CHAPTER 158

An Act to protect the public health insofar as protection from ionizing
radiation is concerned; and to vest in the State Board of Health and
the State Health Commissioner powers to regulate the receipt, stor-
age and use of materials and substances emitting such radiation nat-
urally or otherwise; to regulate the use of devices utilizing such mate-
rials or substances: to create a Radiation Advisory Board and to pro-
vide for the powers and duties thereof, and the appointment, terms
and compensation of the members; to authorize entry upon private
property for certain purposes; to authorize the promulgation of rules
and regulations; to require the keeping of certain records; and to
provide for issuances of licenses; to provide for agreements ‘with the
federal government and its agencies and with other states; to author-
ize injunctions; to prohibit certain acts and provide penalties for
violations; to provide for judicial review; and to repeal §§ $2-411
through 82-414 of the Code of Virginia, relating to certain of the
same matters.

[H 406]

Approved March 3, 1964

Be it enacted by the General Assembly of Virginia:
1, § 1. It is the policy of the State of Virginia to protect the public
health and safety from ionizing radiation by instituting and maintaining

(1) a regulatory program for sources of ionizing radiation so as to
provide for (a) reasons.-le compatibility with the standards and regula-
tory programs of the federal government, (b) a single, effective system
of regulation within the State in such field, and (c) a system of regula-
tion in such field reasonably consistent with those of other states; and

(2) a program to permit development and utilization of sources of
ionizing radiation for peaceful purposes consistent with the health and
safety of the public.
§ 2. It is the purpose of this act to effectuate the policies set forth

in § 1 by providing for: . .
1) a program of effective regulation of sources of ionizing radiation

for the protection of the occupational and public health and safety of all

concerned ; a

(2) a program to promote an orderly regulatory pattern within the
State, among the states and between the federal government and the State
and to facilitate intergovernmental cooperation with respect to use and
regulation of sources of ionizing radiation to the end that duplication of
regulation may be minimized;

(3) a program to establish procedures for assumption and perform-
ance of certain regulatory powers and duties with respect to byproduct,
source and special nuclear materials; and oo.

(4) a program to permit maximum utilization of sources of ionizing
radiation consistent with the health and safety of the public.

§ 3. As used in this act unless the context requires a different
meaning: ;

(a) “Agency” means the State Radiation Control Agency established
pursuant to § 4 hereof.

(b) “Board’’ means the State Board of Health.

(c) “By-product material’ means any radioactive material (except
special nuclear material) yielded in or made radioactive by exposure to
the radiation incident to the process of producing or utilizing special
nuclear material.

(d) “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.

(e) “General license’? means a license effective pursuant to regula-
tions promulgated by the State Board of Health without the filing of an
application to transfer. acquire, own, possess or use quantities of, or
devices or eauipment utilizing byproduct, source. special nuclear materials,
or other radioactive material occurring naturally or produced artificially.

(f) “Specific license” means a license, issued after application, to
use, manufacture, produce, transfer, receive, acquire, own, or possess
quantities of, or devices or equipment utilizing byproduct, source, special
nuclear materials. or other radioactive material occurring naturally or
produced artificially.

(gz) “Person” means any individual, corporation, partnership, firm,
association. trust, estate, public or private institution. group, agency,
political subdivision of this State, any other State or political subdivision
or agency thereof, and legal successor, representative. agent, or agency of
the foregoing, other than the United States Atomic Energy Commission,
or any successor thereto, and other than federal government agencies
licensed by the United States Atomic Energy Commission, or any succes-
sor thereto.

(h) “Source material” means (i) uranium, thorium, or any other
material which the Governor, after so finding, declares by order to be
source material after the United States Atomic Energy Commission, or
any successor thereto, has determined the material to be such; or (ii)
ores containing one or more of the foregoing materials, in such concen-
trations as the Governor, after so finding. declares by order to be source
material after the United States Atomic Energy Commission, or any suc-
cessor thereto, has determined the material in such concentration to be
source material.

(i) “Special nuclear material” means (i) plutonium, uranium 233,
uranium enriched in the isotope 233 or in the isotope 235, and any other
material which the Governor, after so finding, declares by order to be
special nuclear material after the United States Atomic Energy Commis-
sion, or any successor thereto, has determined the material to be such, but
does not include source material; or (ii) any material artificially enriched
by any of the foregoing, but not including source material.

(j) “Radioactive material’? means any material that emits ionizing
radiation spontaneously.

(k) “Registration” means the reporting of possession of a source of
ionizing radiation and the furnishing of information with respect thereto,
te the Agency in accordance with rules and regulations promulgated by

e Board.

§ 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 act
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
necessary to carry out this act.

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 federal
programs for regulation of byproduct, source, and special nuclear mate-
rials;

(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 § 7 hereof;

(v) Advise, consult, and cooperate 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 act;

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

ec. 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.

§ 5. (a) There is hereby established a Radiation Advisory Board
consisting of ten appointive members and the seven ex officio members spe-
cified below. The Governor shall appoint to the Advisory Board individuals
from industry, labor and agriculture as well as individuals with scientific
training in one or more of the following fields: radiology, medicine, radia-
tion or health physics, or related sciences, with specialization in ionizing
radiation; provided, that not more than two individuals shall be specialists
in any one of the above named fields. Members of the Advisory Board
shall serve at the pleasure of the Governor. Those members other than
State employees or officials shall, when on business of the Advisory Board
be entitled to receive compensation at the rate of fifteen dollars per diem,
and shall be reimbursed for actual expenses incurred. The Commissioner
shall be an ex officio member and Chairman of the Advisory Board, and
the Director of the Division of Industrial Development and Planning or
his designee, the Commissioner of Labor and Industry, the Commissioner
of Agriculture, the Chairman of the State Water Control Board or his
designee, the Governor’s representative on the Southern Interstate Nuclear
Board, and the Director of the Virginia Institute of Marine Science shall
be ex officio members of the Advisory Board.

(b) The Advisory Board shall:

(i) Review and evaluate policies and programs of the State relating
to ionizing radiation; and

(ii) Make recommendations to the Commissioner and the Board, and
furnish such technical advice as may be required, on matters relating to
development, utilization and regulation of sources of ionizing radiation.

§ 6. (a) The Board, subject to Chapter 1.1 of Title 9 of the Code
of Virginia, shall adopt, promulgate, amend, and repeal rules and regula-
tions relating to control of sources of ionizing radiation with due regard
to reasonable compatibility with the regulatory programs of the federal
government in such field.

§ 7. (a) The Board, subject to Chapter 1.1 of Title 9 of the Code
of Virginia, shall provide by rule and regulation for general or specific
licensing of byproduct, source, special nuclear materials, other radioactive
material occurring naturally or produced artificially, or devices or equip-
ment utilizing such materials, and for amendment, suspension or revoca-
tion of licenses.

(b) The Board, subject to Chapter 1.1 of Title 9 of the Code of
Virginia, shall provide by rule or regulation for registration of other
sources of ionizing radiation.

(c) The Board, subject to Chapter 1.1 of Title 9 of the Code of
Virginia, is authorized by rule or regulation to exempt certain sources of
ionizing radiation or kinds of uses or users from the licensing or regis-
tration requirements set forth in this section when the Board finds that
the exemption of such sources of ionizing radiation or kinds of uses or
ne will not constitute a significant risk to the health and safety of the
public.

(d) Rules and regulations promulgated pursuant to this act may pro-
vide for recognition of other State or federal licenses as the Board may
deem desirable, subject to such registration requirements as the Board
may prescribe.

(e) The provisions of this act shall not apply to nuclear reactors
where these are subject to exclusive licensing and regulation by the United
States Atomic Energy Commission.

§ 8. The Commissioner or his duly authorized representatives shall
have the power to enter at all reasonable times upon any private or public
property for the purpose of determining whether or not there is compli-
ance with or violation of the provisions of this act and rules and regula-
tions issued thereunder, but entry into areas under the jurisdiction of the
federal government shall be effected only with the concurrence of the
federal government or its duly designated representative. Entry upon pri-
vate property shall be subject to due process of law.

§ 9. (a) The Board, subject to Chapter 1.1 of Title 9 of the Code of
Virginia, by rule or regulation shall require each person who possesses or
uses a source of ionizing radiation to maintain records relating to its
receipt, storage, transfer or disposal and such other records as the Board
may require subject to such exemptions as may be provided by rules or
regulations.

(b) The Board shall require each person who possesses or uses a
source of ionizing radiation to maintain appropriate records showing the
radiation exposure of all individuals for whom personnel monitoring is
required by rules and regulations promulgated under this act. Copies of
these records and those required to be kept by subsection (a) of this sec-
tion shall be submitted to the Agency on request. The Board shall adopt
rules and regulations reasonably compatible with those of the United States
Atomic Energy Commission, or its successor, pertaining to reports of ex-
posure of personnel. Such regulations shall require that reports of exces-
sive exposure be made to the individual exposed and to the Agency, and
shall make provision for periodic and terminal reports to individuals for
whom personnel monitoring is required.

(c) Any report of investigation or inspection, or any information
concerning trade secrets or secret industrial processes obtained under this
act shall not be disclosed or opened to public inspection except in a hearing
under Chapter 1.1 of Title 9 or in a judicial proceeding and only then to the
extent necessary to serve justice.

§ 10. This act shall not be construed to limit the kind or amount of
radiation that may be intentionally applied to a person for diagnostic or
therapeutic purposes by or under the direction of a licensed practitioner of
the healing arts; nor except as to registration, the qualifications of such a
practitioner to use radiation produced by an X-ray machine or device, not
subject to federal regulation heretofore, in his practice.

§ 11. (a) The Governor, on behalf of this State, is authorized to
enter into agreements with the federal government providing for dis-
continuance of certain of the federal government’s responsibilities with
respect to sources of ionizing radiation and the assumption thereof by this

e.

(b) Any person who, on the effective date of an agreement under sub-
section (a) above, possesses a license issued by the federal government
shall be deemed to possess the same pursuant to a license issued under this
act, which shall expire either ninety days after receipt from the Agency
of a notice of expiration of such license, or on the date of expiration speci-
fied in the federal license, whichever is earlier.

§ 12. (a) The Agency, with the prior approval of the Governor is
authorized to enter into an agreement or agreements with the federal gov-
ernment, other states or interstate agencies, whereby this State will per-
form on a cooperative basis with the federal government, other states or
interstate agencies, inspections or other functions relating to control of
sources of ionizing radiation.

(b) The Agency, from funds provided by law, may institute training
programs for the purpose of qualifying personnel to carry out the pro-
visions of this act, and, with the prior approval of the Governor for a pro-
gram may, make such personnel available for participation in any pro-
gram or programs of the federal government, other states or interstate
agencies in furtherance of this act.

§ 18. Ordinances, resolutions or regulations now or hereafter in ef-
fect, of the governing body of a municipality or county or board of health
relating to byproduct, source and special nuclear materials shall not be
superseded by this act. Provided, that such ordinances or regulations are
and continue to be consistent with the provisions of this act, amendments
thereto and rules and regulations thereunder; to the extent of inconsistency,
the latter shall prevail.

§ 14. (a) In any matter under this act

(1) for the issuance or modification of rules and regulations relating
to control of sources of ionizing radiation, or granting exceptions from
such regulations; or

(2) for granting, suspending, revoking, or amending any license; or

(8) for determining compliance with rules and regulations of ‘the
Board
the procedure shall be in accordance with Chapter 1.1 of Title 9 of the
Code of Virginia.

(b) Whenever the Agency finds that an emergency exists requiring
immediate action to protect the public health and safety, the Agency may,
without notice or hearing, issue an order reciting the existence of such

emergency and requiring that such action be taken as is necessary to meet
the emergency. Notwithstanding any provision of this act such order shall
be effective immediately. Thereafter, the procedure shall be in accordance
with Chapter 1.1 of Title 9 of the Code of Virginia.

§ 1 Whenever, in the judgment of the Agency any person has en-
gaged in or is about to engage in any acts or practices which constitute or
will constitute a violation of any provision of this act, or any rule, regula-
tion or order issued thereunder, and at the request of the Agency, the At-
torney General may make application to the appropriate court for an
order enjoining such acts or practices, or for an order directing com-
pliance, and upon a showing by the Agency that such person has engaged
or is about to engage in any such acts or practices, a permanent or tempo-
rary injunction, restraining order, or other order may be granted.

§ 16. It shall be unlawful for any person to use, manufacture, pro-
duce, transport, transfer, receive, acquire, own or possess any source of
ionizing radiation unless licensed by or registered with the Agency in
accordance with this act.

§ The Agency shall have power, in the event of an emergency
constituting a hazard to the health of employees or the public or others, to
impound or order the impounding of sources of ionizing radiation, in the
possession of any person who is not equipped to observe or fails to observe
the provisions of this act or any rules or regulations issued thereunder.

§ 18. Any person who violates any of the provisions of this act or
rules, regulations or orders in effect and adopted pursuant thereto shall
upon conviction thereof, be punished by a fine not to exceed five hundred
dollars, or by imprisonment not to exceed twelve months, or by both such
fine and imprisonment.

§ 19. This act and actions hereunder shall be subject to Chapter 1.1
of Title 9 of the Code of Virginia.

2. If any section, subsection, part, or portion or application of this act
is for any reason held to be unconstitutional, such holding shall not affect
the validity of any remaining portion or other application of this act.

8. §§ 32-411 through 32-414 of the Code of Virginia are repealed. All
records thereunder are transferred to the Agency.

4. Anemergency exists and this act is in force from its passage, provided
that the provisions of this act relating to control of byproduct, source and
special nuclear materials shall become effective on the effective date of the
agreement between the federal government and this State as provided in
§ 11 hereof.