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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 159-A. STATE NUCLEAR SAFETY PROGRAM (HEADING. PL 1987, c. 519, @1 (new))
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Title 22 - §661. Public policy
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 2: STATE AND LOCAL HEALTH AGENCIES
Chapter 159-A: STATE NUCLEAR SAFETY PROGRAM (HEADING: PL 1987, c. 519, @1 (new))
§661. Public policy
In the interests of the public health and welfare of the people of this State, it is the declared public policy of this State
that a facility licensed by the United States Nuclear Regulatory Commission and situated in the State must be accomplished
in a manner consistent with protection of the public health and safety and in compliance with the environmental protection
policies of this State. It is the purpose of this chapter, in conjunction with sections 671 to 690; Title 25, sections 51
and 52; and Title 35-A, sections 4331 to 4393, to exercise the jurisdiction of the State to the maximum extent permitted by
the United States Constitution and federal law. Nothing in this chapter may be construed as an attempt by the State to regulate
radiological health and safety reserved to the Federal Government by reason of the United States Atomic Energy Act of 1954,
as amended.
[2005, c. 254, Pt. B, §2 (amd).]
Section History:
PL 1987,
Ch. 519,
§1
(NEW).
PL 1991,
Ch. 824,
§A40
(AMD).
PL 1997,
Ch. 686,
§2
(AMD).
PL 1999,
Ch. 174,
§2
(AMD).
PL 2005,
Ch. 254,
§B2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §662. Definitions
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 2: STATE AND LOCAL HEALTH AGENCIES
Chapter 159-A: STATE NUCLEAR SAFETY PROGRAM (HEADING: PL 1987, c. 519, @1 (new))
§662. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1987, c. 519, § 1 (new).]
1. Facility. A "facility" means a production or utilization facility situated in this State that holds an operating permit or license
issued by the United States Nuclear Regulatory Commission. It also means a power reactor licensee situated in the State,
whether decommissioned or not, with a possession-only license issued by the United States Nuclear Regulatory Commission for
special nuclear material, by-product material and source material. It also includes spent fuel or high-level waste storage
facilities.
[1997, c. 686, §3 (amd).]
Section History:
PL 1987,
Ch. 519,
§1
(NEW).
PL 1997,
Ch. 686,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §663. State Nuclear Safety Inspector (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 2: STATE AND LOCAL HEALTH AGENCIES
Chapter 159-A: STATE NUCLEAR SAFETY PROGRAM (HEADING: PL 1987, c. 519, @1 (new))
§663. State Nuclear Safety Inspector (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE UNTIL 93006)
div>
There is established within the Department of Health and Human Services the State Nuclear Safety Inspector Office administered
by a State Nuclear Safety Inspector. The State Nuclear Safety Inspector shall be a classified employee, subject to the Civil
Service Law.
[1987, c. 519, §1 (new); 2003, c. 689, Pt. B, §6 (rev).]
1. Qualifications. The State Nuclear Safety Inspector shall be an individual knowledgeable in the field of nuclear power production and shall
possess, at a minimum:
A. A bachelor's degree in a relevant science and 5 years of related experience;
[1987, c. 882, §1 (new).]
B. A master's degree in a relevant science and 3 years of related experience; or
[1987, c. 882, §1 (new).]
C. Any equivalent combination of education and experience.
[1987, c. 882, §1 (new).]
[1987, c. 882, §1 (rpr).]
2. Duties. The State Nuclear Safety Inspector shall serve as an on-site nuclear safety inspector of a facility and of the on-site storage
and transportation of high-level or low-level nuclear waste.
[1997, c. 686, §4 (amd).]
3. Staff. The State Nuclear Safety Inspector shall employ such other personnel as may be necessary to carry out the purposes of this
chapter.
[1987, c. 519, §1 (new).]
22 §00663
State Nuclear Safety Inspector
(WHOLE SECTION TEXT REPEALED 93006 by PL 2005, c. 254, Pt. D, §1 (new); §2 (aff))
Section History:
PL 1987,
Ch. 519,
§1
(NEW).
PL 1987,
Ch. 882,
§1
(AMD).
PL 1997,
Ch. 686,
§4
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2005,
Ch. 254,
§D1
(RP ).
PL 2005,
Ch. 254,
§D2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §664. Responsibility of facility licensees
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 2: STATE AND LOCAL HEALTH AGENCIES
Chapter 159-A: STATE NUCLEAR SAFETY PROGRAM (HEADING: PL 1987, c. 519, @1 (new))
§664. Responsibility of facility licensees
The responsibility of facility licensees is as follows.
[1997, c. 686, §5 (amd).]
1. Records. Each facility licensee shall permit the inspection and copying, for the purposes of this chapter, of its books and records,
maintained in any form, except that books and records that are privileged as a matter of law, proprietary, security-related
or restricted by federal law, are not open to inspection. Subject to the approval of the United States Nuclear Regulatory
Commission and of the facility licensee, access to books and records that are proprietary, security-related or restricted
by federal law may be granted if an authorized representative of the State enters into a nondisclosure agreement. For purposes
of this section, proprietary information includes personnel records, manufacturers' proprietary information, licensee proprietary
information and trade secrets. For purposes of this subsection, "trade secrets" means any confidential formula, pattern,
process, device, information or compilation of information, including chemical name, that is used in any employer's business
that gives the employer an opportunity to obtain any advantage over competitors who do not know or use it.
[2005, c. 254, Pt. B, §3 (amd).]
2. Monitoring. Each facility licensee shall permit monitoring, for the purposes of this chapter, of the premises, equipment and materials,
including source, special nuclear and by-product materials, in its possession or use, or subject to its control and any vehicle
or means of transportation used to remove materials or equipment from the site, including, but not limited to, by rail, water,
roadway or air. Monitoring of vehicles or other means of transportation used to remove materials or equipment from the site
must be undertaken in a manner that is safe, that employs properly calibrated instruments and that does not result in unreasonable
delays in the removal of materials or equipment from the site.
For the purposes of this subsection, "monitoring" means any one or combination of the following:
A. Observing the conduct of operations, including maintenance, quality assurance activities, the preparation, transportation
and handling of radioactive waste, emissions monitoring, radiation protection and the observation of emergency preparedness
tests and drills;
[1999, c. 739, §1 (new).]
B. Taking analytical radiological measurements using properly calibrated instruments to confirm:
(1) The results of quality assurance activities undertaken by or on behalf of the facility licensee;
(2) That the preparation, transportation and handling of radioactive waste is undertaken in accordance with applicable standards;
(3) The results of emissions monitoring undertaken by or on behalf of the facility licensee; or
(4) That adequate radiation protection measures are in place; and
[2005, c. 254, Pt. B, §4 (amd).]
C. Taking radiological measurements for the purpose of verifying compliance with applicable state laws, including, but not
limited to, Title 38, section 1455, and confirming and verifying compliance with the standards of the United States Nuclear
Regulatory Commission for unrestricted license termination, provided that the taking of such measurements employs techniques,
protocols, instruments and quality assurance practices in accordance with generally accepted scientific or industry practices,
including, but not limited to, those described in the federal Multi-Agency Radiation Survey and Site Investigation Manual.
[1999, c. 739, §1 (new).]
The licensee shall, upon request, provide split samples to an authorized representative of the department. All analytical
measurements taken pursuant to this subsection must be shared with the licensee. The licensee may provide data to explain
any conflicts between measurements taken by the licensee and measurements taken pursuant to this subsection.
[2005, c. 254, Pt. B, §4 (amd).]
3. Access.
[2005, c. 254, Pt. B, §5 (rp).]
4. On-site facilities.
[2005, c. 254, Pt. B, §5 (rp).]
5. Fees.
[2005, c. 254, Pt. B, §5 (rp).]
Section History:
PL 1987,
Ch. 519,
§1
(NEW).
PL 1987,
Ch. 882,
§2
(AMD).
PL 1991,
Ch. 496,
§1
(AMD).
PL 1993,
Ch. 664,
§6
(AMD).
PL 1997,
Ch. 395,
§F1
(AMD).
PL 1997,
Ch. 686,
§5
(AMD).
PL 1999,
Ch. 57,
§B1
(AMD).
PL 1999,
Ch. 739,
§1
(AMD).
PL 2005,
Ch. 254,
§B3-5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §665. United States Nuclear Regulatory Commission activities (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 2: STATE AND LOCAL HEALTH AGENCIES
Chapter 159-A: STATE NUCLEAR SAFETY PROGRAM (HEADING: PL 1987, c. 519, @1 (new))
§665. United States Nuclear Regulatory Commission activities (REPEALED)
Section History:
PL 1987,
Ch. 519,
§1
(NEW).
PL 1997,
Ch. 686,
§6
(AMD).
PL 2005,
Ch. 254,
§B6
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §666. Responsibilities of the State Nuclear Safety Inspector (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 2: STATE AND LOCAL HEALTH AGENCIES
Chapter 159-A: STATE NUCLEAR SAFETY PROGRAM (HEADING: PL 1987, c. 519, @1 (new))
§666. Responsibilities of the State Nuclear Safety Inspector (REPEALED)
Section History:
PL 1987,
Ch. 519,
§1
(NEW).
PL 1991,
Ch. 151,
§1
(AMD).
PL 1997,
Ch. 686,
§7
(AMD).
PL 2003,
Ch. 689,
§B7
(REV).
PL 2005,
Ch. 254,
§B7
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §667. Liability (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 2: STATE AND LOCAL HEALTH AGENCIES
Chapter 159-A: STATE NUCLEAR SAFETY PROGRAM (HEADING: PL 1987, c. 519, @1 (new))
§667. Liability (REPEALED)
Section History:
PL 1987,
Ch. 519,
§1
(NEW).
PL 1997,
Ch. 686,
§8
(AMD).
PL 2005,
Ch. 254,
§B8
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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