Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 7401. Declaration of policy.
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§ 7401. Declaration of policy. It is the policy of this State in furtherance of its responsibilities to protect the public health and safety to: (1) Institute and maintain a regulatory program for sources of ionizing radiation so as to provide for: a. Compatibility with the stand…
16 Del. C. § 7402. Purpose.
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§ 7402. Purpose. It is the purpose of this chapter to effectuate the policies set forth in § 7401 of this title by providing a program to: (1) Effectively regulate sources of ionizing radiation for the protection of occupational and public health and safety; (2) Promote an orderl…
16 Del. C. § 7403. Definitions.
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§ 7403. Definitions. As used in this chapter: (1) “Authority” means the Authority on Radiation Protection created by § 7404 of this title. (2) “Ionizing radiation” means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear pa…
16 Del. C. § 7404. Authority on Radiation Protection.
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§ 7404. Authority on Radiation Protection. (a) There is created an Authority on Radiation Protection which shall be governed in accordance with Authority bylaws, established to ensure integrity, accountability, and transparency regarding decisions of the Authority which impact th…
16 Del. C. § 7405. Rules and regulations; adoption; notice; hearing.
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§ 7405. Rules and regulations; adoption; notice; hearing. (a) The Authority shall adopt rules and regulations as may be necessary for the control of sources of ionizing radiation. Prior to adoption of any rule or regulation, the Authority shall publish or otherwise circulate noti…
16 Del. C. § 7406. Licensing and registration of sources and users of ionizing radiation.
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§ 7406. Licensing and registration of sources and users of ionizing radiation. (a) The Authority shall promulgate rules and regulations for regulation of radiation sources and devices or equipment utilizing such sources and for the registration or exemption of such sources, devic…
16 Del. C. § 7407. Inspection.
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§ 7407. Inspection. The Authority or its 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 compliance with or violations of this chapter and rules and re…
16 Del. C. § 7408. Records.
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§ 7408. Records. (a) The Authority or its duly authorized representatives 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 Authority may require …
16 Del. C. § 7409. Federal-state agreements.
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§ 7409. Federal-state agreements. (a) The Governor, upon the recommendation of the Authority, may enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to sources of ionizing radiation a…
16 Del. C. § 7410. Inspection agreements and training programs.
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§ 7410. Inspection agreements and training programs. (a) Subject to the approval of the Governor, the Authority may enter into agreements with the federal government, other states or interstate agencies for inspections or other functions relating to control of sources of ionizing…
16 Del. C. § 7411. Conflicting laws.
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§ 7411. Conflicting laws. Ordinances, resolutions or regulations of a governing body or of any other governmental unit relating to radioactive materials shall not be superseded by this chapter if they are consistent with this chapter and rules and regulations hereunder.16 Del. C.…
16 Del. C. § 7412. Administrative procedure and judicial review; emergency rules.
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§ 7412. Administrative procedure and judicial review; emergency rules. (a) In any proceeding under this chapter: (1) For the issuance or modification of rules and regulations relating to control of sources of ionizing radiation; or (2) For granting, suspending, revoking or amendi…
16 Del. C. § 7413. Injunctions.
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§ 7413. Injunctions. Whenever, in the judgment of the Authority, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter or any rule, regulation or order issued thereunder, the Autho…
16 Del. C. § 7414. Prohibited uses.
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§ 7414. Prohibited uses. It is unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any source of ionizing radiation unless licensed by, the Nuclear Regulatory Commission and registered with or specifically exempted by the Au…
16 Del. C. § 7415. Impounding of materials.
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§ 7415. Impounding of materials. The Authority may, in the event of an emergency, order the impounding of sources of ionizing radiation, with the approval of the Nuclear Regulatory Commission when deemed necessary, in the possession of any person who is not equipped to observe or…
16 Del. C. § 7416. Penalties; jurisdiction of Superior Court.
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§ 7416. Penalties; jurisdiction of Superior Court. Whoever violates any of this chapter or rules, regulations or orders of the Authority shall be assessed an administrative penalty in an amount not to exceed $500 for a first offense, an amount not to exceed $750 for any subsequen…
16 Del. C. § 7417. Storage of radioactive material.
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§ 7417. Storage of radioactive material. (a) No facility for the permanent deposit, storage, reprocessing or disposal of spent nuclear fuel elements, or for the permanent deposit, storage, reprocessing or disposal of high- or low-level radioactive waste material, shall be constru…
16 Del. C. § 7418. Radioactive material originating in another state.
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§ 7418. Radioactive material originating in another state. The Authority on Radiation Protection shall not permit the deposit in Delaware, for any period of time, of any radioactive waste material set forth in § 7417(a) of this title originating in any other state.61 Del. Laws, c…