Section 7.18.010. Production of radioactive materials.

	(a)  To operate in this state a device, machine, or process that produces a radioactive material, directly or as a byproduct, a person must obtain the approval of the department under this section.  
	(b)  A person seeking an approval under this section must submit a written application that  
		(1) provides the applicant's  
			(A) name;  
			(B) physical address;  
			(C) mailing address, if different from the applicant's physical address;  
			(D) telephone number;  
			(E) facsimile number, if any; and  
			(F) electronic mail address, if any;  
		(2) gives the physical address of the site where the device, machine, or process is to be operated;  
		(3) describes the device, machine, or process to be operated;  
		(4) states the amount of radioactive materials that will be produced and the use to be made of those materials;  
		(5) gives the source of any radioactive materials that will be used in the device, machine, or process;  
		(6) includes copies of any permit required under federal, state, or municipal law;  
		(7) certifies that the applicant, and the applicant's agents and employees, have completed training that the department considers satisfactory for the applicant and the applicant's agents and employees to  
			(A) operate the device, machine, or process in a safe manner that does not endanger the health of an individual or the public; and  
			(B) produce, process, store, disperse, and dispose of radioactive materials in a safe manner that does not endanger the health of an individual or the public; and  
		(8) includes documentation and plans to demonstrate how production, processing, storage, and dispersal of radioactive materials will occur without exposing an individual or the public to radiation or radioactive materials in amounts that would endanger the health of the individual or the public.  
	(c)  If the department considers an application to be incomplete, the department will disapprove it.  
	(d)  Within 30 days after receiving a complete application under this section, the department will inspect the site proposed in the application for operation of the device, machine, or process that will produce radioactive material. The department will not give approval without first conducting an inspection under this subsection. Within 30 days after the date of the inspection, the department will issue a written decision to approve or disapprove the application. The department will approve an application under this section only if  
		(1) the applicant has any permits required under federal, state, or municipal law;  
		(2) operation of the device, machine, or process does not violate federal, state, or municipal law; and  
		(3) the application under (b) of this section demonstrates, to the department's satisfaction, that the production, processing, storage, and dispersal of radioactive materials will occur in a safe manner without exposing an individual or the public to radiation or radioactive materials in amounts that would endanger the health of that individual or the public.  
	(e) A decision by the department under this section is the department's final agency action. An applicant whose application is disapproved may seek reconsideration of the decision by filing a petition with the commissioner within 15 days after the date that the department delivers or mails its decision to the applicant. The petition must include a statement of the points on which the applicant disputes the department's decision, and any argument in support of those points. The time period in which the commissioner may order a reconsideration expires 30 days after delivery or mailing of the decision to the applicant. If the commissioner does not take action on the petition within the 30-day time period for ordering reconsideration, the petition is considered denied.  
	(f)  Repealed 7/1/2015.  
	(g)  This section does not apply to activities described in AS 18.60.525(a) - (d).  

Authorities

18.05.010;18.05.040;18.60.475;46.03.250

Notes

Authority

AS 18.05.010 AS 18.05.040 AS 18.60.475 Editor's note: The discharge and disposal of radioactive materials are regulated by the Department of Environmental Conservation under AS 46.03.250, 46.03.260, and 18 AAC 85, and by the United States Nuclear Regulatory Commission. The Department of Environmental Conservation may be contacted at P.O. Box 111800, Juneau, AK 99811-1800. The United States Nuclear Regulatory Commission, Region IV, mav be contacted at 1600 E. Lamar Boulevard, Suite 400, Arlington, Texas 76011-4511; telephone [phone]; Internet address: www.nrc.gov. ________________________

History

Eff. 11/22/2005, Register 176; am 3/30/2006, Register 177; am 7/1/2015, Register 214

References

18.85