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COL12010610GCA HEALTH ANDSAFETY CH.31RADIOLOGICAL HEAL TH 1CHAPTER 31 RADIOLOGICAL HEAL TH § 31101. Declaration of Policy . § 31102. Definitions. § 31103. Cooperative Agreements. § 31104. Duties of the Department. § 31105. Emergency . § 31106. Inspection. § 31107. Collection of Environmental Data. § 31108. Rules and Regulations. § 31109. V iolations. § 31110. Prohibited Use. § 31111. Exemption. § 31101. Declaration of Policy. It is the policy of the territory of Guam in furtherance of its responsibility to protect the public health and safety: (a) T o institute and m aintain a regulatory program for sources of radiation so as to provide for: (1) compatibility with standards and regulatory programs of the Federal government; (2) an effective system of regulation within the Territory; or (3) a system consonant insofar as possible with those of other states; and (b) T o institute a program to permit devel opment and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public. SOURCE: GC§ 9610. § 31102. Definitions . As used in this Chapter: (a) Radioactive material means any material, solid, liquid or gas, which emits

s consistent with the health and safety of the public. SOURCE: GC§ 9610. § 31102. Definitions . As used in this Chapter: (a) Radioactive material means any material, solid, liquid or gas, which emits ionizing radiation spontane ously; (b) Ionizing radiation means gamma rays and x -rays, beta particles, alpha particles and high -speed nuclear partic les;COL12010610GCA HEALTH ANDSAFETY CH.31RADIOLOGICAL HEAL TH 2(c) Sour ce of ionizing radiation means a device or material that emits ionizing radiation; (d) Registration means registration by a person possessing a radiation machine; (e) General license means a license effective pursu ant to rules and promulgated by the De partment without the filing of an application to transfer, acquire, own, possess or use quanti ties of or devices or equip ment utilizing radioac tive material; and (f) Specific license means a license issued after applica tion to use, manufactu re, produce, transfer, receive, acquire, own or possess quantities of or devices or equipment utilizing radioactive material. SOURCE: GC§ 9610.1. § 31103. Cooperative Agreements.

on to use, manufactu re, produce, transfer, receive, acquire, own or possess quantities of or devices or equipment utilizing radioactive material. SOURCE: GC§ 9610.1. § 31103. Cooperative Agreements. (a) The Governor may enter into agreements with the Federal government wh ereby the Department shall perform for or on a coopera tive basis with the Federal government inspections, sei zures, environmental monitoring or other functions relating to control of sources of radiation, including ionizing and non -ionizing radiation fro m electronic products regulated by the Federal Radiation Control for Health and Safety Act of 1968. (b) An agreement entered into pursuant to Subsection (a) shall not transfer, delegate or impose upon the Depart ment any power, authori tyor responsibili ty that is not fully consistent with this Chapter . SOURCE: GC§ 9610.2. § 31104. Duties of the Department. (a) The Depart ment is designated as the radiation control agency for Guam and shall coordinate radiation control programs of government of Guam a gencies acting within their statutory authorities. (b) Pursuant to rules promulgated under this Chapter , the Department shall require licensing and

radiation control programs of government of Guam a gencies acting within their statutory authorities. (b) Pursuant to rules promulgated under this Chapter , the Department shall require licensing and registration of radioactive materials and other sources of ionizing radiation and maintain a file on such ap plication including approvals and denials. (c) The Department may develop and conduct pro grams for evaluation and control of hazards associated with the use of radioactive materials and other sources of ionizing radiation. COL12010610GCA HEALTH ANDSAFETY CH.31RADIOLOGICAL HEAL TH 3SOURCE: GC§ 9610.3. § 31105. E mergency. When the Director finds that an emergency exists requiring immediate action to protect occupational or public health and safety , he may issue an order , without notice or hearing, citing the existence of the emergency and providing for the prote ction of public health and safety . Notwithstanding the provisions of this Chapter, the order shall be effective immediately . A person to whom the order is directed shall comply therewith immedi ately but on application to the Director , shall be afforded a hearing within fifteen (15) days.

shall be effective immediately . A person to whom the order is directed shall comply therewith immedi ately but on application to the Director , shall be afforded a hearing within fifteen (15) days. On the basis of the hear ing, the emergency order shall be continued, modified or revoked within thirty (30) days after the hearing. SOURCE: GC§ 9610.4. § 31106. Inspection. (a) The Director may enter, at all reasonabl e times, upon any private or public property , upon which sources of ionizing radiation are reasonably believed to be located, with the permission of the owner or custodian thereof, to determine if there is compliance with or violation of this Chapte r, ruleand license. (b) If the Director has reasonable or proba ble cause to believe that a violation of this Chapter is being committed on any private or public property or that there exists on such property evidence of a violation and permission to enter the reon has been denied by the owner or custodian thereof, he may apply to the proper judicial officer for a warrant commanding the Guam Police Department, with the aid of the Department, to search the property and seize any source of ionizing radiation that is pos -

ply to the proper judicial officer for a warrant commanding the Guam Police Department, with the aid of the Department, to search the property and seize any source of ionizing radiation that is pos - sessed, con trolled or used wholly or partially in violation of this Chapter or any rule or license or any evidence of a viola tion of this Chapter or any rule or license. SOURCE: GC§ 9610.5. NOTE: References to 'Department of Public Safety' chang ed to Guam Police Department pursuant to P .L. 17 -78:1, which repealed '5102 GC providing for the Depart ment of Public Safety and reenacted '5102 establishing the Guam Police Department. § 31107. Collection of Environmental Data . The Depart ment shall op erate and collect data from environ mental monitoring systems in the environs of facilities which emit or could emit significant quantities of radioac tive material effluent to measure the effect COL12010610GCA HEALTH ANDSAFETY CH.31RADIOLOGICAL HEAL TH 4on public health and safety . The Department shall receive an d coordinate radiation data collected by other government of Guam agencies. SOURCE: GC§ 9610.6. § 31108. Rules and Regulations.

HEAL TH 4on public health and safety . The Department shall receive an d coordinate radiation data collected by other government of Guam agencies. SOURCE: GC§ 9610.6. § 31108. Rules and Regulations. (a) The Director shall promulgate rules and regulations providing for general or specific license or registration, or exempti on therefrom, for radio - active materials and other sources of ionizing radia tion. Such rules and regulations shall also provide for amendment, suspension or revocation of licenses. In connection therewith, he may , by rule, establish require ments for reco rd keeping, personnel monitoring and exposure records, pe rmissible levels of exposure, notifica tion and reports of accidents, technical qualifi - cations of personnel, handling, transportation, storage, waste disposal, posting and labeling of hazardous sou rces and areas, surveys and monitoring. (b) The rules and regulations shall not limit the intentional required exposure of patients to radiation for the purpose of medical diagnosis, medical therapy or research conducted by li censed members of the heali ng arts.

tions shall not limit the intentional required exposure of patients to radiation for the purpose of medical diagnosis, medical therapy or research conducted by li censed members of the heali ng arts. (c) In promulgating rules and regulations pursuant to this Chapter , the Director shall avoid requiring dual licensing, insofar as practi cable. Rules promulgated by the Director may provide for recognition of other state or Federal licenses as t he Director may deem desirable, subject to such registration requirements as the Director may prescribe. Any person who possesses a license issued by the Federal govern ment for a source of ionizing radiation of the type for which the state assumes regula tory responsi bility under such agreement, shall be deemed to posse ss an identical license pursuant to this Chapter which license shall expire either nine ty (90) days after receipt of a written notice of termination from the Department or on the date of ex piration stated in the Federal license, whichever is the earlier. (d) The Director shall establish by rules and regula tions a schedule of fees which shall be paid by applicants for specific licenses for radioactive materials and devices

, whichever is the earlier. (d) The Director shall establish by rules and regula tions a schedule of fees which shall be paid by applicants for specific licenses for radioactive materials and devices and equipment ut ilizing such materials. (e) The Director shall establish by rules and regula tions a schedule of fees which shall be paid by applicants for specific licenses for other sources of ionizing radiation and the renewal thereof and by persons possessing source s of ionizing radiation which are subject to registra tion. If the COL12010610GCA HEALTH ANDSAFETY CH.31RADIOLOGICAL HEAL TH 5Director does not inspect a source of ionizing radiation for a period of five (5) consecutive years, the licensee or registrant of such source of ionizing radiation shall be ex cused from p ayment of future license or regis tration fees as to such source of ionizing radiation until the first license or regis - tration renewal date following the time an inspection thereof is made. (f) Adepartment, agency or official thereof may not license, r egulate or require the regis tration of any radioac tive materials or other sources of ionizing radiation.

n inspection thereof is made. (f) Adepartment, agency or official thereof may not license, r egulate or require the regis tration of any radioac tive materials or other sources of ionizing radiation. (g) All fees collected under this Chapter shall be deposited in the General Fund. SOURCE: GC§ 9610.7. § 31109. Violations. If, after thorough i nvestigation by the Department, it is the judgment of the Department that a person has en gaged in or is about to engage in any acts or practice which constitute a violation of this Chapter or any rules and regulations, the Attor ney General, at the reque st of the Department, shall make application to the Superior Court for an order enjoining such acts or practices or for an order directing compliance with this Subchap ter and rules and regulations issued hereunder . SOURCE: GC§ 9610.8. § 31110. Prohibite d Use. (a) A person shall not manu facture, produce, transport, transfer, dispose of, acquire, own, possess or use any radioactive material or other source of ionizing radiation unless license, registered or exempted by the Department. (b) A person who violates this Section is guilty of a misdemeanor.

sess or use any radioactive material or other source of ionizing radiation unless license, registered or exempted by the Department. (b) A person who violates this Section is guilty of a misdemeanor. (c) This Section shall not be effective until ninety (90) days after rules and regulations have been adopted under this Chapter requiring sources of ionizing radiation to be licensed or registered by the D epartment. SOURCE: GC§ 9610.9. § 311 11. Exemption. This Chapter shall not apply to the following sources or conditions, except as noted: (a) Electrical or other equipment or material that is not intended primarily to produce radia tion and that, by natu re of design, does not COL12010610GCA HEALTH ANDSAFETY CH.31RADIOLOGICAL HEAL TH 6produce radiation at the point of nearest ap proach at a weekly rate higher than one -tenth (1/10) of the appropriate limit generally accepted by the medical profession for any critical organ exposed. The production te sting or product ion servicing of such equip ment is not exempt; (b) Radiation machines during process of manufacture, in storage or transit.

fession for any critical organ exposed. The production te sting or product ion servicing of such equip ment is not exempt; (b) Radiation machines during process of manufacture, in storage or transit. The produc tion testing or production servicing of such machines is not exempt; (c) Any radioactive material while being transporte d under the jurisdiction of and in conformity with regulations adopted by the Nuclear Regulatory Commission or Depart ment of Transportation or their successors, specifically applicable to the transportation of such radioac tive materi als; (d) Any product ion or utilization facility , as defined in the Federal Atomic Energy Act of 1954, as amended, or, any source of ionizing radiation used in or in connection with the operation of a production or utilization facility pursuant to a license from the Nuclear Re gulato ry Commis sion or any successor thereto, except that the Department may collect radiation data and perform environmental monitoring in connec tion with the operation of any such facility , in accordance with this Subchapter; (e) Sound and radio waves and visible, infrared and ultraviolet light; and (f) Any source material, by product material

n with the operation of any such facility , in accordance with this Subchapter; (e) Sound and radio waves and visible, infrared and ultraviolet light; and (f) Any source material, by product material or special nuclear material over which the Nuclear Regulatory Commission or any successor thereto has exclusive regula tory jurisdiction under the Federal Energy Act of 1954, as amended. SOURCE: GC§ 9610.10. ----------COL120106