reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-219 - Enforcement

(a)
(1)
For the purpose of carrying out the provisions of this subchapter, the State Plant Board may enter upon any public or private premises at reasonable times, in order to:
(A)
Have access for the purpose of inspecting any equipment subject to this subchapter;
(B)
Inspect or sample lands actually or reported to be exposed to pesticides and lands from which the pesticides may have originated;
(C)
Inspect storage or disposal areas;
(D)
Inspect or investigate complaints of injury to humans or land;
(E)
Sample pesticides being applied or to be applied; and
(F)
Observe the use and application of pesticides.
(2)
Should the board be denied access to any land where access was sought for the purposes set forth in this subchapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to the land for the purposes set forth in this subchapter. Upon such an application, the court may issue the search warrant for the purposes requested.
(b)
(1)
With or without the aid and advice of the prosecuting attorney, the board is charged with the duty of enforcing the requirements of this subchapter and any rules issued pursuant to it.
(2)
If a prosecuting attorney fails or refuses to act on behalf of the board, the Attorney General may so act.
(c)
The board may apply to any court of competent jurisdiction for and the court upon hearing and for cause shown may grant a temporary or permanent injunction restraining any person from violating any provisions of this subchapter, or of the rules made under authority of this subchapter, the injunction to be without bond.
Amended by Act 2019, No. 315,§ 1998, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1997, eff. 7/24/2019.
Acts 1975, No. 389, § 21; A.S.A. 1947, § 77-271.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-220 - Subpoenas authorized

The State Plant Board may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records anywhere in this state in any hearing affecting the authority or privilege granted by a license, certification, or permit issued under this subchapter.
Acts 1975, No. 389, § 20; A.S.A. 1947, § 77-270.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-221 - Judicial review

(a)
Any person aggrieved by any action of the State Plant Board may obtain a review thereof by filing in the circuit court within thirty (30) days of notice of the action a written petition praying that the action of the board be set aside.
(b)
A copy of the petition shall immediately be delivered to the board, and within thirty (30) days thereafter, the board shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received. The court shall then have jurisdiction to affirm, set aside, or modify the action of the board, except that the findings of the board as to the facts, if supported by substantial evidence, shall be conclusive.
Acts 1975, No. 389, § 22; A.S.A. 1947, § 77-272.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-222 - Intergovernmental cooperation

The State Plant Board may cooperate with, receive grants-in-aid from, and enter into agreements with any agency of the United States Government, of this state or its subdivisions, or of another state to obtain assistance in the implementation of this subchapter, in order to:
(1)
Secure uniformity of regulations;
(2)
Cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs;
(3)
Develop and administer state plans for licensing of certified applicators consistent with federal standards;
(4)
Contract for training with other agencies for the purpose of training licensed applicators;
(5)
Contract for monitoring pesticides for the national plan;
(6)
Prepare and submit state plans to meet federal certification standards, as provided for in section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act; and
(7)
Regulate certified applicators.
Acts 1975, No. 389, § 15; A.S.A. 1947, § 77-265.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-223 - Reciprocal agreements

The State Plant Board may waive all or part of the examination requirements provided for in §§
20-20-209
-
20-20-211
and
20-20-217
on a reciprocal basis with any other state which has substantially the same standards and so long as out-of-state applicators are made subject to enforcement procedures provided in this subchapter to the same extent as those applicators examined and certified in this state.
Acts 1975, No. 389, § 16; A.S.A. 1947, § 77-266.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-224 - Information and instruction

In cooperation with the University of Arkansas or other educational institutions, the State Plant Board may publish information and conduct short courses of instruction in the areas of knowledge required by this subchapter or the rules adopted pursuant to this subchapter.
Amended by Act 2019, No. 315,§ 1999, eff. 7/24/2019.
Acts 1975, No. 389, § 24; A.S.A. 1947, § 77-274.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-225 - Disposition of funds

All moneys received by the State Plant Board under the provisions of this subchapter and the rules adopted pursuant to this subchapter shall be deposited into the Plant Board Fund of the State Treasury and be used for carrying out the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2000, eff. 7/24/2019.
Acts 1975, No. 389, § 25; A.S.A. 1947, § 77-275.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-226 - State preemption

(a)
Except as otherwise authorized in this subchapter, no city, county, or other political subdivision of the state shall adopt any ordinance, rule, or regulation regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pesticides.
(b)
This section shall not affect the validity of any ordinance, rule, or regulation regarding the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of pesticides adopted before March 1, 1993.
Acts 1993, No. 815, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-227 - Penalties for use inconsistent with labeling

(a)
Any person who uses a pesticide in a manner inconsistent with its labeling is subject to the jurisdiction of the State Plant Board and its statutes, rules, and orders over which it has regulatory authority and may be subject to denial, suspension, revocation, or modification of a license or permit under §
20-20-214
.
(b)
Any person who knowingly uses a pesticide in a manner inconsistent with its labeling shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
Acts 1995, No. 85, § 2; 1995, No. 110, § 2; 2005, No. 1994, § 119.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 3 - PESTICIDES AND CHEMICALS SAFE FOR CHILDREN HAND-HARVESTING CROPS (§§ 20-20-301 — 20-20-303) › Section 20-20-301 - [Repealed]

Repealed by Act 2019, No. 910,§ 5017, eff. 7/1/2019.
Amended by Act 2019, No. 315,§ 2001, eff. 7/24/2019.
Acts 1993, No. 983, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 3 - PESTICIDES AND CHEMICALS SAFE FOR CHILDREN HAND-HARVESTING CROPS (§§ 20-20-301 — 20-20-303) › Section 20-20-302 - [Repealed]

Amended by Act 2019, No. 315,§ 2002, eff. 7/24/2019.
Repealed by Act 2019, No. 910,§ 5017, eff. 7/1/2019.
Acts 1993, No. 983, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 3 - PESTICIDES AND CHEMICALS SAFE FOR CHILDREN HAND-HARVESTING CROPS (§§ 20-20-301 — 20-20-303) › Section 20-20-303 - [Repealed]

Amended by Act 2019, No. 910,§ 5448, eff. 7/1/2019.
Repealed by Act 2019, No. 910,§ 5017, eff. 7/1/2019.
Acts 1993, No. 983, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-201 - Declaration of policy

It is the policy of the State of Arkansas in furtherance of its responsibility to protect the occupational and public health and safety, to protect the environment, and to further the industrial and economic growth of the state:
(1)
To institute and maintain a regulatory program for sources of ionizing radiation so as to provide:
(A)
Compatibility and consistency with the standards and regulatory programs of the United States Government;
(B)
A single effective system of regulation within the state; and
(C)
A system consonant insofar as possible with those of other states; and
(2)
To institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public.
Acts 1961 (2nd Ex. Sess.), No. 8, § 1; 1983, No. 19, § 1; A.S.A. 1947, § 82-1512.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-202 - Purpose

It is the purpose of this subchapter to effectuate the policies set forth in §
20-21-201
by providing a program:
(1)
Of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;
(2)
To promote an orderly regulatory pattern within the state, among the states, and between the United States Government and this state and to facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;
(3)
To establish procedures for assumption and performance of certain regulatory responsibilities with respect to radioactive materials and radiation equipment and to provide for registration of service personnel; and
(4)
To permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public.
Amended by Act 2021, No. 268,§ 1, eff. 7/28/2021.
Acts 1961 (2nd Ex. Sess.), No. 8, § 2; 1983, No. 19, § 2; A.S.A. 1947, § 82-1513.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-205 - Enforcement

(a)
(1)
The State Radiation Control Agency or its authorized representative shall for reasonable cause 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 violation of this subchapter and rules issued under this subchapter.
(2)
However, entry into areas under the jurisdiction of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative.
(b)
In the event of an emergency, the agency shall have the authority to impound or order the impounding of sources of ionizing radiation which is in the possession of any person that is not equipped to observe or fails to observe the provisions of this subchapter or any rules issued under this subchapter.
(c)
Whenever in the judgment of the agency 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 subchapter or any rule or order issued under this subchapter, the Attorney General, upon written notice thereof by the agency, shall make application to a court of competent jurisdiction for an order enjoining the acts or practices or for an order directing compliance, and upon a showing by the agency that the person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
Amended by Act 2019, No. 315,§ 2016, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2015, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2014, eff. 7/24/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, §§ 6, 11, 13; A.S.A. 1947, §§ 82-1517, 82-1522, 82-1524.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-206 - State Radiation Control Agency - Designation - Employees

(a)
The State Board of Health is designated as the State Radiation Control Agency.
(b)
The Secretary of the Department of Health shall designate an individual to perform the functions vested in the agency pursuant to this subchapter.
(c)
In accordance with the laws of this state, the agency may employ, compensate, and prescribe the powers and duties of such individuals and consultants as may be necessary to carry out this subchapter.
Amended by Act 2019, No. 910,§ 5019, eff. 7/1/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, § 4; 1969, No. 115, § 1; 1975, No. 382, § 1; 1983, No. 19, §§ 4 [4A], 5; A.S.A. 1947, § 82-1515.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-208 - State Radiation Control Agency - Powers and duties - Ionizing radiation

(a)
The State Radiation Control Agency may require registration or licensing of other sources of ionizing radiation.
(b)
The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this subchapter when the agency finds that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public or to the environment.
Acts 1961 (2nd Ex. Sess.), No. 8, § 4; 1969, No. 115, § 1; 1975, No. 382, § 1; 1983, No. 19, §§ 4 [4A], 5; A.S.A. 1947, § 82-1515.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-209 - State Radiation Control Agency - Recognition of other licenses or registrations

Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses or registrations, or equivalents, as the State Radiation Control Agency may deem desirable, subject to such licensing or registration requirements as the agency may prescribe.
Amended by Act 2021, No. 268,§ 4, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 2017, eff. 7/24/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, § 4; 1969, No. 115, § 1; 1975, No. 382, § 1; 1983, No. 19, §§ 4 [4A], 5; A.S.A. 1947, § 82-1515.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-210 - State Radiation Control Agency - Application

The provisions of this section, §§
20-21-206
-
20-21-209
, and
20-21-211
shall not apply to any production or utilization facility for which the United States Nuclear Regulatory Commission or any successor agency thereto has issued a license which is in force and effect to construct or operate the facility.
Acts 1975, No. 382, § 2; A.S.A. 1947, § 82-1515.1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-211 - State Radiation Control Agency - Construction

Sections
20-21-206
-
20-21-210
are cumulative and are intended to supplement existing laws, and no part shall be construed to repeal any existing law specifically enacted for the protection of public health and safety.
Acts 1975, No. 382, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-212 - License or registration required

It shall be unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with the State Radiation Control Agency in conformance with rules promulgated in accordance with this subchapter.
Amended by Act 2019, No. 315,§ 2018, eff. 7/24/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, § 12; 1983, No. 19, § 9; A.S.A. 1947, § 82-1523.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-213 - Licensing and registration requirements generally

(a)
The State Radiation Control Agency shall provide by rule for licensing of radioactive material, or devices or equipment utilizing such material, and for licensing or registration of radiation equipment.
(b)
The rule shall provide for amendment, suspension, or revocation of licenses and registrations.
(c)
The rule shall provide that:
(1)
Each application for a specific license, or license or registration of radiation equipment, shall be in writing and shall state such information as the agency by rule may determine to be necessary to decide the technical and financial qualifications or any other qualifications of the applicant as the agency may deem reasonable and necessary to protect the occupational and public health and safety;
(2)
The agency may at any time after the filing of the application and before the expiration of the license or registration require further written statements and may make such inspections as the agency may deem necessary in order to determine whether the license or registration should be granted or denied or whether the license or registration should be modified, suspended, or revoked;
(3)
All applications and statements shall be signed by the applicant, licensee, or registrant;
(4)
The agency may require any applications or statements to be made under oath or affirmation;
(5)
Each license or registration shall be in a form and contain terms and conditions as the agency may by rule prescribe;
(6)
No license or registration issued under this subchapter nor any right under a license or registration shall be transferred, assigned, or in any manner disposed of unless the agency shall, after securing full information, find that the transfer is in accordance with the provisions of this subchapter and shall give its consent in writing;
(7)
The terms and conditions of all licenses or registrations shall be subject to amendment, revision, or modification by rules or orders issued in accordance with this subchapter;
(8)
Licenses issued by the agency shall:
(A)
Be renewed every five (5) to ten (10) years based on risk factors as determined by the agency; and
(B)
Expire at a time specified by the agency; and
(9)
Registrations issued shall:
(A)
Be renewed at a time specified by the agency; and
(B)
Expire one (1) year after issuance or at a time specified by the agency.
Amended by Act 2021, No. 268,§ 5, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 2019, eff. 7/24/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516; Acts 1995, No. 796, § 2; 2003, No. 1119, §§ 1-3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-214 - Licensing and registration requirements - Sources of ionizing radiation

(a)
The State Radiation Control Agency shall require registration or licensing of other sources of ionizing radiation.
(b)
The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this section and §
20-21-213
when the agency makes a finding that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.
Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-215 - Licensing and registration requirements - Recognition of other licenses or registrations

Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses or registrations, or equivalents, as the State Radiation Control Agency may deem desirable, subject to such licensing or registration requirements as the agency may prescribe.
Amended by Act 2021, No. 268,§ 6, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 2020, eff. 7/24/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-216 - [Repealed]

Repealed by Act 2021, No. 268,§ 6, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 2021, eff. 7/24/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, § 5; 1983, No. 19, § 6; A.S.A. 1947, § 82-1516.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-218 - Records

(a)
(1)
The State Radiation Control Agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the agency may require subject to such exemptions as may be provided by rule.
(2)
The agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation, or who furnishes personnel dosimetry services for agency licensees or registrants to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the agency.
(b)
(1)
Copies of all records required by subsection (a) of this section shall be submitted to the agency upon request. The agency shall obtain these required records from each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation and from service personnel.
(2)
To each employee for whom personnel monitoring is required, a copy of the employee's personal exposure record shall be given at the frequency required by rule.
Amended by Act 2021, No. 268,§ 6, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 2023, eff. 7/24/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, § 7; 1983, No. 19, § 7; 1985, No. 554, § 1; A.S.A. 1947, § 82-1518.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-219 - Storage of radioactive wastes

(a)
The operation or administration of any sites acquired under this subchapter for the concentration and storage of radioactive wastes and by-products shall be under the direct supervision of the State Radiation Control Agency and shall be in accordance with the rules promulgated and enforced by that agency to protect the public health and safety.
(b)
The agency may lease or license such lands, buildings, and grounds as it may acquire under this subchapter for the purpose of operating sites for the concentration and storage of radioactive wastes and by-products.
(c)
The State Board of Health may enter into contracts as may be necessary for carrying out the provisions of this subchapter.
(d)
(1)
To finance the custody, control, and maintenance of such sites as the agency may undertake, the agency may collect fees from private or public parties holding radioactive material for custodial purposes. The fees shall be sufficient in each individual case to defray the estimated cost of the agency's custodial management activities for that individual case.
(2)
All fees shall be placed in a special account, in the nature of a revolving trust fund and which may be designated the "Perpetual Maintenance Fund".
(3)
The fees shall be received, disbursed, and accounted for by using generally accepted accounting principles.
(4)
Moneys in the fund may be invested in United States bonds and treasury bills or in such other securities as may be approved by the agency and the Treasurer of State.
Amended by Act 2019, No. 315,§ 2024, eff. 7/24/2019.
Acts 1961 (2nd Ex. Sess.), No. 8, §§ 17, 18, as added by Acts 1969, No. 115, § 2; A.S.A. 1947, §§ 82-1526, 82-1527.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-220 - Training programs

The State Radiation Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter.
Acts 1961 (2nd Ex. Sess.), No. 8, § 9; A.S.A. 1947, § 82-1520.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 2 - IONIZING RADIATION (§§ 20-21-201 — 20-21-222) › Section 20-21-221 - Intergovernmental agreements

(a)
(1)
The Governor, on behalf of this state, may enter into agreements with the United States Government providing for discontinuance of certain of the United States Government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to this subchapter.
(2)
Any person that, on the effective date of an agreement under this subsection, possesses a license issued by the United States Government shall be deemed to possess the same pursuant to a license issued under this subchapter, which shall expire either ninety (90) days after receipt from the State Radiation Control Agency of a notice of expiration of the license or on the date of expiration specified in the federal license, whichever is earlier.
(b)
The agency may enter into an agreement or agreements with the United States Government, other states, or interstate agencies, whereby this state will perform, on a cooperative basis with the United States Government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.
Acts 1961 (2nd Ex. Sess.), No. 8, §§ 8, 9; A.S.A. 1947, §§ 82-1519, 82-1520.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-301 - Declaration of policy

It is the policy of the State of Arkansas, in furtherance of its responsibility to protect the public health and safety, to institute and maintain a regulatory program for the control of radiation from electronic products in order to provide for compatibility with standards and regulatory programs of the United States Government an effective system of regulation within this state and a system consonant insofar as possible with those of other states.
Acts 1969, No. 460, § 1; A.S.A. 1947, § 82-1528.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-302 - Purpose

It is the purpose of this subchapter to effectuate the policies set forth in §
20-21-301
by providing for a program:
(1)
Of effective regulation of radiation emitted from electronic products or components of electronic products for the protection of the occupational and public health and safety;
(2)
To promote an orderly regulatory pattern within this state, among the states, and between the United States Government and this state and to facilitate intergovernmental cooperation; and
(3)
To establish procedures for assumption and performance of certain regulatory responsibilities with respect to the manufacture, distribution, installation, repair, or use of electronic products.
Acts 1969, No. 460, § 2; A.S.A. 1947, § 82-1529.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-303 - Definitions

As used in this subchapter:
(1)
"Electronic products" means any manufactured product or device or component part of that product or device which during operation can generate or emit a physical field of radiation;
(2)
"Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, or any legal successor, representative, agent, or agency of the foregoing, other than agencies of the United States Government or any successor thereto; and
(3)
"Radiation" means any electromagnetic or ionizing radiation which can be generated during the operation of electronic products.
Acts 1969, No. 460, § 3; 1971, No. 722, § 1; A.S.A. 1947, § 82-1530.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-304 - Penalties

(a)
Any person that willfully violates any of the provisions of this subchapter or rules or orders in effect pursuant to this subchapter of the State Electronic Product Control Agency shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.
(b)
Each day of violation shall be considered a separate offense and shall be punishable as such.
Amended by Act 2019, No. 315,§ 2027, eff. 7/24/2019.
Acts 1969, No. 460, § 13; A.S.A. 1947, § 82-1540.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-305 - Enforcement

(a)
The State Electronic Product Control Agency or its authorized representatives shall have the power to enter at all reasonable times upon any private or public property on or in which electronic products are being manufactured, distributed, used, or repaired for the purpose of determining whether or not there is compliance with or violation of this subchapter and rules issued under this subchapter. However, entry into areas under the jurisdiction of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative.
(b)
In the event of an emergency, the agency shall have the authority to impound or order the impounding of electronic products in the possession of any person who is not equipped to observe or fails to observe the provisions of this subchapter or any rules issued under this subchapter.
(c)
Whenever in the judgment of the agency 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 subchapter or any rule or order issued under this subchapter, then at the request of the agency, the Attorney General may make application to a court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance and, upon a showing by the agency that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
Amended by Act 2019, No. 315,§ 2028, eff. 7/24/2019.
Acts 1969, No. 460, §§ 6, 10, 12; A.S.A. 1947, §§ 82-1533, 82-1537, 82-1539.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-306 - State Electronic Product Control Agency

(a)
The State Board of Health is designated as the State Electronic Product Control Agency.
(b)
The Secretary of the Department of Health shall be Director of the State Electronic Product Control Agency and shall perform the functions vested in the agency pursuant to this subchapter.
(c)
In accordance with the laws of the State of Arkansas, the agency may employ, compensate, and prescribe the powers and duties of such individuals as may be necessary to carry out this subchapter.
(d)
For the protection of the occupational and public health and safety, the agency shall:
(1)
Develop such programs as the agency determines are necessary for the evaluation and control of radiation hazards associated with the use of electronic products;
(2)
Develop programs and formulate, adopt, promulgate, and repeal codes and rules with due regard for compatibility with federal programs for licensing and regulation of certain electronic products and radiation therefrom;
(3)
Issue such orders, or modifications thereof, and conduct such hearing proceedings as may be necessary under this subchapter;
(4)
Advise, consult, and cooperate with other governmental agencies and with other groups concerned with the control of radiation from electronic products;
(5)
Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government or from other sources, public or private;
(6)
Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation from electronic products; and
(7)
Collect and disseminate information relating to its functions, including:
(A)
Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;
(B)
Maintenance of a file of registrants requiring registration under this subchapter and any administrative or judicial action pertaining to this subchapter; and
(C)
Maintenance of a file of all rules relating to regulation of radiation from electronic products, pending or promulgated, and proceedings thereon.
Amended by Act 2019, No. 315,§ 2030, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2029, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5024, eff. 7/1/2019.
Acts 1969, No. 460, § 4; A.S.A. 1947, § 82-1531.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-307 - License or registration required

It shall be unlawful for any person to use, manufacture, distribute, install, repair, acquire, own, or possess an electronic product except in conformance with rules for licensing or registration for that product, if any, promulgated in accordance with this subchapter.
Amended by Act 2019, No. 315,§ 2031, eff. 7/24/2019.
Acts 1969, No. 460, § 11; A.S.A. 1947, § 82-1538.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-308 - Licensing and registration - Regulation by State Electronic Product Control Agency

(a)
The State Electronic Product Control Agency may:
(1)
Require registration or licensing for the manufacture, distribution, installation, repair, and use of electronic products or component parts of such products and for which rules have been promulgated as specified in §
20-21-306(d)(2)
; and
(2)
Exempt certain electronic products from the licensing or registration requirements set forth in this section when the agency makes a determination that the exemption of the electronic products or kinds of uses or users of the products will not constitute a significant risk to the health and safety of the public.
(b)
Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses as the agency may deem desirable, subject to such registration requirements as the agency may prescribe.
Amended by Act 2019, No. 315,§ 2033, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2032, eff. 7/24/2019.
Acts 1969, No. 460, § 5; A.S.A. 1947, § 82-1532.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-309 - Records

(a)
Each person who manufactures, distributes, installs, repairs, or uses electronic products shall establish and maintain such records, make such reports, and provide such information as the State Electronic Product Control Agency may by rule reasonably require to enable the agency to determine the compliance of the person with this subchapter.
(b)
Any report or information concerning trade secrets or secret industrial processes obtained under this subchapter shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the agency.
Amended by Act 2019, No. 315,§ 2034, eff. 7/24/2019.
Acts 1969, No. 460, § 7; A.S.A. 1947, § 82-1534.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-310 - Training programs

The State Electronic Product Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter.
Acts 1969, No. 460, § 8; A.S.A. 1947, § 82-1535.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-311 - Intergovernmental agreements

The State Electronic Product Control Agency may enter into agreements or contracts with the United States Government, other states, or interstate agencies whereby this state will perform inspections or other functions relating to the control of radiation from electronic products on a cooperative basis with the United States Government, other states, or interstate agencies.
Acts 1969, No. 460, § 8; A.S.A. 1947, § 82-1535.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 3 - ELECTRONIC PRODUCTS (§§ 20-21-301 — 20-21-312) › Section 20-21-312 - Administrative proceedings

(a)
In any of the proceedings under this subchapter, the State Electronic Product Control Agency shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding and shall admit the person as a party to the proceeding:
(1)
For the issuance or modification of rules relating to radiation from electronic products;
(2)
For granting, suspending, revoking, or amending any license; or
(3)
For determining compliance with or granting exceptions from rules of the agency.
(b)
(1)
Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency, without notice or hearing, may issue a rule or order reciting the existence of an emergency and requiring that such action be taken as is necessary to meet the emergency.
(2)
Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately.
(3)
Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency within ten (10) days, shall be afforded a hearing within thirty (30) days.
(4)
On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing.
(c)
Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of receipt of the order.
Amended by Act 2019, No. 315,§ 2037, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2036, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2035, eff. 7/24/2019.
Acts 1969, No. 460, § 9; A.S.A. 1947, § 82-1536.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 21 - RADIATION PROTECTION (§§ 20-21-201 — 20-21-603) › Subchapter 4 - NUCLEAR PLANNING AND RESPONSE PROGRAM (§§ 20-21-401 — 20-21-405) › Section 20-21-401 - Legislative intent

(a)
It is found and determined by the General Assembly that the operation of nuclear generating facilities in this state raises the possibility of adverse health and ecological effects which could result from radiological incidents or accidents at those facilities and that it is essential to the health and welfare of the citizens of this state and particularly those in close proximity to the facilities that a program be initiated to provide for continuous environmental surveillance in the area of nuclear generating facilities and to initiate and formulate plans and procedures for immediate emergency response capability in the event of an accident or incident which might endanger the lives or property of persons.
(b)
The General Assembly further determines that it is appropriate that the utility operating the facilities bear the cost associated with preparing and implementing plans to deal with the effects of nuclear accidents or incidents.
(c)
Therefore, it is the purpose and intent of this subchapter to initiate a program to deal with this matter and to charge the Department of Health with the responsibility of carrying out the program and to provide for funding the program through fees or assessments against utilities operating nuclear generating facilities.
Acts 1980 (1st Ex. Sess.), No. 67, § 1; 1981, No. 101, § 1; A.S.A. 1947, § 82-1541.