§ 7110.301. Powers and duties of Department of Environmental Resources
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 7110.301
§ 7110.301. Powers and duties of Department of Environmental Resources
(a) Regulation in general.--The department is hereby designated as the agency of the Commonwealth for the purpose of registration, licensing, regulation and control of radiation, radiologic procedures, radiation sources and users of radiation sources but, notwithstanding anything in this act to the contrary, shall not have the power to license or regulate telecommunications equipment in duplication of any activity regulated by the Federal Government.
(5) Carry out a comprehensive program of monitoring levels of radioactivity in Pennsylvania's environment, including all appropriate tests for alpha, beta and gamma levels in all appropriate media. Sites to be monitored shall include, but not be limited to, nuclear power reactor sites, other nuclear fuel cycle or research facilities, other sites with a substantial potential for environmental radioactivity contamination and other locations in the Commonwealth recommended by other agencies of the Commonwealth.
(7) Develop, prepare and submit to the Senate Environmental Resources and Energy Committee and House Conservation Committee, within two years of the effective date of this act, a plan to provide the department with independent monitoring capabilities at all nuclear facilities in the Commonwealth in order to identify events requiring remedial action to protect the public from radiation exposure.
(8) Prepare a technical emergency radiation response plan for incorporation into the Pennsylvania Emergency Management Plan developed by the Pennsylvania Emergency Management Agency pursuant to Title 35 of the Pennsylvania Consolidated Statutes (relating to health and safety), and provide the capability for responding to emergencies at each nuclear power plant and at other important locations throughout the Commonwealth.
(9) Make available technical staff and equipment to determine levels of radiation in the environment and identify emergency measures to protect the public from exposure to such radiation in the event of an accident at a nuclear power plant, a transportation accident involving radioactive materials or any other condition or occurrence which necessitates radiation emergency assistance at any location in the Commonwealth.
(10) Advise the Governor, the General Assembly and the general public with regard to nuclear safety, nuclear emergencies, radioactive waste management, environmental monitoring results and other radiation control activities and consult and cooperate with the various departments, agencies and political subdivisions of the Commonwealth, the Federal Government, other states, interstate agencies, political subdivisions and with groups and individuals, including members of the public, concerned with radiation safety and participate in matters before the Nuclear Regulatory Commission or its successor and other appropriate agencies and courts of the United States.
(14) Establish special advisory committees as may be necessary to assist the department in drafting rules and regulations and to advise the department regarding implementation of specific portions of the regulations or specific programs of the department. Each committee shall include members of the general public. Members of these committees may be reimbursed by the department for reasonable and necessary expenses incurred in connection with their duties as approved by the secretary.
(16) Require the payment of and collect fees established under Chapter 4.1
(19) Assess civil penalties pursuant to section 308(e).2
(20) Prepare a report on environmental radiation levels, as determined by the monitoring program, on at least an annual basis. Copies of the report shall be submitted to the President pro tempore of the Senate and the Speaker of the House of Representatives of the General Assembly and shall be made available to the general public. The report shall also contain a description and analysis of any emergency responses or other actions taken by the department under this act and any other information about environmental radiation or radiation emergencies which the department deems to be of sufficient importance to call to the attention of the General Assembly and the citizens of the Commonwealth.
(d) Notification.--Whenever the department, in the course of its powers and duties as set forth in subsection (c), determines that levels of radiation exceed the normal range of radioactivity in a given area, the department shall immediately notify the Governor, the agency and the NRC and shall also report its findings to the public and it shall subsequently submit a detailed report on the occurrence to both the Governor and the NRC and shall make such report public.
Credits
1984, July 10, P.L. 688, No. 147, § 301, effective in 15 days.
35 P.S. § 7110.301, PA ST 35 P.S. § 7110.301
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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