Assist the department of commerce with the enforcement of s. 101.123
History: 1993 a. 27
; 1995 a. 27
, 9116 (5)
Enforcement; penalties. 254.30(1)(a)(a)
The department may enter, at any reasonable time, a dwelling or premises undergoing any lead hazard reduction to determine if all persons engaged in lead hazard reduction have been appropriately certified if required under s. 254.176
The department may report any violation of ss. 254.11
or rules promulgated, or orders issued, under those sections to the district attorney of the county in which the dwelling is located. The district attorney shall enforce ss. 254.11
and rules promulgated, and orders issued, under those sections. If a circuit court determines that an owner of a rented or leased dwelling or premises has failed to comply with an order issued under ss. 254.11
, the circuit court may order the occupants of the affected dwelling or premises to withhold rent in escrow until the owner of the dwelling or premises complies with the order.
(c) Sections 254.11
do not limit the ability of the department to require abatement of human health hazards involving lead under s. 254.59
Any person who violates ss. 254.11
or rules promulgated, or orders issued, under those sections may be required to forfeit not less than $100 nor more than $1,000. Each day of continued violation constitutes a separate offense.
Any person who knowingly violates any provision of ss. 254.11
or any rule promulgated, or order issued, under those sections shall be fined not less than $100 nor more than $5,000. The court may place the person on probation under s. 973.09
for a period not to exceed 2 years.
History: 1979 c. 221
; 1987 a. 332
; 1993 a. 27
; Stats. 1993 s. 254.30; 1993 a. 450
In this subchapter:
"By-product material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
"Ionizing radiation" as used in this chapter refers to electromagnetic radiations such as X-rays and gamma rays, or particulate radiations such as electrons or beta particles, protons, neutrons, alpha particles, usually of high energy, but in any case it includes all radiations capable of producing ions directly or indirectly in their passage through matter.
"Nonionizing radiation" means electromagnetic radiation, other than ionizing radiation, and any sonic, ultrasonic or infrasonic wave.
"Nuclear facility" means any reactor plant, any equipment or device used for the separation of the isotopes of uranium or plutonium, the processing or utilizing of radioactive material or handling, processing or packaging waste; any premises, structure, excavation or place of storage or disposition of waste or by-product material; or any equipment used for or in connection with the transportation of such material.
"Radiation" means both ionizing and nonionizing radiation.
"Radiation installation" is any location or facility where radiation machines are used or where radioactive material is produced, transported, stored, disposed of or used for any purpose.
"Radiation machine" is any device that produces radiation when in use.
"Radioactive material" includes any solid, liquid or gaseous substance which emits ionizing radiation spontaneously.
"Radiation source" means a radiation machine or radioactive material as defined herein.
"Source material" means any material except special nuclear material, which contains by weight 0.05 per cent or more of uranium, thorium, or any combination thereof.
"Special nuclear material" means plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the nuclear regulatory commission determines to be special nuclear material; or any material artificially enriched by any of the foregoing. Special nuclear material does not include source material.
"X-ray tube" means any electron tube which is designed for the conversion of electrical energy into X-ray energy.
History: 1977 c. 29
; 1985 a. 29
; 1993 a. 27
; Stats. 1993 s. 254.31; 1993 a. 491
Since radiations and their sources can be instrumental in the improvement of the health and welfare of the public if properly utilized, and may be destructive or detrimental to life or health if carelessly or excessively employed or may detrimentally affect the environment of the state if improperly utilized, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation and to prohibit and prevent exposure to radiation in amounts which are or may be detrimental to health. It is further the policy to advise, consult and cooperate with the department of commerce and other agencies of the state, the federal government, other states and interstate agencies and with affected groups, political subdivisions and industries; and, in general, to conform as nearly as possible to nationally accepted standards in the promulgation and enforcement of rules.
History: 1985 a. 29
; 1993 a. 27
; Stats. 1993 s. 254.33; 1995 a. 27
, 9116 (5)
Powers and duties. 254.34(1)(1)
The department and the department of commerce shall:
Formulate, adopt and enforce, amend and repeal rules, including registration of sources of ionizing radiation, as may be necessary to prohibit and prevent unnecessary radiation. Such rules may incorporate by reference the recommended standards of nationally recognized bodies in the field of radiation protection and other fields of atomic energy, under the procedure established by s. 227.21 (2)
Administer this subchapter and the rules promulgated under this subchapter.
Develop comprehensive policies and programs for the evaluation and determination of hazards associated with the use of radiation, and for their amelioration.
Advise, consult and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions and industries.
Encourage, participate in or conduct studies, investigations, training, research and demonstrations relating to the control of radiation hazards, the measurement of radiation, the effects on health of exposure to radiation and related problems as it deems necessary or advisable for the discharge of its duties under this subchapter.
Collect and disseminate health education information relating to radiation protection as it deems proper.
Review and approve plans and specifications for radiation sources submitted pursuant to rules promulgated under this subchapter; and inspect radiation sources, their shielding and immediate surroundings and records concerning their operation for the determination of any possible radiation hazard.
With respect to radon and with the department serving as the lead agency, do all of the following:
Develop and disseminate current radon information to the news media, builders, realtors and the general public.
Coordinate a program of measuring radon gas accumulation, including use of the radon canister counting system, in educational institutions, nursing homes, low-income housing, public buildings, homes, private industries and public service organizations.
Work with staff of local health departments to perform home surveys and diagnostic measurements and develop mitigation strategies for homes with elevated radon gas levels.
Develop training materials and conduct training of staff of local health departments, building contractors and others in radon diagnosis and mitigation methods.
The department, serving as the lead agency, and the department of commerce may:
Enter, at all reasonable times, any private or public property for the purpose of investigating conditions relating to radiation control.
Accept and utilize grants or other funds or gifts from the federal government and from other sources, public or private, for carrying out its functions under this subchapter. The studies, investigations, training and demonstration may be conducted independently, by contract, or in cooperation with any person or any public or private agency, including any political subdivision of the state.
The department shall develop standards of performance for the regional radon centers and, from the appropriation under s. 20.435 (1) (ed)
, the department shall allocate funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.
Registration of ionizing radiation installations. 254.35(1)(1)
Every site in this state having an ionizing radiation installation, not exempted by this section or the rules of the department shall be registered by the department by January 1, 1964, by the person in control of an installation, including installations in sites that are administered by a state agency or in an institution under the jurisdiction of a state agency, and no such ionizing radiation installation may be operated thereafter unless the site has been duly registered by January 1 of each year and a notice of the registration is possessed by the person in control. Every site having an ionizing radiation installation established in this state after July 20, 1985, shall be registered prior to its operation. The application for registration shall be made on forms provided by the department which shall be devised to obtain any information that is considered necessary for evaluation of hazards. Multiple radiation sources at a single radiation installation and under the control of one person shall be listed on a single registration form. Registration fees shall be levied in accordance with sub. (3)
. Registration alone shall not imply approval of manufacture, storage, use, handling, operation or disposal of the radiation installation or radioactive materials, but shall serve merely to inform the department of the location and character of radiation sources. The department shall furnish the department of commerce with a copy of each amended and new registration. Persons engaged in manufacturing, demonstration, sale, testing or repair of radiation sources shall not be required to list such sources on the registration form.
(2) Amended registration.
If the person in control increases the number of sources, source strength, rated output or energy of radiation produced in any installation, he or she shall notify the department of the increase prior to operation on the revised basis. The department shall record the change in the registration. If the person in control transfers control of the radiation installation to another person the registration also transfers to the other person, who shall notify the department of the transfer within 15 days. The department shall record the change in the registration. If any installation is discontinued, the person in control shall notify the department within 30 days of the discontinuance.
An annual registration fee under pars. (b)
shall be levied for each site registration under this section. An additional penalty fee of $10, regardless of the number of X-ray tubes, shall be required for each registration whenever the annual fee for renewal is not paid prior to expiration of the registration. No additional fee may be required for recording changes in the registration information.
For a medical site having an ionizing radiation installation serving physicians and clinics, osteopaths and clinics, and hospitals that possesses radioactive materials in any quantity, the fee shall be at least $25 for each site and at least $30 for each X-ray tube.
For a chiropractic, podiatric or veterinary site having an ionizing radiation installation, the fee shall be at least $25 for each site and at least $30 for each X-ray tube.
For a dental site having an ionizing radiation installation, the fee shall be at least $25 for each site and at least $20 for each X-ray tube.
For an industrial, school, research project or other site having an ionizing radiation installation and radioactive materials in any quantity, the fee shall be at least $25 for each site and at least $30 for each X-ray tube.
The fees under this subsection shall be as stated unless the department promulgates rules to increase the annual registration fee after January 1, 1986, for a site having an ionizing radiation installation or for an X-ray tube.
The department shall exempt from registration any source licensed by the nuclear regulatory commission and may exempt from registration any source of radiation installation which the department finds to be without undue radiation hazard as determined by standards established by the national committee on radiation protection and measurements or any comparable nationally recognized agency established for the purpose of recommending standards for radiation protection, and after the initial registration may exempt from subsequent annual radiation requirements any source of radiation devoted primarily to industrial purposes.
Radiation protection council. 254.36(1)
The radiation protection council shall provide the department with technical advice and assistance in the administration of this subchapter and in the development of rules.
The department, on the recommendation of the council, shall promulgate a radiation protection code. Other departments and agencies of state government and local governmental units may adopt the identical code, but no other rule, code or ordinance relating to this subject may be promulgated or enacted except as provided under ss. 166.03 (2) (b) 6.
, 293.15 (8)
The council shall monitor the development and implementation of private and local, state and federal government radiation-related policies and programs which may affect the health or well-being of the citizens of the state. These policies and programs include those involving ionizing radiation from X-rays or radioactive materials, nonionizing radiation such as lasers and microwaves, radioactive waste handling and disposal, the transportation of radioactive materials, radioactive air and water pollutants, radiation emergency response planning, the contamination of drinking water systems by radioactive materials, the environmental monitoring of radioactive materials and radon or its products of radioactive decay. As a result of monitoring these policies and programs, the council may:
Comment on reports, programs and regulations.
Recommend new departmental programs, including educational programs or changes in existing programs to the secretary.
Recommend new programs or changes in existing programs in other state agencies. These recommendations shall be transmitted to the secretary who shall forward them to the appropriate agencies.
Recommend that the department of justice intervene in a federal proceeding under s. 165.25 (1)
. This recommendation shall be transmitted to the secretary who shall forward it to the attorney general.
Recommend to the legislature, examining boards or other appropriate bodies methods for minimizing diagnostic radiologic exposure, including methods to minimize unnecessary screening procedures, duplicative procedures, improper radiographic field size and retakes.
Recommend to the secretary methods to improve inspection and examination of X-ray apparatus.
The council shall upon request provide other state agencies or local governments with technical assistance on radiation-related policies and programs.
The council may request other state agencies to send designees to attend meetings or to give advice on matters related to radiation protection concerns which are the responsibility or under the jurisdiction of those agencies.
The council may recommend cooperation and coordination of programs related to radiation protection concerns. These recommendations shall be transmitted to the secretary who shall forward them to the appropriate agencies.
All written recommendations, comments or proposed rules prepared by the council under this section shall be accompanied by any written comments prepared by any council member.
Notification of violation and order of abatement.
Whenever the department or the department of commerce finds, upon inspection and examination, that a source of radiation as constructed, operated or maintained results in a violation of this subchapter or of any rules promulgated under this subchapter, it shall notify the person in control that is causing, allowing or permitting the violation as to the nature of the violation and order that, prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with this subchapter and rules promulgated under this subchapter.
The department or the department of commerce shall issue and enforce such orders or modifications of previously issued orders as may be required in connection with proceedings under this subchapter. The orders shall be subject to review by the department upon petition of the persons affected. Whenever the department or the department of commerce finds that a condition exists which constitutes an immediate threat to health due to violation of this subchapter or any rule or order promulgated under this subchapter, it may issue an order reciting the existence of the threat and the findings pertaining to the threat. The department or the department of commerce may summarily cause the abatement of the violation.
The department shall enforce the rules pertaining to ionizing radiation in establishments principally engaged in furnishing medical, surgical, chiropractic and other health services to persons and animals. The department of commerce shall enforce the rules pertaining to ionizing radiation in industrial establishments. The department shall notify the department of commerce and deliver to it a copy of each new registration and at such time a decision shall be made as to which state agency shall enforce the rules pertaining to ionizing radiation. The department and the department of commerce are directed to consult with the radiation protection council in case of jurisdictional problems.
All orders issued under this subchapter shall be enforced by the attorney general. The circuit court of Dane county shall have jurisdiction to enforce the orders by injunctional and other appropriate relief.
History: 1993 a. 27
; Stats. 1993 s. 254.37; 1995 a. 27
, 9116 (5)
The department or department of commerce may impound or order the sequestration of sources of radiation in the possession of any person who is not equipped to observe or who fails to observe safety standards to protect health that are established in rules promulgated by the department or the department of commerce.
History: 1985 a. 29
; 1993 a. 27
; Stats. 1993 s. 254.38; 1995 a. 27
, 9116 (5)
Nothing in this subchapter may be interpreted as limiting intentional exposure of persons to radiation for the purpose of analysis, diagnosis, therapy, and medical, chiropractic or dental research as authorized by law.
This subchapter does not apply to on-site activities of any nuclear reactor plant licensed by the nuclear regulatory commission.
History: 1977 c. 29
; 1991 a. 178
; 1993 a. 27
; Stats. 1993 s. 254.39.
Radiation monitoring of nuclear power plants.
The department shall take environmental samples to test for radiation emission in any area of the state within 20 miles of a nuclear power plant. The department shall charge the owners of each nuclear power plant in the state an annual fee of $30,000 per plant, commencing in fiscal year 1983-84, to finance radiation monitoring under this section. The department may change this annual fee by rule.
History: 1979 c. 221
; 1983 a. 27
; 1993 a. 27
; Stats. 1993 s. 254.41.