justicedao/ipfs_state_laws huggingface dataset:
333-109-0002 Registration Requirements No person may receive, possess, use, transfer, own, or acquire a particle accelerator unless they apply for, and are granted, a registration issued pursuant to division 333-101. Statutory/Other Authority: ORS 453.605 – 453.807 Statutes/Other Implemented: ORS 453.605 – 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06
333-109-0003 General Requirements for the Issuance of a Registration for Particle Accelerators In addition to the requirements of division 101 of these rules, a registration application for use of a particle accelerator will be approved only if the Authority determines that: (1) The applicant is qualified by reason of training and experience to use the accelerator in question for the purpose requested in accordance with this division and divisions 120 and 111 of these rules in such a manner as to minimize danger to public health and safety or property; (2) The applicant's equipment, facilities, operating and emergency procedures are adequate to protect health and minimize danger to public health and safety or property; (3) The issuance of the registration will not be harmful to the health and safety of the public; (4) The applicant has appointed a qualified radiation safety officer; (5) The applicant and/or the applicant's staff has substantial experience in the use of particle accelerators and training sufficient for application to its intended uses; (6) The applicant has established a radiation safety committee to approve, in advance, proposals for uses of particle accelerators, whenever deemed necessary by the Authority; (7) The applicant has an adequate training program for operators of particle accelerators; (8) A shielding design, by a qualified expert licensed to do shielding design in Oregon, must be submitted with the registration application; (9) For all new accelerators, a record indicating that a radiation safety survey has been conducted prior to the use of the accelerator, must be sent to the Authority as soon as practical after the registration application is submitted; and (10) Copies of the facility's operating and emergency procedures must be submitted with the registration application. Statutory/Other Authority: ORS 453.605 – 453.807 Statutes/Other Implemented: ORS 453.605 – 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1995, f. & cert. ef. 4-26-95 HD 1-1991, f. & cert. ef. 1-8-91
333-109-0005 Equipment (1) A label bearing essentially the words CAUTION — RADIATION — THIS MACHINE PRODUCES RADIATION WHEN ENERGIZED must be placed near any switch which energizes any portion of the machine. All labels must be the conventional colors (magenta or purple on yellow background) and bear the conventional radiation symbol. (2) Any apparatus used in beam alignment procedures must be designed in such a way that excessive radiation will not strike the operator. (3) Any switch or device which may cause the radiation machine to produce radiation when actuated must be located on a control panel or console, and must cause a warning light immediately adjacent to such switch or device to light; this light must remain lit when, and only when, the associated control circuit is energized. (4) A lock must be provided on the control panel or console that prevents unauthorized operation of the accelerator. Statutory/Other Authority: ORS 453.605 – 453.807 Statutes/Other Implemented: ORS 453.605 – 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-109-0010 Administrative Responsibilities (1) A person at each facility must be designated to be responsible for maintaining radiation safety. This person, designated the radiation safety officer, must be responsible for the following: (a) Establishing and maintaining operational procedures so that the radiation exposure of each worker is kept as far below the maximum permissible dose as is practical; (b) Instructing all personnel who work with or near radiation producing machines, in safety practices; (c) Maintaining a system of personnel monitoring; (d) Arranging for establishment of radiation control areas, including placement of appropriate radiation warning signs and/or devices; (e) Providing for radiation safety inspection of radiation producing machines, including operation of all safety devices on a routine basis; (f) Reviewing modifications to apparatus, shielding and safety interlocks; (g) Investigating and reporting to proper authorities any case of excessive exposure to personnel and taking remedial action; (h) Being familiar with all applicable rules for the control of ionizing radiation; and (i) Terminating operations at the facility because of radiation safety considerations. (2) No individual must be permitted to act as an operator of an accelerator until such person has: (a) Received an acceptable amount of training in radiation safety as approved by the radiation safety officer; (b) Has received copies of and instruction in this division, the applicable requirements of divisions 120 and 111 of these rules and: (A) Pertinent registration conditions; and (B) Operating and emergency procedures; and (C) Must have demonstrated understanding of documents and information required in this rule; (c) Demonstrated competence to in the use of the accelerator, related equipment and radiation survey instruments which will be employed; and (d) Been approved by the radiation safety officer. Each operator must be responsible for: (A) Keeping radiation exposure to all individuals as low as is practical; (B) Being familiar with safety procedures as they apply to each machine; (C) Wearing of personnel monitoring devices, if applicable; and (D) Notifying the radiation safety officer of known or suspected excessive radiation exposures to any individual. (3) The radiation safety committee or the radiation safety officer must have the authority to terminate the operations at a particle accelerator facility if such action is deemed necessary to minimize danger to public health and safety or property. Statutory/Other Authority: ORS 453.605 – 453.807 Statutes/Other Implemented: ORS 453.605 – 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-109-0015 Operating Procedures (1) Particle accelerators, when not in operation must be secured to prevent unauthorized use. (2) Written operating procedures pertaining to radiation safety must be established for each accelerator facility by the radiation safety officer. (3) Written emergency procedures pertaining to radiation safety must be established by the radiation safety officer. These must list the telephone number(s) of the radiation safety officer and must include the following actions to be taken in case of a known, or suspected, accident involving radiation exposures: (a) Notifying the radiation safety officer; and (b) Arranging for medical examination. (4) Personnel must not expose any part of their body to the radiation beam. (5) Accelerator must not be left unattended while energized unless access to radiation areas or high radiation areas is physically prevented. (6) All safety and warning devices, including interlocks, must be checked for proper operation at intervals not to exceed three months. Results of such tests must be maintained at the accelerator facility for inspection by the Authority. (7) Records of personnel monitoring results and safety device tests must be maintained for inspection by the Authority. (8) An appropriate radiation monitor must be used within an accelerator target room and other high radiation areas. This may be: (a) An area monitor with an easily observable indicator that warns of radiation levels above a predetermined limit in accessible areas; and/or (b) A personal radiation monitor of the "chirpie" type carried into the room; and/or (c) A portable survey instrument carried into the room. (9) Personal radiation dosimeters that measure the expected radiations and are of sufficient range to be useful under normal and accident conditions shall be worn by all persons designated by the radiation safety officer. (10) Records of all radiation protection surveys, inspections and maintenance performed on the accelerator and related components must be kept current and on file at each accelerator facility, and maintained for inspection by the Authority. (11) The safety interlock system must not be used to turn off the accelerator beam except in an emergency. (12) Electrical circuit diagrams of the accelerator and the associated safety interlock systems must be kept current and maintained for inspection by the Authority and must be available to the operator at each accelerator facility. (13) If, for any reason, it is necessary to intentionally bypass a safety interlock or interlocks, such action must be: (a) Authorized by the radiation safety committee or radiation safety officer; (b) Recorded in a permanent log and a notice posted at the accelerator control console; and (c) Terminated as soon as possible. (14) A copy of the current operating and the emergency procedures must be maintained at the accelerator control panel. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-109-0025 Shielding and Safety Design Requirements (1) A qualified expert, acceptable to the Authority, must be consulted in the design of a particle accelerator installation and called upon to perform a radiation survey when the accelerator is first capable of producing radiation. (2) Each particle accelerator installation must be provided with such primary and/or secondary barriers as are necessary to assure compliance with OAR 333-120-0100 and 333-109-0030. Statutory/Other Authority: ORS 453.605 – 453.807 Statutes/Other Implemented: ORS 453.605 – 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1995, f. & cert. ef. 4-26-95 HD 1-1991, f. & cert. ef. 1-8-91
333-109-0030 Particle Accelerator Controls and Interlock Systems (1) Instrumentation, readouts and controls on the particle accelerator control console must be clearly identified and easily discernible. (2) Each entrance into a target room or other high radiation area must be provided with a safety interlock that shuts down the machine under conditions of barrier penetration. (3) Each safety interlock must be on a circuit which must allow it to operate independently of all other safety interlocks. (4) All safety interlocks must be designed so that any defect or component failure in the safety interlock system prevents operation of the accelerator. (5) When a safety interlock system has been tripped, it must only be possible to resume operation of the accelerator by manually resetting controls at the position where the safety interlock has been tripped and, lastly, at the main control console. (6) A scram button or other emergency power cutoff switch must be located and easily identifiable in all high radiation areas. Such a cutoff switch must include a manual reset so that the accelerator cannot be restarted from the accelerator control console without resetting the cutoff switch. (7) All safety interlocks must not be dependent upon the operation of a single circuit; i.e., they must be of redundant or fail-safe design. Statutory/Other Authority: ORS 453.605 – 453.807 Statutes/Other Implemented: ORS 453.605 – 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1991, f. & cert. ef. 1-8-91
333-109-0035 Warning Devices (1) Each location designated as a high radiation area, and each entrance to such location, must be equipped with easily observable warning lights that operate when, and only when, radiation is being produced. (2) Except in facilities designed for human exposure, each high radiation area must have an audible warning device which must be activated for 15 seconds prior to the possible creation of such high radiation area. Such warning device must be clearly discernible in all high radiation areas. (3) Barriers, temporary or otherwise and pathways leading to high radiation areas must be posted in accordance with OAR 333-120-0400. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1995, f. & cert. ef. 4-26-95 HD 1-1991, f. & cert. ef. 1-8-91
333-109-0040 Radiation Monitoring Requirements (1) There must be available at each particle accelerator facility appropriate portable monitoring equipment which is operable and has been appropriately calibrated for the radiations being produced at the facility. Such equipment must be tested for proper operation daily and calibrated at intervals not to exceed one year and after each servicing and repair. (2) A radiation protection survey must be performed and documented by a qualified expert, acceptable to the Authority, when changes have been made in shielding, operation, equipment or occupancy of adjacent areas. (3) Radiation levels in all high radiation areas must be continuously monitored. The monitoring devices must be electrically independent of the accelerator control and safety interlock systems and capable of providing a readout at the control panel. (4) All area monitors must be calibrated at intervals not to exceed one year and after each servicing and repair. (5) Whenever applicable, periodic surveys must be made to determine the amount of airborne particulate radioactivity present. (6) Whenever applicable, periodic smear surveys must be made to determine the degree of contamination. (7) All surveys must be made in accordance with the written procedures established by a qualified expert, acceptable to the Authority or the radiation safety officer. (8) Records of all radiation protection surveys, calibrations and instrumentation tests must be maintained at the accelerator facility for inspection by the Authority. Statutory/Other Authority: ORS 453.605 – 453.807 Statutes/Other Implemented: ORS 453.605 – 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1991, f. & cert. ef. 1-8-91
333-109-0045 Ventilation Systems (1) Ventilation systems must be provided to ensure that personnel entering any area where airborne radioactivity may be produced will not be exposed to airborne radioactive materials in excess of those limits specified in 10 CFR Part 20 Table 1 of Appendix B to 20.1001 to 20.2401. (2) A registrant, as required by OAR 333-120-0190, must not vent, release or otherwise discharge airborne radioactive material to an unrestricted area which exceed the limits specified in 10 CFR Part 20 Table 2 Appendix B to 20.1001 to 20.2401, except as authorized pursuant to OAR 333-104-0035. For purposes of this rule concentrations may be averaged over a period not greater than one year. Every effort should be made to maintain releases of radioactive material to unrestricted areas as far below these limits as is reasonably achievable. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 453.605 – 453.807 Statutes/Other Implemented: ORS 453.605 – 453.807 History: PH 12-2006, f. & cert. ef. 6-16-06 HD 1-1995, f. & cert. ef. 4-26-95 HD 1-1991, f. & cert. ef. 1-8-91
333-110-0001 Scope The rules in this division establish requirements for radioactive tailings and ponds containing radioactive material from industrial processes. The provisions of this division are in addition to, and not in substitution for, other applicable provisions of these rules and any specific license issued pursuant to OAR 333-102-0300. The rules in this division do not apply to activities regulated by the Uranium Mill Tailings Radiation Control Act of 1978. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-110-0005 Definitions As used in this division, these terms have the definitions as set forth below: (1) “Radioactive” means: (a) Concentrations of radioactive material in excess of those concentrations listed in 10 CFR Part 30.70, Schedule A; or (b) Concentrations of naturally occurring radioactive material or other radioactive material not listed in 10 CFR Part 30.70, Schedule A, which the Authority has determined to present a biological hazard to the occupational or public health and safety. (2) “Tailings” means any material produced, other than the primary product, in any industrial activity including mining, milling, processing and production. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-110-0010 Specific Requirements for Tailings and Ponds Unless specifically provided otherwise by the Authority, the following requirements for tailings and pond areas shall be fulfilled: (1) Access to such areas shall be controlled and posted as specified by the Authority. (2) These areas shall be maintained in such a manner that excessive erosion of, or environmental hazards from, radioactive material does not occur: (a) Pile edges adjacent to a river, creek or other water course shall be stabilized to prevent erosion; (b) Drainage ditches sufficient to prevent erosion from surface runoff water shall be provided. (3) Prior written approval from the Authority shall be obtained before the surface area of the land shall be put to use. (4) With the exception of reprocessing at the site, approval by the Authority must be obtained prior to removal of any material from these areas. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-110-0015 Sale or Transfer of the Site The Authority shall be given written notice 30 days in advance of any contemplated transfer of right, title or interest in the site by deed, lease or other conveyance. The written notice shall contain the name and address of the proposed purchaser or transferee. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-110-0020 Abandonment of the Site Prior to abandonment of the site, the requirements of this rule shall be fulfilled: (1) Piles shall be stabilized against wind and water erosion and contoured in a manner which will prevent collection of water. (2) In addition to the above requirements, any material which has been removed from the pile by natural forces shall be returned to the pile. (3) Ponds shall be drained and covered with materials that prevent blowing of dust. Water drained from the ponds shall be disposed of in a manner approved by the Authority. (4) Detailed plans for compliance with sections (1), (2) and (3) of this rule shall be submitted to the Authority for review and approval. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-110-0025 Waiver Upon application to the Authority, certain requirements of this Division may be waived or modified if it can be shown that the requirements are unnecessary or impractical in specific cases. Statutory/Other Authority: ORS 453.605 - 453.745 Statutes/Other Implemented: ORS 453.605 - 453.807 History: HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-111-0001 Purpose and Scope This division establishes requirements for notices, instructions and reports by licensees or registrants to individuals engaged in activities under a license or registration and options available to such individuals in connection with Authority inspections of licensees or registrants to ascertain compliance with the provisions of the act and rules, orders and licenses issued thereunder regarding radiological working conditions. The rules in this division apply to all persons who receive, possess, use, own or transfer sources of radiation registered with or licensed by the Authority pursuant to divisions 100, 101 and 102 of this chapter. Statutory/Other Authority: ORS 453.605 - 453.755 Statutes/Other Implemented: ORS 453.605 - 453.755 History: PH 14-2008, f. & cert. ef. 9-15-08 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-111-0005 Posting of Notices to Workers (1) Each licensee or registrant shall post current copies of the following documents: (a) The rules in this division and division 120 of this chapter; (b) The license, certificate of validation, conditions or documents incorporated into the license by reference and amendments thereto; (c) The operating procedures applicable to activities under the license or registration; and (d) Any notice of noncompliance involving radiological working conditions, proposed imposition of civil penalty or order issued pursuant to division 100 of this chapter, and any response from the licensee or registrant. (2) If posting of a document specified in subsection (1)(a), (b) or (c) of this rule is not practicable, the licensee or registrant may post a notice which describes the document and states where it may be examined, provided that such document is readily available to workers at the licensee's or registrant's facility. (3) Authority "Notice to Employees" shall be posted by each licensee or registrant as required by these rules. (4) Documents, notices or forms posted pursuant to this rule shall appear in a sufficient number of places to permit individuals engaged in work under the license or registration to observe them on the way to or from any particular work location to which the document applies, shall be conspicuous and shall be replaced if defaced or altered. (5) Authority documents posted pursuant to subsection (1)(d) of this rule shall be posted within two working days after receipt of the documents from the Authority. The licensee's or registrant's response, if any, shall be posted within two working days after dispatch from the licensee or registrant. Such documents shall remain posted for a minimum of five working days or until action correcting the violation has been completed, whichever is later. Statutory/Other Authority: ORS 453.605 - 453.755 Statutes/Other Implemented: ORS 453.605 - 453.755 History: PH 14-2008, f. & cert. ef. 9-15-08 HD 15-1994, f. & cert. ef. 5-6-94 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-111-0010 Instructions to Workers All individuals working in or frequenting any portion of a restricted area: (1) Shall be kept informed of the storage, transfer or use of sources of radiation in such portions of the restricted area; (2) Shall be instructed in the health protection problems associated with exposure to radiation or radioactive material, in precautions or procedures to minimize exposure and in the purposes and functions of protective devices employed; (3) Shall be instructed in, and instructed to observe, to the extent within the worker's control, the applicable provisions of these rules and licenses for the protection of personnel from exposures to radiation or radioactive material occurring in such areas; (4) Shall be instructed of their responsibility to report promptly to the licensee or registrant any condition which may constitute, lead to or cause a violation of Authority rules and licenses or unnecessary exposure to radiation or radioactive material; (5) Shall be instructed in the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation or radioactive material; and (6) Shall be advised as to the radiation exposure reports which workers shall be furnished pursuant to OAR 333-111-0015. (7) Refresher training shall be provided at intervals not to exceed three years covering the topics identified in OAR 333-111-0010. NOTE: The extent of these instructions shall be commensurate with potential radiological health protection problems in the restricted area. Statutory/Other Authority: ORS 453.605 - 453.807 Statutes/Other Implemented: ORS 453.745 History: PH 14-2008, f. & cert. ef. 9-15-08 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85