State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_104E > GS_104E-9

§ 104E‑9.  Powers andfunctions of Department of Environment and Natural Resources.

(a)        The Department ofEnvironment and Natural Resources is authorized:

(1)        To advise, consultand cooperate with other public agencies and with affected groups and industries.

(2)        To encourage,participate in, or conduct studies, investigations, public hearings, training,research, and demonstrations relating to the control of sources of radiation,the measurement of radiation, the effect upon public health and safety of exposureto radiation and related problems.

(3)        To require thesubmission of plans, specifications, and reports for new construction andmaterial alterations on (i) the design and protective shielding ofinstallations for radioactive material and radiation machines and (ii) systemsfor the disposal of radioactive waste materials, for the determination of anyradiation hazard and may render opinions, approve or disapprove such plans andspecifications.

(4)        To collect anddisseminate information relating to the sources of radiation, including but notlimited to: (i) maintenance of a record of all license applications, issuances,denials, amendments, transfers, renewals, modifications, suspensions, andrevocations; and (ii) maintenance of a record of registrants and licenseespossessing sources of radiation requiring registration or licensure under theprovisions of this Chapter, and regulations hereunder, and any administrativeor judicial action pertaining thereto; and to develop and implement aresponsible data management program for the purpose of collecting and analyzingstatistical information necessary to protect the public health and safety. TheDepartment may refuse to make public dissemination of information relating tothe source of radiation within this State after the Department first determinesthat the disclosure of such information will contravene the stated policy andpurposes of this Chapter and such disclosure would be against the health,welfare and safety of the public.

(5)        To respond to anyemergency which involves possible or actual release of radioactive material;and to perform or supervise decontamination and otherwise protect the publichealth and safety in any manner deemed necessary. This section does not in anyway alter or change the provisions of Chapter 166 of the North Carolina GeneralStatutes concerning response during an emergency by the Department of Militaryand Veterans Affairs or its successor.

(6)        To develop andmaintain a statewide environmental radiation program for monitoring theradioactivity levels in air, water, soil, vegetation, animal life, milk, andfood as necessary to ensure protection of the public and the environment fromradiation hazards.

(7)        To implement theprovisions of this Chapter and the regulations duly promulgated under theChapter.

(8)        To establish fees inaccordance with G.S. 104E‑19.

(9)        To enter upon anylands and structures upon lands to make surveys, borings, soundings, andexaminations as may be necessary to determine the suitability of a site for a low‑levelradioactive waste facility or low‑level radioactive disposal facility.The Department shall give 30 days' notice of the intended entry authorized bythis section in the manner prescribed for service of process by G.S. 1A‑1,Rule 4. Entry under this section shall not be deemed a trespass or taking;provided, however, that the Department shall make reimbursement for any damageto such land or structures caused by such activities.

(10)      To encourage researchand development and disseminate information on state‑of‑the‑artmeans of handling and disposing of low‑level radioactive waste.

(11)      To promote publiceducation and public involvement in the decision‑making process for thesiting and permitting of proposed low‑level radioactive waste facilities.The Department shall assist localities in which facilities are proposed incollecting and receiving information relating to the suitability of theproposed site. At the request of a local government in which facilities areproposed, the Department shall direct the appropriate agencies of Stategovernment to develop such relevant data as that locality shall reasonablyrequest.

(b)        The Division ofEnvironmental Health of the Department shall develop a training program fortanning equipment operators that meets the training rules adopted by theCommission. If the training program is provided by the Department, theDepartment may charge each person trained a reasonable fee to recover theactual cost of the training program.  (1975, c. 718, s. 1; 1979, c. 694, s. 4; 1981, c.704, s. 10.1; 1987, c. 633, s. 7; 1987 (Reg. Sess., 1988), c. 993, s. 25; 1989,c. 727, s. 219(19); 1991, c. 735, s. 2; 1993, c. 501, s. 4; 1995, c. 509, s.49; 1997‑443, s. 11A.119(a); 2001‑474, s. 3; 2002‑70, s. 3;2009‑451, s. 13.3(b).)