CHAPTER 314

An Act to amend and reenact § 82-414.4 of the Code of Virginia, relating
to the powers and duties of the State Radiation Control Agency.

[H 921]
Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. f That § 32-414.4 of the Code of Virginia be amended and reenacted
as follows:

§ $2-414.4. (a) The State Department of Health is designated as
the State Radiation Control Agency.

(b) The State Health Commissioner, hereinafter referred to as Com-
missioner, or his duly authorized representatives, shall administer this
chapter and rules and regulations of the Board adopted hereunder.

(c) In accordance with State law the Agency may employ, compen-
sate, and prescribe the powers and duties of such individuals as may be
necessary to carry out this chapter.

(d) The Agency shall for the protection of the occupational and
public health and safety of all concerned.

(i) Develop programs for evaluation of hazards associated with use
of sources of ionizing radiation;

(ii) Develop programs with due regard for compatibility with fed-
eral programs for regulations of by-product, source, and special nuclear
materials;

(iii) Formulate and recommend to the Board proposed rules and
regulations relating to control of sources of ionizing radiation with due
regard for reasonable compatibility with the regulatory programs of the
federal government;

(iv) Issue such orders or modifications thereof as may be necessary
in connection with proceedings under § 32-414.7;

(v) Advise, consult, and co-operate with other agencies of the State,
the federal government, other states and interstate agencies, and with
persons concerned with control of sources of ionizing radiation ;

(vi) Have power to accept and administer loans, grants or other
funds or gifts, conditional or otherwise, in furtherance of its functions,
from the federal government and from other sources, public or private;

(vii) Encourage, participate in, or conduct studies, investigations,
training, research, and demonstrations relating to control of sources of
ionizing radiation; and

(viii) Collect and disseminate information relating to control of
sources of ionizing radiation, including:

a. Maintenance of a file of all license applications, issuances, denials,
amendments, transfers, renewals, modifications, suspensions and revoca-
tions under this chapter;

b. Maintenance of a file of registrants possessing sources of ionizing
radiation requiring registration under this chapter and any administrative
or judicial action pertaining thereto; and

c. Maintenance of a file of all rules and regulations relating to regu-
lation of sources of ionizing radiation, pending or promulgated and pro-
ceedings thereon, all in this State.

(e) The Agency shall have the power, subject to the approval of the
Governor:

(i) To acquire by purchase, exercise of the right of eminent domain,
grant, gift, devise or otherwise, the fee simple title to or any acceptable
lesser interest in any lands, selected in the discretion of the Agency as
constituting necessary, desirable or acceptable sites for projects of the
Agency, including any and all lands adjacent to a project site as in the
discretion of the Agency may be necessary or suitable for restricted areas;
but in all instances lands which are to be designated as radioactive waste
material sites shall be acquired in fee simple absolute and dedicated in
perpetuity to such purpose;

(ti) To convey or lease for such term as in the discretion of the
Agency may be in the public interest, any lands so acquired, either for a
fair and reasonable consideration or solely or partly as an inducement to
the establishment or location in the Commonwealth of any scientific or
technological facility, project, satellite project or nuclear storage area;
but subject to such restraints as may be deemed proper to bring about a
reversion of title or termination of any lease in the event the grantee or
lessee, as the case may be, shall cease to use the premises or facilities in
the conduct of business or activities consistent with the purposes of this
chapter; provided, however, radioactive waste material sites may be leased
but may not otherwise be disposed of except to another department,
agency or institution of the Commonwealth, or to the United States;

(11) Assume responsibility for perpetual custody and maintenance
of radioactive materials held for custodial purposes at any publicly or
privately operated facility located within the State, in the event the parties
operating such facilities abandon their responsibility and whenever the
Federal Government or any of its agencies has not assumed the respon-
sibility. In such event, the Agency may collect fees from private or public
parties holding radioactive materials for perpetual custodial purposes in
order to finance such perpetual custody and maintenance as the Agency may
undertake; provided, that the fees shall be sufficient in each individual case
to defray the estimated cost of the Agency’s custodial management activ-
ities for that individual case. All such fees, when received by the Agency,
shall be paid into the State treasury and credited to a special fund on the
books of the Comptroller. The fund shall be used exclusively for mainte-
nance costs, or for otherwise satisfying custodial and maintenance obliga-
tions and is hereby appropriated for such purpose.

(iv) Enter into an agreement with the Federal Government or any
of its authorized agencies to assume perpetual maintenance of lands
donated, leased, or purchased from the Federal Government or any of its
authorized agencies and used for development of atomic energy resources
or as custodial site for radioactive material.