reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.17 - Radiation Surveys and Survey Records

Current through Register Vol. 48, No. 6, June 28, 2024
The licensee shall ensure that:
5.17.1 A sufficient number of adequately
				calibrated and operable radiation survey instruments are available at the location
				of its radiographic operations whenever radiographic operations are being performed,
				and at the storage area, as defined in RHA 5.3.33 whenever a radiographic exposure
				device, a storage container, or source is being placed in storage.
5.17.2 A survey with a calibrated and operable
				radiation survey instrument is made after each exposure to determine that the sealed
				source has been returned to its shielded position. The entire circumference of the
				radiographic exposure device must be surveyed. If the radiographic exposure device
				has a source guide tube, the survey must include the guide tube. The survey must
				determine that the sealed source has returned to its shielded position before
				exchanging films, repositioning the exposure head, or dismantling
				equipment.
5.17.3 A survey with a
				calibrated and operable radiation survey instrument is made at any time a source is
				exchanged and whenever a radiographic exposure device is placed in a storage area as
				defined in RHA 5.3.33 to determine that the sealed source is in its shielded
				position. The entire circumference of the radiographic exposure device must be
				surveyed.
5.17.4 A record of the storage
				survey required in RHA 5.17.3 is made and is retained for three years for inspection
				by the Department when that storage survey is the last one performed in the work
				day.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.18 - Supervision of Radiographer's Assistant

Current through Register Vol. 48, No. 6, June 28, 2024
Whenever a radiographer's assistant uses radiographic exposure
				  devices, uses sealed sources or related source handling tools or conducts radiation
				  surveys required by
				  RHA
				  5.17 to determine that the sealed source has been returned
				  to the shielded position after an exposure, he shall be under the personal
				  supervision of a radiographer. The personal supervision shall include:
5.18.1 The radiographer's personal presence at the
				site where the sealed sources are being used;
5.18.2 The ability of the radiographer to give
				immediate assistance if required; and
5.18.3 The radiographer's watching the assistant's
				performance of the operations referred to in this section.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.19 - Inspection and Maintenance of Radiographic Exposure Devices, Transport and Storage Containers, Associated Equipment, Source Changers and Survey Instruments

Current through Register Vol. 48, No. 6, June 28, 2024
5.19.1 The licensee shall perform visual and
				operability checks on survey meters, radiographic exposure devices, transport and
				storage containers, associated equipment and source changers before use on each day
				the equipment is to be used to ensure that the equipment is in good working
				condition, that the sources are adequately shielded, and that required labeling is
				present. Survey instrument operability must be performed using check sources or
				other appropriate means. If equipment problems are found, the equipment must be
				removed from service until repaired.
5.19.2 Each licensee shall have written procedures
				for:
5.19.2.1 Inspection and routine maintenance
				of radiographic exposure devices, source changers, associated equipment, transport
				and storage containers, and survey instruments at intervals not to exceed 3 months
				or before the first use thereafter to ensure the proper functioning of components
				important to safety. Replacement components shall meet design specifications. If
				equipment problems are found, the equipment must be removed from service until
				repaired.
5.19.2.2 Inspection and
				maintenance necessary to maintain the Type B packaging used to transport radioactive
				materials. The inspection and maintenance program must include procedures to assure
				that Type B packages are shipped and maintained in accordance with the certificate
				of compliance or other approval.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.20 - Permanent Radiographic Installation

Current through Register Vol. 48, No. 6, June 28, 2024
5.20.1 Each entrance
				that is used for personnel access to the high radiation area in a permanent
				radiographic installation must have either:
5.20.1.1 An entrance control of the type described
				in RHA 3.18.1.1 that reduces the radiation level upon entry into the area,
				or
5.20.1.2 Both conspicuous visible and
				audible warning signals to warn of the presence of radiation. The visible signal
				must be actuated by radiation whenever the source is exposed. The audible signal
				must be actuated when an attempt is made to enter the installation while the source
				is exposed.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.21 - Conducting Industrial Radiographic Operations

Current through Register Vol. 48, No. 6, June 28, 2024
5.21.1 Whenever
				radiography is performed at a location other than a permanent radiographic
				installation, the radiographer must be accompanied by at least one other qualified
				radiographer or an individual who has at a minimum met the requirements of RHA
				5.12.3. The additional qualified individual shall observe the operations and be
				capable of providing immediate assistance to prevent unauthorized entry. Radiography
				may not be performed if only one qualified individual is present.
5.21.2 All radiographic operations conducted at
				locations of use authorized on the license must be conducted in a permanent
				radiographic installation, unless specifically authorized by the
				Department.
5.21.3 A licensee may
				conduct lay-barge, offshore platform, or underwater radiography only if procedures
				have been approved by the Department, by an Agreement State, or by the Nuclear
				Regulatory Commission.
5.21.4 Licensees
				will have until May 26, 2001, to meet the requirements for having two qualified
				individuals present at locations other than a permanent radiographic installation as
				specified in RHA 5.21.1.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.22 - Radiation Safety Officer for Industrial Radiography

Current through Register Vol. 48, No. 6, June 28, 2024
The RSO shall ensure that radiation safety activities are being
				  performed in accordance with approved procedures and regulatory requirements in the
				  daily operation of the licensee's program.
5.22.1 The minimum qualifications, training, and
				experience for RSOs for industrial radiography are as follows:
5.22.1.1 Completion of the training and testing
				requirements of RHA 5.12.1;
5.22.1.2
				2000 hours of hands-on experience as a qualified radiographer in industrial
				radiographic operations; and
5.22.1.3
				Formal training in the establishment and maintenance of a radiation protection
				program.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.23 - Form of Records

Current through Register Vol. 48, No. 6, June 28, 2024
Each record required by this part must be legible throughout the
				  specified retention period. The record may be the original or a reproduced copy or a
				  microform provided that the copy or microform is authenticated by authorized
				  personnel and that the microform is capable of reproducing a clear copy throughout
				  the required retention period. The record may also be stored in electronic media
				  with the capability for producing legible, accurate, and complete records during the
				  required retention period. Records, such as letters, drawings, and specifications,
				  must include all pertinent information, such as stamps, initials, and signatures.
				  The licensee shall maintain adequate safeguards against tampering with and loss of
				  records.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.24 - Location of Documents and Records

Current through Register Vol. 48, No. 6, June 28, 2024
5.24.1 Each licensee
				shall maintain copies of records required by this part and other applicable parts of
				this regulation at the location specified in RHA 5.4.11.
5.24.2 Each licensee shall also maintain copies of
				the following documents and records sufficient to demonstrate compliance at each
				applicable field station and each temporary jobsite:
5.24.2.1 The license authorizing the use of
				licensed material;
5.24.2.2 A copy of
				parts II, III and V of Radioactive Materials Regulation 61-63. Title A.
5.24.2.3 Utilization records for each radiographic
				exposure device dispatched from that location as required by
				RHA
				5.11;
5.24.2.4
				Records of equipment problems identified in daily checks of equipment as required by
				RHA 5.19.3.1;
5.24.2.5 Records of alarm
				system and entrance control checks required by RHA 5.20.3 if applicable;
5.24.2.6 Records of direct reading dosimeters such
				as pocket dosimeter and or electronic personal dosimeters readings as required by
				RHA
				5.14;
5.24.2.7
				Operating and emergency procedures required by 5.13.13;
5.24.2.8 Evidence of the latest calibration of the
				radiation survey instruments in use at the site, as required by RHA 5.8.3;
5.24.2.9 Evidence of the latest calibrations of
				alarm rate meters and operability checks of pocket dosimeters and/or electronic
				personal dosimeters as required by
				RHA
				5.14;
5.24.2.10 Latest survey records required by RHA
				5.17.4;
5.24.2.11 The shipping papers
				for the transportation of radioactive materials required by RHA 2.22; and
5.24.2.12 When operating under reciprocity
				pursuant to RHA 2.21, a copy of the NRC or Agreement State license authorizing the
				use of licensed materials.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.25 - Reporting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
5.25.1 In addition to
				the reporting requirements specified in RHA 2.32, each licensee shall provide a
				written report to the S.C. Department of Health & Environmental Control, Bureau
				of Radiological Health, 2600 Bull Street, Columbia, S.C. 29201 within 30 days of the
				occurrence of any of the following incidents involving radiographic equipment.
5.25.1.1 Unintentional disconnection of the source
				assembly from the control cable.
5.25.1.2 Inability to retract the source assembly
				to its fully shielded position and secure it in this position.
5.25.1.3 Failure of any component (critical to
				safe operation of the device) to properly perform its intended
				function.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part V - SPECIAL REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS › Section 61-63.V.RHA 5.26 - Appendix A. Radiographer Certification

Current through Register Vol. 48, No. 6, June 28, 2024
5.26.1
				Requirements for an Independent Certifying Organization. An independent certifying
				organization shall:
5.26.1.1 Be an organization
				such as a society or association, whose members participate in, or have an interest
				in, the fields of industrial radiography;
5.26.1.2 Make its membership available to the
				general public nationwide that is not restricted because of race, color, religion,
				sex, age, national origin or disability;
5.26.1.3 Have a certification program open to
				nonmembers, as well as members;
5.26.1.4
				Be an incorporated, nationally recognized organization, that is involved in setting
				national standards of practice within its fields of expertise;
5.26.1.5 Have an adequate staff, a viable system
				for financing its operations, and a policy-and decision-making review
				board;
5.26.1.6 Have a set of written
				organizational by-laws and policies that provide adequate assurance of lack of
				conflict of interest and a system for monitoring and enforcing those by-laws and
				policies;
5.26.1.7 Have a committee,
				whose members can carry out their responsibilities impartially, to review and
				approve the certification guidelines and procedures, and to advise the
				organization's staff in implementing the certification program;
5.26.1.8 Have a committee, whose members can carry
				out their responsibilities impartially, to review complaints against certified
				individuals and to determine appropriate sanctions;
5.26.1.9 Have written procedures describing all
				aspects of its certification program, maintain records of the current status of each
				individual's certification and the administration of its certification program;
5.26.1.10 Have procedures to ensure
				that certified individuals are provided due process with respect to the
				administration of its certification program, including the process of becoming
				certified and any sanctions imposed against certified individuals;
5.26.1.11 Have procedures for proctoring
				examinations, including qualifications for proctors. These procedures must ensure
				that the individuals proctoring each examination are not employed by the same
				company or corporation (or a wholly-owned subsidiary of such company or corporation)
				as any of the examinees;
5.26.1.12
				Exchange information about certified individuals with the Department and other
				independent certifying organizations and/or Agreement States and allow periodic
				review of its certification program and related records; and
5.26.1.13 Provide a description to the Nuclear
				Regulatory Commission of its procedures for choosing examination sites and for
				providing an appropriate examination environment.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.1 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
This part establishes requirements for notices, instructions, and
				  reports by licensees to individuals participating in licensed activities and options
				  available to such individuals in connection with Department inspections of licensees
				  to ascertain compliance with the provisions of the Act and regulations, orders, and
				  licenses issued thereunder regarding radiological working conditions. The
				  regulations in this Part apply to all persons who receive, possess, use, own or
				  transfer material licensed by the Department pursuant to the regulations in Parts II
				  and III.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
6.2.1 "Worker" means an individual engaged in
				activities licensed by the Department and controlled by a licensee, but does not
				include the licensee.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.3 - Posting of Notices to Workers

Current through Register Vol. 48, No. 6, June 28, 2024
6.3.1 Each licensee
				shall post current copies of the following documents; (1) the regulations in this
				Part and in Part III; (2) the license conditions or documents incorporated into the
				license by reference and amendments thereto; (3) the operating procedures applicable
				to licensed activities; (4) any notice of violation involving radiological working
				conditions, proposed imposition of civil penalty, or order issued pursuant to Part
				II and any response from the licensee.
6.3.2 If posting of a document specified in
				paragraph 6.2.1 (1), (2) or (3) of this section is not practicable, the licensee may
				post a notice which describes the document and states where it may be
				examined.
6.3.3 Department Form
				SC-RHA-20, "Notice to Employees" shall be prominently posted by each licensee
				wherever individuals work in or frequent any portion of a restricted area.
6.3.4 Documents, notices or forms posted pursuant
				to this section shall appear in a sufficient number of places to permit individuals
				engaged in licensed activities to observe them on the way to or from any particular
				licensed activity location to which the document applies, shall be conspicuous, and
				shall be replaced if defaced or altered.
6.3.5 Department documents posted pursuant to
				paragraph 6.2.1 (4) of this section shall be posted within 2 working days after
				receipt of the documents from the Department; the licensee's response, if any, shall
				be posted within 2 working days after dispatch from the licensee. Such documents
				shall remain posted for a minimum of 5 working days or until action correcting the
				violation has been completed, whichever is later.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.4 - Instructions to Workers

Current through Register Vol. 48, No. 6, June 28, 2024
6.4.1 All individuals
				who in the course of employment are likely to receive in a year an occupational dose
				in excess of 100 mrem (1 mSv) shall be:
6.4.1.1
				Kept informed of the storage, transfer, or use of radiation and/or radioactive
				materials:
6.4.1.2 Instructed in the
				health protection problems associated with exposure to radiation and/or radioactive
				material, in precautions or procedures to minimize exposure, and in the purposes and
				functions of protective devices employed;
6.4.1.3 Instructed in, and instructed to observe,
				to the extent within the worker's control, the applicable provisions of Department
				regulations and licenses for the protection of personnel to radiation and/or
				radioactive material;
6.4.1.4 Instructed
				of their responsibility to report promptly to the licensee any condition which may
				lead to or cause a violation of Department regulations and licenses or unnecessary
				exposure to radiation and/or radioactive material;
6.4.1.5 Instructed in the appropriate response to
				warnings made in the event of an unusual occurrence or malfunction that may involve
				exposure to radiation and/or radioactive material; and
6.4.1.6 Shall be advised as to the radiation
				exposure reports which workers may request pursuant to Section RHA 6.4.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.5 - Notification and Reports to Individuals

Current through Register Vol. 48, No. 6, June 28, 2024
6.5.1 Radiation
				exposure data for an individual, and the results of any measurements, analyses, and
				calculations of radioactive material deposited or retained in the body of an
				individual, shall be reported to the individual as specified in this section. The
				information reported shall include data and results obtained pursuant to Department
				regulations, orders, or license conditions, as shown in records maintained by the
				licensee pursuant to Department regulations. Each notification and report shall; be
				in writing, include appropriate identifying data such as the name of the licensee,
				the name of the individual, the individual's social security number; include the
				individual's exposure information; and contain the following statement; "This report
				is furnished to you under the provisions of the South Carolina Department of Health
				and Environmental Control's 'Radiation Control Regulations.' You should preserve
				this report for future reference."
6.5.2
				Each licensee shall make dose information available to workers as shown in records
				maintained by the licensee pursuant to paragraphs 3.36.2 and 3.39. The licensee
				shall provide an annual report to each individual monitored pursuant to RHA 3.17 of
				the dose received in that monitoring year if:
6.5.2.1 The individual's occupational dose exceeds
				100 mrem TEDE or 100 mrem to any individual organ or tissue; or
6.5.2.2 The individual requests his or her annual
				dose report.
6.5.3.1 At the request of a
				worker formerly engaged in licensed activities controlled by the licensee, each
				licensee shall furnish to the worker a report of the worker's exposure to radiation
				and/or radioactive material:
6.5.3.1.1 As shown in
				records maintained by the licensee pursuant to RHA 3.39 for each year the worker was
				required to be monitored under the provisions of RHA 3.17; and
6.5.3.1.2 For each year the worker was required to
				be monitored under the monitoring requirements in effect prior to January 1,
				1994.
6.5.3.2 This report must
				be furnished within 30 days from the time the request is made, or within 30 days
				after the exposure of the individual has been determined by the licensee, whichever
				is later. This report must cover the period of time that the worker's activities
				involved exposure to radiation from radioactive materials licensed by the Department
				and must include the dates and locations of licensed activities in which the worker
				participated during this period.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.6 - Presence of Representatives of Licensees and Workers During Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
6.6.1 Each licensee shall afford to the Department
				at all reasonable times opportunity to inspect materials, activities, facilities,
				premises, and records pursuant to these regulations.
6.6.2 During an inspection, Department inspectors
				may consult privately with workers as specified in
				RHA 6.5. The licensee or licensee's
				representative may accompany Department inspectors during other phases of an
				inspection.
6.6.3 If, at any time of
				inspection, an individual has been authorized by the workers to represent them
				during Department inspections, the licensee shall notify the inspectors of such
				authorization and shall give the workers' representative an opportunity to accompany
				the inspectors during the inspection of physical working conditions.
6.6.4 Each workers' representative shall be
				routinely engaged in licensed activities under control of the licensee and shall
				have received instructions as specified in Section
				RHA
				6.4.
6.6.5
				Different representatives of licensees and workers may accompany the inspectors
				during different phases of an inspection if there is no resulting interference with
				the conduct of the inspection. However, only one workers' representative at a time
				may accompany the inspector.
6.6.6 With
				the approval of the licensee and the workers' representative, an individual who is
				not routinely engaged in licensed activities under control of the licensee, for
				example, a consultant to the licensee or to the workers' representative, shall be
				afforded the opportunity to accompany Department inspectors during the inspection of
				physical working conditions.
6.6.7
				Notwithstanding the other provisions of this section, Department inspectors are
				authorized to refuse to permit accompaniment by any individual who deliberately
				interferes with a fair and orderly inspection. With regard to areas containing
				proprietary information, the workers' representative for that area shall be an
				individual previously authorized by the licensee to enter that area.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.7 - Consultation with Workers During Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
6.7.1 Department
				inspectors may consult privately with workers concerning matters of occupational
				radiation protection and other matters related to applicable provisions of
				Department regulations and licenses to the extent the inspectors deem necessary for
				the conduct of an effective and thorough inspection.
6.7.2 During the course of an inspection any
				worker may bring privately to the attention of the inspectors, either orally or in
				writing, any past or present condition which he has reason to believe may have
				contributed to or caused any violation of the Act, these regulations, or license
				condition, or any unnecessary exposure of an individual to radiation from licensed
				radioactive material under the licensee's control. Any such notice in writing shall
				comply with the requirements of paragraph 6.8.1.
6.7.3 The provisions of paragraph 6.7.2 of this
				section shall not be interpreted as authorization to disregard instructions pursuant
				to Section
				RHA
				6.4.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.8 - Requests by Workers for Inspections

Current through Register Vol. 48, No. 6, June 28, 2024
6.8.1 Any worker or
				representative of workers who believes that a violation of the Act, these
				regulations, or license conditions exists or has occurred in license activities with
				regard to radiological working conditions in which the worker is engaged, may
				request an inspection by giving notice of the alleged violation to the Department.
				Any such notice shall be in writing, shall set forth the specific grounds for the
				notice, and shall be signed by the worker or representative of workers. A copy shall
				be provided to the licensee by the Department no later than at the time of
				inspection except that, upon the request of the worker giving such notice, his name
				and the name of individuals referred to therein shall not appear in such copy or on
				any record published, released, or made available by the Department, except for good
				cause shown.
6.8.2 If, upon receipt of
				such notice, the Department determines that the complaint meets the requirements set
				forth in paragraph 6.8.1 of this section, and that there are reasonable grounds to
				believe that the alleged violation exists or has occurred, he shall cause an
				inspection to be made as soon as practicable, to determine if such alleged violation
				exists or has occurred. Inspections pursuant to this Section need not be limited to
				matters referred to in the complaint.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.9 - Inspections Not Warranted; Informal Review

Current through Register Vol. 48, No. 6, June 28, 2024
6.9.1 If the Department
				determines, with respect to a complaint under
				RHA
				6.8, that an inspection is not warranted because there are
				no reasonable grounds to believe that a violation exists or has occurred, he shall
				notify the complainant in writing of such determination. The complainant may obtain
				review of such determination by submitting a written statement of position with the
				Commissioner for the South Carolina Department of Health & Environmental Control
				who will provide the licensee with a copy of such statement by certified mail,
				excluding, at the request of the complainant, the name of the complainant. The
				licensee may submit an opposing written statement of position with the Department
				who will provide the complainant with a copy of such statement by certified mail.
				Upon the request of the complainant, the Department may hold an informal conference
				in which the complainant and the licensee may orally present their views. An
				informal conference may also be held at the request of the licensee, but disclosure
				of the identity of the complainant will be made only following receipt of written
				authorization from the complainant. After considering all written and oral views
				presented, the Commissioner for the South Carolina Department of Health &
				Environmental Control shall affirm, modify, or reverse the determination of the
				Department and furnish the complainant and the licensee a written notification of
				his decision and the reason therefor.
6.9.2 If the Department determines that an
				inspection is not warranted because the requirements of Section6.8.1 have not been
				met, he shall notify the complainant in writing of such determination. Such
				determination shall be without prejudice to the filing of a new complaint meeting
				the requirements of Section6.8.1.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.10 - Employee Protection

Current through Register Vol. 48, No. 6, June 28, 2024
Employment discrimination by a licensee (or a holder of a
				  certificate of compliance) or a contractor or subcontractor of a licensee (or a
				  holder of a certificate of compliance) against an employee for engaging in protected
				  activities under this Regulation is prohibited.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VI - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS › Section 61-63.VI.RHA 6.11 - Discrimination Prohibited

Current through Register Vol. 48, No. 6, June 28, 2024
No person shall on the ground of sex be excluded from
				  participation in, be denied the benefits of, or be subjected to discrimination under
				  any program or activity licensed by this Department. This provision will be enforced
				  through Department provisions and rules similar to those already established, with
				  respect to racial and other discrimination, under Title 1, Chapter 13 of the South
				  Carolina Code. This remedy is not exclusive, however, and will not prejudice or cut
				  off any other legal remedies available to a discriminatee.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.1 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
7.1.1 The regulations in
				this Part establish procedures, criteria, and terms and conditions upon which the
				Department issues licenses for the land disposal of wastes received from other
				persons. (Applicability of the requirements in this part to Department licenses for
				waste disposal facilities in effect on the effective date of this regulation will be
				determined on a case-by-case basis and implemented through terms and conditions of
				the license or by orders issued by the Department). The requirements of this part
				are in addition to, and not in substitution for, other applicable requirements of
				these regulations.
7.1.2 The regulations
				in this Part do not apply to disposal of byproduct material as defined in definition
				(2) of "Byproduct material" in 1.2 of these regulations in quantities greater than
				10,000 kilograms containing more than 5 millicuries of radium-226 or disposal of
				radioactive material as provided for in Part III of these regulations.
7.1.3 This Part establishes procedural
				requirements and performance objectives applicable to any method of land disposal.
				It establishes specific technical requirements for near-surface disposal of
				radioactive waste which involves disposal in the uppermost portion of the
				earth.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.3 - License Required

Current through Register Vol. 48, No. 6, June 28, 2024
7.3.1 No person may
				receive, possess, and dispose of waste received from other persons at a land
				disposal facility unless authorized by a license issued by the Department pursuant
				to this part, and Part II of these regulations.
7.3.2 Each person shall file an application with
				the Department pursuant to 2.5 of these regulations and obtain a license as provided
				in this part before commencement of construction of a land disposal facility.
				Failure to comply with this requirement may be grounds for denial of a
				license.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.4 - Content of Application

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to the requirements set forth in 2.6 of these
				  regulations, an application to receive from others, possess, and dispose of wastes
				  shall consist of general information, specific technical information, institutional
				  information, and financial information as set forth in 7.5 through
				  7.9.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.5 - General Information

Current through Register Vol. 48, No. 6, June 28, 2024
The general information shall include each of the
				  following:
7.5.1 Identity of the applicant
				including:
7.5.1.1 The full name, address,
				telephone number, and description of the business or occupation of the
				applicant;
7.5.1.2 If the applicant is a
				partnership, the name and address of each partner and the principal location where
				the partnership does business;
7.5.1.3
				If the applicant is a corporation or an unincorporated association (1) state where
				it is incorporated or organized and the principal location where it does business
				and (2) the names and addresses of its directors and principal officers;
				and
7.5.1.4 If the applicant is acting
				as an agent or representative of another person in filing the application, all
				information required under 7.5.1 must be supplied with respect to the other
				person.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.7 - Technical Analyses

Current through Register Vol. 48, No. 6, June 28, 2024
The specific technical information shall also include the
				  following analyses needed to demonstrate that the performance objectives of this
				  part will be met:
7.7.1 Pathways analyzed
				in demonstrating protection of the general population from releases of radioactivity
				shall include air, soil, groundwater, surface water, plant uptake, and exhumation by
				burrowing animals. The analyses shall clearly identify and differentiate between the
				roles performed by the natural disposal site characteristics and design features in
				isolating and segregating the wastes. The analyses shall clearly demonstrate that
				there is reasonable assurance that the exposures to humans from the release of
				radioactivity will not exceed the limits set forth in 7.18.
7.7.2 Analyses of the protection of individuals
				from inadvertent intrusion shall include demonstration that there is reasonable
				assurance the waste classification and segregation requirements will be met and that
				adequate barriers to inadvertent intrusion will be provided.
7.7.3 Analyses of the protection of individuals
				during operations shall include assessments of expected exposures due to routine
				operations and likely accidents during handling, storage, and disposal of waste. The
				analyses shall provide reasonable assurance that exposures will be controlled to
				meet the requirements of Part III of these regulations.
7.7.4 Analyses of the long-term stability of the
				disposal site and the need for ongoing active maintenance after closure shall be
				based upon analyses of active natural processes such as erosion, mass wasting, slope
				failure, settlement of wastes and backfill, infiltration through covers over
				disposal areas and adjacent soils, and surface drainage of the disposal site. The
				analyses shall provide reasonable assurance that there will not be a need for
				ongoing active maintenance of the disposal site following closure.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.8 - Institutional Information

Current through Register Vol. 48, No. 6, June 28, 2024
The institutional information submitted by the applicant shall
				  include:
7.8.1 A certification by the
				federal or state agency which owns the disposal site that the federal or state
				agency is prepared to accept transfer of the license when the provisions of 7.15 are
				met and will assume responsibility for institutional control after site closure and
				postclosure observation and maintenance.
7.8.2 Where the proposed disposal site is on land
				not owned by the federal or a state government, the applicant shall submit evidence
				that arrangements have been made for assumption of ownership in fee by the federal
				or a state agency before the Department issues a license.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.9 - Financial Information

Current through Register Vol. 48, No. 6, June 28, 2024
The financial information shall be sufficient to demonstrate that
				  the financial qualifications of the applicant are adequate to carry out the
				  activities for which the license is sought and meet other financial assurance
				  requirements of this part.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.11 - Conditions of Licenses

Current through Register Vol. 48, No. 6, June 28, 2024
7.11.1 A license issued
				under this part, or any right thereunder, may not be transferred, assigned, or in
				any manner disposed of, either voluntarily or involuntarily, directly or indirectly,
				through transfer of control of the license to any person, unless the Department
				finds, after securing full information, that the transfer is in accordance with the
				provisions of the Act and gives its consent in writing in the form of a license
				amendment.
7.11.2 The licensee shall
				submit written statements under oath upon request of the Department, at any time
				before termination of the license, to enable the Department to determine whether the
				license should be modified, suspended, or revoked.
7.11.3 The license will be transferred only on the
				full implementation of the final closure plan as approved by the Department
				including postclosure observation and maintenance.
7.11.4 The licensee shall be subject to the
				provisions of the Act now or hereafter in effect, and to all rules, regulations, and
				orders of the Department. The terms and conditions of the license are subject to
				amendment, revision, or modification, by reason of amendments to, or by reason of
				rules, regulations, and orders issued in accordance with the terms of the
				Act.
7.11.5 Each person licensed by the
				Department pursuant to the regulations in this part shall confine possession and use
				of materials to the locations and purposes authorized in the license.
7.11.6 The licensee shall not dispose of waste
				until the Department has inspected the land disposal facility and thereafter, each
				disposal unit or trench, and has found it to be in conformance with the description,
				design, and construction described in the application for a license.
7.11.7 The Department may incorporate in any
				license at the time of issuance, or thereafter, by appropriate rule, regulation or
				order, additional requirements and conditions with respect to the licensee's
				receipt, possession, and disposal of waste as it deems appropriate or necessary in
				order to:
7.11.7.1 Protect health or to minimize
				danger to life or property;
7.11.7.2
				Require reports and the keeping of records, and to provide for inspections of
				activities under the license that may be necessary or appropriate to effectuate the
				purposes of the Act and regulations thereunder.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.12 - Application for Renewal or Closure

Current through Register Vol. 48, No. 6, June 28, 2024
7.12.1 An application
				for renewal or an application for closure under 7.13 must be filed at least 90 days
				prior to license expiration.
7.12.2
				Applications for renewal of a license must be filed in accordance with 7.4 through
				7.9. Applications for closure must be filed in accordance with 7.13. Information
				contained in previous applications, statements, or reports filed with the Department
				under the license may be incorporated by reference if the references are clear and
				specific.
7.12.3 In any case in which a
				licensee has filed an application in proper form for renewal of a license, the
				license does not expire until the Department has taken final action on the
				application for renewal.
7.12.4 In
				determining whether a license will be renewed, the Department will apply the
				criteria set forth in 7.10.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.13 - Contents of Application for Site Closure and Stabilization

Current through Register Vol. 48, No. 6, June 28, 2024
7.13.1 Prior
				to final closure of the disposal site, or as otherwise directed by the Department,
				the applicant shall submit an application to amend the license for closure. This
				closure application shall include a final revision and specific details of the
				disposal site closure plan included as part of the license application submitted
				under 7.6.7 that includes each of the following:
7.13.1.1 Any additional geologic, hydrologic, or
				other data pertinent to the long-term containment of emplaced wastes obtained during
				the operational period.
7.13.1.2 The
				results of tests, experiments, or any other analyses relating to backfill of
				excavated areas, closure and sealing, waste migration and interaction with
				emplacement media, or any other tests, experiments, or analysis pertinent to the
				long-term containment of emplaced waste within the disposal site.
7.13.1.3 Any proposed revision of plans for:
7.13.1.3.1 Decontamination and/or dismantlement of
				surface facilities;
7.13.1.3.2
				Backfilling of excavated areas; or
7.13.1.3.3 Stabilization of the disposal site for
				postclosure care.
7.13.1.4 Any
				significant new information regarding the environmental impact of closure activities
				and long-term performance of the disposal site.
South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-63 - Radioactive Materials (Title A) › Part VII - LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE › Section 61-63.VII.RHA 7.14 - Postclosure Observation and Maintenance

Current through Register Vol. 48, No. 6, June 28, 2024
The licensee shall observe, monitor, and carry out necessary
				  maintenance and repairs at the disposal site until the site closure is complete and
				  the license is transferred by the Department in accordance with 7.15. Responsibility
				  for the disposal site must be maintained by the licensee for 5 years. A shorter or
				  longer time period for postclosure observation and maintenance may be established
				  and approved as part of the site closure plan, based on site-specific
				  conditions.