Title 34 — PUBLIC HEALTH AND SAFETY

Whereas radiation and uranium resources can be instrumental in the improvement of health, welfare, and productivity of the public if properly utilized and developed, and may impair the health of the people and the industrial and agricultural potentials of the state if improperly …

The containment, disposal, or deposit of high level and nuclear fuel cycle wastes, defense wastes, nuclear wastes, radioactive substances, or radioactively contaminated materials or the processing of high level nuclear wastes may not be established, allowed or permitted within th…

The agency may accept and administer loans, grants, or gifts from the federal government and from other sources, public or private, for carrying out of any of its functions. Source: SL 1957, ch 122 , § 4; SDC Supp 1960, § 27.17A04 (3); SL 1967, ch 107 , § 2.

The agency shall collect and disseminate information relating to the determination and control of radiation exposure hazards. Source: SL 1957, ch 122 , § 4; SDC Supp 1960, § 27.17A04 (5); SL 1967, ch 107 , § 2.

The agency shall, in compliance with chapter 1-26 , and upon recommendation of the Board of Minerals and Environment, adopt, promulgate, and enforce any rules and regulations as may be necessary to implement or effectuate the powers and duties of the agency under this chapter. So…

The agency shall develop programs, with due regard for compatibility with federal programs, for regulation and inspection of by - product, source, and special nuclear materials and other sources of radiation. The agency may require persons responsible for facilities which may rel…

The agency may exercise all incidental powers necessary to carry out the purposes of this chapter. Source: SL 1957, ch 122 , § 4; SDC Supp 1960, § 27.17A04 (10); SL 1967, ch 107 , § 2.

The agency shall, in compliance with chapter 1-26 , prescribe rules or regulations necessary for the control of radiation. Source: SDC Supp 1960, § 27.17A04 (12) as added by SL 1967, ch 107 , § 2; SL 1972, ch 15 , § 4.

It is a Class 1 misdemeanor for any person to produce radiation, or to produce, use, store, or dispose of radioactive materials, except in accordance with the provisions of this chapter and rules and regulations promulgated thereunder. Source: SL 1957, ch 122 , § 5; SDC Supp 1960…

The agency, upon request, shall render opinions concerning plans and specifications on the design and shielding for radiation sources that may be submitted before or after construction, for the purpose of determining the possible radiation hazard. The agency shall request that th…

The Department of Health may require licensing of all sources of ionizing radiation. The annual license shall be accompanied by an annual license fee. The annual license fee shall be as follows: (1) One diagnostic X ray system, one hundred dollars; (2) Two to five diagnostic X ra…

The agency, upon recommendation of the Board of Minerals and Environment, shall, in compliance with chapter 1-26 , provide by rules or regulations for general or specific licensing of by - product, source, and special nuclear materials, or devices or equipment utilizing those mat…

Terms used in this chapter mean: (1) By - product material, 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; (2) General license, a li…

It is a Class 1 misdemeanor for any person to produce radiation, or to produce, transport, transfer, receive, acquire, possess, use, store, or dispose of radioactive materials, unless the person registers in writing with the secretary or obtains a license from the secretary in ac…

The agency may provide for recognition of other state or federal licenses as the agency may deem desirable. Any person who, on the effective date of an agreement under § 34-21-3 , possesses a radiation license issued by the federal government shall be deemed to possess the same p…

It is a Class 1 misdemeanor for any person registered or licensed with the agency pursuant to § 34-21-20 to modify, extend, or alter programs involving the production of radiation or the production, use, storage, or disposal of radioactive materials unless he notifies the secreta…

It is a Class 1 misdemeanor for any person to expose any other person to diagnostic or therapeutic radiation unless: (1) The person giving diagnostic or therapeutic radiation is licensed to practice the healing art or is a duly licensed dentist in the State of South Dakota; (2) T…

The agency shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and any other records as the agency may require subject to any exemptions provided by rules or regulati…

The agency shall require each person who acquires, 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 of the agency. Source: SDC Sup…

Copies of the records required to be kept by §§ 34-21-24 and 34-21-25 shall be submitted to the agency on request. Source: SDC Supp 1960, § 27.17A04 (20) as added by SL 1967, ch 107 , § 2.

Any person possessing or using a source of ionizing radiation shall furnish to each employee, for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, at any time such employee has received excessive exposure, and upon termination of…

The agency or its authorized representative may enter at reasonable times upon any private or public property for the purpose of inspecting, monitoring, and investigating conditions relative to the purposes of this chapter. Any authorized representative of the agency may examine …

Designated representatives of the agency shall inspect and examine any sources of radiation it desires, in order to evaluate compliance with the adopted radiation - protection and monitoring standards of the agency. If it is determined that environmental monitoring standards of t…

The Governor, on behalf of this state, is authorized to enter into agreements with the United States Nuclear Regulatory Commission providing for the discontinuance of certain regulatory authority of the Commission and the assumption thereof by this state, as provided for in 42 U.…

The agency may make inspections of radiation sources, shielding, and immediate surroundings for the determination of any possible radiation hazard; and shall provide the owner, user, or operator thereof with a report of any known or suspected deficiencies. Source: SL 1957, ch 122…

The agency may, subject to chapter 1-26 , issue, modify or revoke orders prohibiting or abating the discharge of radioactive material or waste into the ground, air, or waters of the state in accordance with the provisions of this chapter and rules and regulations adopted thereund…

The agency shall have authority, subject to chapter 1-26 , to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provision of this chapter or any rules or regulations issued hereunder. Sou…

The agency shall maintain a file of: (1) All license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, revocations, and any administrative or judicial action pertaining thereto; (2) Registrants possessing sources of ionizing radiation …

In any proceeding under this chapter for the granting, suspending, revoking, or amending any license, the agency shall be subject to chapter 1-26 . Source: SL 1967, ch 107 , § 5 (a); SL 1972, ch 15 , § 4.

When the agency, or any of its duly authorized agents, determines that there are reasonable grounds to believe a violation of the provisions of this chapter or of the rules and regulations of the agency has occurred, the director of the agency shall give notice and opportunity fo…

If a hearing is not requested within fifteen days after the receipt of the notice given pursuant to § 34-21-35 , the agency shall issue its order finding that the violation of the chapter or the rules and regulations of the agency has or has not occurred, and shall forthwith forw…

If a hearing is requested after notice given pursuant to § 34-21-35 , such hearing shall be held in compliance with chapter 1-26 within thirty days after the receipt of the request for hearing. Hearings may be conducted by the secretary or hearing officers appointed by the agency…

On the basis of the evidence produced at a hearing pursuant to § 34-21-37 , the secretary or hearing officer shall, in compliance with chapter 1-26 , make and promulgate findings, a decision and, if appropriate, an order. Source: SL 1967, ch 107 , § 5 (b); SL 1972, ch 15 , §§ 3, …

Whenever the secretary finds that an emergency exists requiring immediate action to protect the public health and safety, he may without notice issue an emergency order reciting that an emergency exists and requiring that such action be taken as is necessary to meet the emergency…

34-21-4.1 Transfer of enforcement of radiation safety control activities, measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of all healing arts to secretary of Department of Health. 34-21-5…

The authority and function of the Department of Water and Natural Resources and the Board of Minerals and Environment as it related to the enforcement of radiation safety control activities and measures pertaining to X ray producing devices and sources of ionizing radiation used …

Any person aggrieved by the issuance of any emergency order pursuant to § 34-21-39 shall be entitled to a hearing in the same manner as is provided in §§ 34-21-35 to 34-21-38 , inclusive. On the basis of such hearing the emergency order may be continued, revoked, or modified as t…

An appeal may be taken from any final order or final determination of the agency as provided by chapter 1-26 . Source: SL 1967, ch 107 , § 5 (d); SL 1972, ch 15 , § 4. 34-21-42, 34-21-43. Omitted.

Any person who violates any of the provisions of, or who fails to perform any duty imposed by this chapter, or who violates any order or rule of the secretary promulgated pursuant to this chapter, shall be guilty of a Class 1 misdemeanor, and in addition thereto may be enjoined i…

It shall be the duty of the attorney general on the request of the agency to bring any action for an injunction against any person violating the provisions of this chapter, or violating any rule or order of the agency. Source: SL 1957, ch 122 , § 9; SDC Supp 1960, § 27.9959.

This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary thereto, except to the extent that the same are in dir…

Any agency of the United States government shall notify the Governor before transporting any radioactive waste through the state. Source: SL 1980, ch 243 , § 1.

The notice required in § 34-21-47 shall be delivered, in writing, at least seventy - two hours before the transporting occurs. Source: SL 1980, ch 243 , § 2.

Unless the terms of §§ 34-21-47 and 34-21-48 are complied with no radioactive waste may be transported through the state. Source: SL 1980, ch 243 , § 3.

In accordance with the laws of the state, the agency may employ, compensate, and prescribe the powers and duties of such persons as may be necessary to carry out the provisions of this chapter. The secretary may delegate to officers and employees of the agency such functions, dut…

If any application is filed with any local, state, or federal agency for a permit for any facility or operation for the transportation, storage, treatment, or disposal of radioactive waste or hazardous waste within fifty miles of the borders of the State of South Dakota, which ma…

The investigation required in § 34-21-50 shall ascertain whether the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has, during the previous ten years: (1) Been convicted of or pled guilty to any violation of federal or state…

If the investigation required in §§ 34-21-50 and 34-21-51 finds that the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has been convicted of a felony as provided in § 34-21-50 , or has violated any permit, as provided in § 3…

The agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter, and may make personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in further…

The agency shall develop comprehensive policies and programs for the evaluation and determination of hazards associated with the use of radiation, the development of uranium resources, and the natural occurrences of radiation and for their mitigation. Source: SL 1957, ch 122 , § …