BILL NUMBER: SB 13 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Romero
(Principal coauthor: Senator Kuehl)
DECEMBER 2, 2002
An act to amend Sections 114710, 114990, and 115060 of, to add
Section 25203.5 to, and to add Chapter 10 (commencing with Section
115300) to Part 9 of Division 104 of, the Health and Safety Code, and
to add Section 43022.5 to the Public Resources Code, relating to
radiation.
LEGISLATIVE COUNSEL'S DIGEST
SB 13, as introduced, Romero. Radiation Safety Act of 2003.
(1) The existing hazardous waste control law prohibits any person
from managing any hazardous waste, except as provided in that law, or
in the regulations adopted by the Department of Toxic Substances
Control. A violation of the hazardous waste control laws is a crime.
This bill would prohibit the disposal of radioactive waste, as
defined, at a hazardous waste disposal facility that is subject to
the state hazardous waste control laws. The bill would authorize the
department, in consultation with the California Integrated Waste
Management Board and the State Department of Health Services, to
adopt regulations and permit conditions relating to safety and
monitoring procedures, and restrictions and limitations on maximum
concentrations for, the disposal of TENORM, as defined.
Since the violation of these requirements would be a crime, the
bill would impose a state-mandated local program by creating a new
crime.
(2) Existing law prohibits any person from burying, throwing away,
or disposing of radioactive waste except in a manner that will
result in no significant radioactive contamination of the
environment.
The existing Radiation Control Law requires the State Department
of Health Services, among other things, to issue licenses, and
prohibits the state department from issuing a license to receive
radioactive material for disposal unless specified requirements are
satisfied, including that the land on which the radioactive waste is
to be buried is owned by the federal or state government.
Under existing law, the Southwestern Low-Level Radioactive Waste
Disposal Compact specifies that California is to serve as the state
required to host the regional low-level radioactive waste disposal
facility for the permanent isolation of low-level radioactive waste
pursuant to specified federal requirements and the requirements of
the host state. A violation of the provisions regulating radioactive
waste is a crime.
This bill would exempt the disposal of solid or hazardous waste
that contains TENORM at a solid or hazardous waste disposal facility
from the licensing requirements imposed under the Radiation Control
Law.
The bill would enact the Radiation Safety Act of 2003 and would
require any license issued pursuant to the Radiation Control Law by
the state department pursuant to that law to also comply with the
restrictions of the Radiation Safety Act of 2003. The bill would
prohibit the state department from adopting any exemption from the
requirements of the Radiation Safety Act of 2003.
The bill would prohibit any generator or owner of radioactive
waste from disposing of radioactive waste, or any materials
containing byproduct, source, or special nuclear material, or
transmitting to any person or entity for disposal, that material or
waste, except at a specified licensed facility. The bill would
prohibit any person from transferring for recycling radioactive
material, as specified. The bill would also prohibit any person from
transferring a radioactive material or an item containing
contamination from a radioactive material, for reuse by a person who
is not licensed, or transferring or delivering any radioactive
material to a person not possessing a license or permit specifically
authorized to possess radioactive material.
The bill would exclude from the act specified materials and
activities, including the reuse or recycling of a radioactive item by
an unlicensed federal entity, to the extent the item remains on the
property, and under the control, of the federal entity. The bill
would also exclude from the act the handling and disposal of wastes
containing TENORM if those wastes meet specified criteria.
(3) The existing California Integrated Waste Management Act of
1989 requires the California Integrated Waste Management Board to
adopt and review regulations setting forth standards for solid waste
handling. The term "solid waste" is defined, for the purpose of the
act, as excluding radioactive waste regulated pursuant to the
Radiation Control Law and the board has no enforcement or regulatory
authority with regard to a facility that accepts low-level
radioactive waste.
This bill would prohibit any person from disposing of radioactive
waste, as defined, and would prohibit a TENORM generator from
submitting TENORM generated by petroleum and natural gas production
and refining, geothermal production, or mining to a class III
management unit, a class II waste management unit that receives
specified amounts of decomposable solid waste, or an unclassified
unit that receives inert waste.
The bill would authorize the board, in consultation with the
Department of Toxic Substances Control, the State Water Resources
Control Board, and the State Department of Health Services to adopt
regulations relating to testing and screening criteria, safety and
monitoring requirements, emergency response, and notification
procedures and on the disposal of TENORM at those waste management
units. The bill would permit any TENORM waste that is not a
hazardous waste to be disposed of at a class II waste management unit
that is dedicated primarily to the management of industrial or
designated wastes. The bill would also authorize the enforcement
agency, in consultation with those state agencies, to impose
conditions when renewing a solid waste facility permit to restrict
the disposal of solid waste material containing TENORM and
radioactive waste.
(4) The bill would declare that the provisions of the bill are
severable and that if any provision of the bill or its application is
held invalid, that invalidity would not affect other provisions or
applications that can be given effect without the invalid provision
or application.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25203.5 is added to the Health and Safety Code,
to read:
25203.5. (a) Notwithstanding any other provision of law, no
person may dispose of radioactive waste, as defined in subdivision
(f) of Section 115301, at a hazardous waste disposal facility that is
subject to this chapter.
(b) (1) The department, in consultation with the California
Integrated Waste Management Board and the State Department of Health
Services, may adopt regulations and establish permit conditions to
implement this section. The regulations and permit conditions adopted
pursuant to this section may include, but are not limited to, any of
the following:
(A) Testing and screening criteria for radioactivity, worker and
site safety and monitoring requirements, emergency response,
radioactive waste handling and response procedures, and notification
procedures.
(B) Restrictions or limits, including, but not limited to, maximum
concentrations permitted for disposal of TENORM, as defined in
subdivision (h) of Section 115301.
(2) If the department adopts regulations pursuant to this
subdivision that prescribe maximum radioactive concentrations or
establish limits on amounts or types of TENORM for disposal in a
hazardous waste facility, any TENORM above those concentrations or
limits shall be disposed of at a facility that possesses a license
issued by one of the following to dispose of that particular type and
amount of waste:
(A) The State Department of Health Services pursuant to Chapter 8
(commencing with Section 114960).
(B) The Nuclear Regulatory Commission.
(C) A state that has entered into an agreement pursuant to Section
2021 of Title 42 of the United States Code.
(3) Any permit conditions established by the department pursuant
to this subdivision shall take effect at all affected facilities on
the same date.
(c) The provisions of this section may not be construed as
limiting the authority of the department to prohibit or otherwise
regulate the disposal of wastes containing TENORM at hazardous waste
facilities as it determines necessary to protect public health,
safety, and the environment.
SEC. 2. Section 114710 of the Health and Safety Code is amended to
read:
114710. As used in For the purposes of
this article the following terms have the following
meanings described in this section. :
(a) "Department" means the State Department of Health Services.
(b) "Environment" means all places outside the control of the
person responsible for the radioactive materials.
(c) "Field tracer study" is any project, experiment, or study that
includes provision for deliberate introduction of radioactive
material into the environment for experimental or test purposes.
(d) "Person" includes any association of persons, copartnership or
corporation.
(e) "Radiation," or "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 ultraviolet light.
(f) "Radioactive material" means any material or combination of
materials that spontaneously emits ionizing radiation.
(g) "Radioactive waste" means any radioactive material that is
discarded as nonusable.
(h) "Significant" or "significantly," as applied to radioactive
contamination, means concentrations or amounts of radioactive
material as are likely to expose persons to ionizing radiation
or radioactivity equal to or greater than the guide levels
published by the Federal Radiation Council , or its successor
entity .
(i) "Radiological monitoring" means the measurement of the amounts
and kinds of radioactive materials in the environment.
SEC. 3. Section 114990 of the Health and Safety Code is amended to
read:
114990. (a) The department is designated as the agency
responsible for the issuance of licenses pursuant to this
chapter . In carrying out its duties under this section, the
department may enter into an agreement with the Division of
Occupational Safety and Health and other state and local agencies to
conduct technical evaluations of license applications prior to
issuance of licenses. The agreements shall also include provisions
for conducting inspections in accordance with Section 115095.
(b) Any license issued by the department pursuant to this chapter
shall also comply with the restrictions of Chapter 10 (commencing
with Section 115300).
SEC. 4. Section 115060 of the Health and Safety Code is amended to
read:
115060. (a) The department shall provide by rule or regulation
for general or specific licensing of persons to receive, possess, or
transfer radioactive materials, or devices or equipment utilizing
these materials. That rule or regulation shall provide for
amendment, suspension, or revocation of licenses.
(b) The department may require registration and inspection of
sources of ionizing radiation other than those that require a
specific license, and compliance with specific safety standards to be
adopted by the department.
(c) (1) The department may exempt certain sources of
ionizing radiation or kinds of uses or users from the licensing or
registration requirements set forth in this section when the
department makes a finding that the exemption of these sources of
ionizing radiation or kinds of uses or users will not constitute a
significant risk to the health and safety of the public.
(2) Any exemption made pursuant to this subdivision shall be
adopted as a regulation pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(3) The department may not adopt or grant any exemptions from the
requirements of Section 115302.
(d) Regulations adopted pursuant to this chapter may provide for
recognition of other state or federal licenses as the department may
deem desirable, subject to registration requirements as the
department may prescribe.
(e) The department shall adopt registration and certification
regulations for mammography equipment. These regulations shall
include, but not be limited to, all of the following requirements:
(1) An X-ray machine used for mammography shall be specifically
designed for mammography and inspected by the department, or deemed
satisfactory by the department based upon evidence of certification
by the American College of Radiology mammography accreditation
program, or an accreditation program that the department deems
equivalent before it is certified.
(2) That all persons who have a certificate for mammography
equipment follow a quality assurance program to be adopted by the
department to ensure the protection of the public health and safety.
(3) That quality assurance tests, as determined by the department,
are performed on all mammography equipment located in a mobile van
or unit after each relocation of the mobile van or unit to a
different location for the purpose of providing mammography. This
equipment shall be recalibrated if images are not of diagnostic
quality as determined by the department. A written record of the
location of mobile vans or units with dates and times shall be
maintained and available for inspection by the department.
(4) On or after July 15, 1993, all All
mammography equipment shall be registered with and certified by
the department. If this mammography equipment is certified by a
private accreditation organization, the department shall take into
consideration evidence of this private certification when deciding to
issue a mammogram mammography
certification.
(5) All licenses, permits, and certificates issued by the
department pursuant to this chapter and the Radiologic Technology Act
(Section 27) (Chapter 6 (commencing with
Section 114840)) relating to the use of mammography equipment
shall be publicly posted pursuant to this section and regulations
adopted by the department.
(f) To further ensure the quality of mammograms, the department
shall require all mammogram facilities, other than mobile units or
vans, to operate quickly and efficiently so as to ensure that the
facilities are able to develop mammograms of diagnostic quality prior
to when the patient leaves the facility.
(g) The disposal of solid or hazardous wastes that contain TENORM,
as defined in subdivision (h) of Section 115301, at a solid waste
disposal facility or hazardous waste disposal facility is exempt from
the licensing requirements imposed by this section.
SEC. 5. Chapter 10 (commencing with Section 115300) is added to
Part 9 of Division 104 of the Health and Safety Code, to read:
CHAPTER 10. RADIATION SAFETY ACT OF 2003
115300. This chapter shall be known and may be cited as the
Radiation Safety Act of 2003.
115301. For purposes of this chapter, unless otherwise specified,
the following definitions shall only apply to this chapter:
(a) "Background" means the local level of radioactivity from
nature of like materials without enhancement by human activity, plus
the local levels of fallout from nuclear weapons testing and the
local deposition of fallout from past nuclear accidents located
elsewhere in the world, including, but not limited to, the nuclear
accident in Chernobyl. "Background" shall be determined as a range
of values using statistical tests and sampling protocols consistent
with those specified in MARSSIM.
(b) "Best available technology" means any technique, equipment,
technology, or methodology that the department finds to be most
effective at detecting radiation or radioactivity, taking into
consideration economic feasibility and commercial availability. If
the department determines that a person's existing equipment is
equivalent to the best available technology, the equipment shall be
deemed the "best available technology" for purposes of this
definition without requiring the purchase of new equipment.
(c) "Generator" means any person, by site, whose act or process
produces radioactive material or radioactive waste subject to this
chapter or whose act causes a radioactive material or radioactive
waste to become subject to this chapter.
(d) "MARSSIM" means the Multi-Agency Radiation Survey and Site
Investigation Manual developed by the United States Department of
Defense, Department of Energy, Nuclear Regulatory Commission, and
Environmental Protection Agency, published as NUREG-1575, EPA
402-R-97-016, and DOE/EH-0624, and any current or future revisions.
(e) "Naturally occurring radioactive material" means material
containing radionuclides that are naturally present in the
environment in materials, including, but not limited to, rocks, soil,
minerals, natural gas, petroleum, and ground or surface water at
concentrations that occur naturally. Naturally occurring radioactive
material does not include material containing only radionuclides
that are artificially created or any of the types of radioactive
material described in subdivision (g).
(f) "Radioactive waste" means any discarded radioactive material
with radioactivity above the background level when measured with the
best available technology.
(g) (1) "Radioactive material" includes, but is not limited to,
all of the following, when in concentrations in excess of the
background levels as measured with best available technology:
(A) Byproduct material, defined as either of the following:
(i) Any radioactive material, excluding special nuclear material,
that is yielded in, or made radioactive by, exposure to a radiation
incident to the process of producing or utilizing special nuclear
material.
(ii) Tailings or waste produced by the extraction or concentration
of uranium or thorium from any ore processed primarily for its
source material content, including, but not limited to, discrete
surface wastes resulting from solution extraction processes.
Underground ore bodies depleted by those solution extraction
operations are not byproduct material for the purposes of this
chapter.
(B) Source and special nuclear material, as defined in
subdivisions (e) and (f) of Section 114985.
(C) FUSRAP material, defined as any material containing
radioactivity from the Formerly Utilized Sites Remedial Action
Program, irrespective of the time and location of the generation of
that material, that does not otherwise meet the conditions of
subparagraph (A) or (B).
(D) Any other material determined by the department by regulation
to be radioactive material for the purposes of this section. The
department may not determine TENORM to be radioactive material for
the purposes of this section.
(2) "Radioactive material" as defined in this subdivision does not
include either of the following:
(A) TENORM.
(B) Any material listed in subdivisions (a) to (e), inclusive, of
Section 115303.
(h) "TENORM" means technologically enhanced naturally occurring
radioactive material that past or present human activities,
including, but not limited to, petroleum and natural gas production
and refining, geothermal production, and mining operations unrelated
to activities primarily intended to extract or use uranium or
thorium, have incidentally concentrated or exposed to the accessible
environment in concentrations in excess of the naturally occurring
local surface background. TENORM does not include the radioactive
materials described in paragraph (1) of subdivision (g).
115302. (a) Except as provided in Section 115303, and
notwithstanding any other provision of law, no generator or owner of
radioactive waste may dispose of, or transmit to any person or entity
for disposal, radioactive waste in this state, except to a facility
possessing a specific license or permit issued pursuant to Chapter 8
(commencing with Section 114960), or by the Nuclear Regulatory
Commission, to dispose of that particular type and amount of
radioactive waste.
(b) Except as provided in Section 115303, and notwithstanding any
other provision of law, no person may do any of the following:
(1) Transfer for recycling radioactive material, or material
containing radioactive contamination in the state, in a manner that
causes the radioactivity to be transferred or delivered to a person
who is not licensed pursuant to Chapter 8 (commencing with Section
114960) or by the Nuclear Regulatory Commission.
(2) Transfer radioactive material or an item containing
contamination from a radioactive material, to a person for reuse who
is not licensed pursuant to Chapter 8 (commencing with Section
114960) or by the Nuclear Regulatory Commission.
(3) Transfer or deliver radioactive material to a person not
possessing a license or permit specifically authorizing possession of
that radioactive material pursuant to Chapter 8 (commencing with
Section 114960) or by the Nuclear Regulatory Commission.
115303. This chapter does not apply to any of the following
materials or activities:
(a) Short-lived radioactive materials of the type that are
commonly used in medicine, biotechnology, and academia, that are at
the end of their storage-to-decay period, and that are managed by an
approved storage-to-decay program, including an onsite facility or a
centralized facility.
(b) Liquid and gaseous radioactive effluents and releases to
sanitary sewers, of the types, amounts, and concentrations specified
in the regulations adopted by the Nuclear Regulatory Commission or
the department.
(c) Scintillation liquids from research and animal tissues
containing the amounts of tritium and carbon-14 specified in Section
20.2005 of Title 10 of the Code of Federal Regulations, as that
section read on January 1, 2004.
(d) The technetium-99 associated with molybdenum-99 radioisotope
generators of the type used in medicine.
(e) Radioactive materials intentionally inserted into products for
their radioactive purpose and that are specifically exempted by the
Nuclear Regulatory Commission from Part 30 (commencing with Section
30.1) and Part 40 (commencing with Section 40.1) of Title 10 of the
Code of Federal Regulations, as those regulations read on the date of
enactment of the Energy Policy Act of 1992 (P.L. 102-486).
(f) The reuse or recycling of a radioactively contaminated item by
a person licensed to possess that item, pursuant to Chapter 8
(commencing with Section 114960) or by the Nuclear Regulatory
Commission, to the extent that the item remains on the licensed site
and is subject to regulatory control of its onsite use.
(g) The reuse or recycling of a radioactive item by an unlicensed
federal entity, to the extent the item remains on the property of the
federal entity and under its control.
(h) The handling and disposal of wastes containing TENORM that
meet both of the following criteria:
(1) Do not also contain radioactive waste.
(2) Are below any limit established by the Department of Toxic
Substances Control pursuant to subdivision (b) of Section 25203.5.
SEC. 6. Section 43022.5 is added to the Public Resources Code, to
read:
43022.5. (a) Notwithstanding any other provision of law, no
person may dispose of radioactive waste at a solid waste facility.
(b) (1) A TENORM generator may not submit TENORM generated by
petroleum and natural gas production and refining, geothermal
production, or mining for disposal at any of the following:
(A) A class III waste management unit.
(B) Any class II waste management unit that receives sufficient
quantities of decomposable solid waste so that a landfill gas
collection and control system is installed, is required to be
installed, or will be required to be installed, prior to closure of
the unit.
(C) An unclassified unit that is authorized to receive inert
waste.
(2) The board, in consultation with the Department of Toxic
Substances Control, the State Water Resources Control Board, and the
State Department of Health Services, may adopt regulations
restricting, prohibiting, or otherwise relating to the disposal of
additional types of wastes containing TENORM at waste management
units identified in paragraph (1).
(c) (1) Any TENORM waste that is not a hazardous waste may be
disposed of at a class II waste management unit that is dedicated
primarily to the management of industrial or designated wastes, as
defined in Section 13173 of the Water Code, if that class II waste
management unit does not receive sufficient quantities of
decomposable solid waste so that a landfill gas collection and
control system is installed, is required to be installed, or will be
required to be installed, prior to closure of the unit.
(2) The board, in consultation with the Department of Toxic
Substances Control, the State Water Resources Control Board, and the
State Department of Health Services, may adopt regulations
establishing requirements to implement this section. These
regulations may include, but are not limited to, testing and
screening criteria for radioactivity, worker and site safety and
monitoring requirements, emergency response, radioactive waste
handling and response procedures, and notification procedures. The
regulations may also establish restrictions, conditions, or limits on
concentrations, types, or amounts, of TENORM that may be disposed of
at any solid waste management unit.
(3) If the board adopts regulations that prescribe maximum
concentrations or establish limits on types or amounts of TENORM
pursuant to paragraph (2), any TENORM waste above those maximum
concentrations or limits may be disposed of only in a permitted
hazardous waste facility in accordance with Section 25203.5 of the
Health and Safety Code or at a facility that possesses a license
issued by one of the following to dispose of that particular type and
amount of waste:
(A) The State Department of Health Services pursuant to Chapter 8
(commencing with Section 114960) of the Health and Safety Code.
(B) The Nuclear Regulatory Commission.
(C) A state that has entered into an agreement pursuant to Section
2021 of Title 42 of the United States Code.
(d) The enforcement agency, in consultation with the state board,
the appropriate California regional water quality control board, and
the State Department of Health Services, may impose conditions when
renewing an individual solid waste facilities permit to restrict the
disposal of solid waste material containing TENORM and radioactive
waste, as defined in Section 115301 of the Health and Safety Code.
Any permit conditions imposed pursuant to this subdivision shall be,
at minimum, as restrictive as the provisions of this section and
regulations adopted by the state board.
(e) The provisions of this section may not be construed as
limiting the authority of the state board or a California regional
water quality control board to prohibit or otherwise regulate the
disposal of solid waste material containing TENORM at solid waste
facilities.
(f) (1) An owner or operator of a solid waste facility may not
knowingly accept or dispose of radioactive waste in a manner other
than in accordance with this section and Part 9 (commencing with
Section 114650) of Division 104 of the Health and Safety Code.
(2) An owner and operator of a solid waste facility may not be
deemed to have knowingly accepted nor disposed of radioactive waste
for the purposes of this subdivision if, at a minimum, the owner and
operator meets both of the following criteria:
(A) The owner or operator has not received any notice that the
waste contains radioactive material.
(B) On or before January 1, 2004, the owner or operator implements
all of the following mechanisms:
(i) Posts signs at the facility that provide notice to customers
that the facility is prohibited from accepting radioactive waste.
(ii) Provides an annual written notification to the customers of
the facility that the facility is prohibited from accepting
radioactive waste for disposal, or provides that notification on an
alternative frequency determined by the board or enforcement agency.
(iii) Evaluates or monitors incoming wastes to detect the presence
of radioactive waste at the facility consistent with any regulations
adopted pursuant to this section.
(g) For the purposes of this section, the following terms have the
following meanings:
(1) "Class II waste management unit" has the same meaning as
defined in Section 20250 of Title 27 of the California Code of
Regulations and is a solid waste management unit that has been so
classified by a California regional water quality control board.
(2) "Class III waste management unit" has the same meaning as
defined in Section 20260 of Title 27 of the California Code of
Regulations and is a solid waste management unit that has been so
classified by a California regional water quality control board.
(3) "Radioactive waste" has the same meaning as defined in
subdivision (f) of Section 115301 of the Health and Safety Code.
(4) "TENORM" has the same meaning as defined in subdivision (h) of
Section 115301 of the Health and Safety Code.
(5) "Unclassified waste management unit" means a waste management
unit that receives solid waste but has not been classified as a class
I, class II, or class III waste management unit by a California
regional water quality control board.
(6) "TENORM generator" means any person, by site, whose act or
process produces TENORM or whose act first causes a material to
become TENORM.
SEC. 7. The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.