in making inspections as provided in G.S. 104E-11, or in impounding materials as provided in G.S. 104E-14, shall […]

§ 104E-24 – Administrative penalties.

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 any rules adopted pursuant to this Chapter; (2) Who refuses to allow an authorized representative of the Radiation Protection Commission or the Department of Health and Human Services […]