Feed for /1995/statutes/statutes/254 PDF
254.31 History History: 1977 c. 29; 1985 a. 29; 1993 a. 27 ss. 227, 477; Stats. 1993 s. 254.31; 1993 a. 491.
254.33 254.33 Public policy. 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.
254.33 History History: 1985 a. 29; 1993 a. 27 s. 225; Stats. 1993 s. 254.33; 1995 a. 27 ss. 6332, 9116 (5).
254.34 254.34 Powers and duties.
254.34(1)(1) The department and the department of commerce shall:
254.34(1)(a) (a) 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).
254.34(1)(b) (b) Administer this subchapter and the rules promulgated under this subchapter.
254.34(1)(c) (c) Develop comprehensive policies and programs for the evaluation and determination of hazards associated with the use of radiation, and for their amelioration.
254.34(1)(d) (d) 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.
254.34(1)(e) (e) 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.
254.34(1)(f) (f) Collect and disseminate health education information relating to radiation protection as it deems proper.
254.34(1)(g) (g) 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.
254.34(1)(h) (h) With respect to radon and with the department serving as the lead agency, do all of the following:
254.34(1)(h)1. 1. Develop and disseminate current radon information to the news media, builders, realtors and the general public.
254.34(1)(h)2. 2. 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.
254.34(1)(h)3. 3. 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.
254.34(1)(h)4. 4. Develop training materials and conduct training of staff of local health departments, building contractors and others in radon diagnosis and mitigation methods.
254.34(2) (2) The department, serving as the lead agency, and the department of commerce may:
254.34(2)(a) (a) Enter, at all reasonable times, any private or public property for the purpose of investigating conditions relating to radiation control.
254.34(2)(b) (b) 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.
254.34(4) (4) 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.
254.34 History History: 1985 a. 29; 1985 a. 182 s. 57; 1987 a. 399; 1989 a. 31; 1993 a. 27 s. 228; Stats. 1993 s. 254.34; 1995 a. 27 ss. 6333, 6334, 9116 (5).
254.35 254.35 Registration of ionizing radiation installations.
254.35(1)(1)Application. 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.
254.35(2) (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.
254.35(3) (3)Fees.
254.35(3)(a)(a) An annual registration fee under pars. (b) to (f) 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.
254.35(3)(b) (b) 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.
254.35(3)(c) (c) 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.
254.35(3)(d) (d) 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.
254.35(3)(f) (f) 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.
254.35(3)(g) (g) 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.
254.35(4) (4)Exemptions. 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.
254.35 History History: 1977 c. 29; 1979 c. 221; 1985 a. 29; 1989 a. 359; 1993 a. 27 s. 229; Stats. 1993 s. 254.35; 1995 a. 27 ss. 6335, 9116 (5).
254.36 254.36 Radiation protection council.
254.36(1) (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.
254.36(2) (2) 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) and 293.25.
254.36(3) (3) 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:
254.36(3)(a) (a) Comment on reports, programs and regulations.
254.36(3)(b) (b) Recommend new departmental programs, including educational programs or changes in existing programs to the secretary.
254.36(3)(c) (c) 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.
254.36(3)(d) (d) 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.
254.36(3)(e) (e) 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.
254.36(3)(f) (f) Recommend to the secretary methods to improve inspection and examination of X-ray apparatus.
254.36(4) (4) The council shall upon request provide other state agencies or local governments with technical assistance on radiation-related policies and programs.
254.36(5) (5) 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.
254.36(6) (6) 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.
254.36(7) (7) 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.
254.36 History History: 1979 c. 320; 1981 c. 86; 1983 a. 27 s. 2202 (38); 1985 a. 29 s. 3202 (1); 1987 a. 399; 1993 a. 27 s. 230; Stats. 1993 s. 254.36; 1995 a. 227, 378.
254.37 254.37 Enforcement.
254.37(1)(1)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.
254.37(2) (2)Orders. 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.
254.37(3) (3)Rules. 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.
254.37(4) (4)Enforcement. 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.
254.37 History History: 1993 a. 27 s. 231; Stats. 1993 s. 254.37; 1995 a. 27 ss. 6336 to 6338, 9116 (5).
254.38 254.38 Impounding materials. 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.
254.38 History History: 1985 a. 29; 1993 a. 27 s. 232; Stats. 1993 s. 254.38; 1995 a. 27 ss. 6339, 9116 (5).
254.39 254.39 Exceptions.
254.39(1)(1) 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.
254.39(2) (2) This subchapter does not apply to on-site activities of any nuclear reactor plant licensed by the nuclear regulatory commission.
254.39 History History: 1977 c. 29; 1991 a. 178; 1993 a. 27 s. 233; Stats. 1993 s. 254.39.
254.41 254.41 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.
254.41 History History: 1979 c. 221; 1983 a. 27; 1993 a. 27 s. 235; Stats. 1993 s. 254.41.
254.45 254.45 Penalties. Any person who violates any provision of this subchapter or any rule or order of the department, or of the department of commerce, issued under this subchapter shall forfeit not less than $10 nor more than $500. Each day of continued violation after notice of the fact that a violation is being committed shall be considered a separate offense. If the injury or death of an employe is caused by a failure of an employer to observe or enforce any rule issued under this subchapter, compensation and death benefits shall be increased by 15% as provided in s. 102.57.
254.45 History History: 1993 a. 27 s. 234; Stats. 1993 s. 254.45; 1995 a. 27 ss. 6340, 9116 (5).
subch. IV of ch. 254 SUBCHAPTER IV
RECREATIONAL SANITATION
254.46 254.46 Beaches. The department or a local health department shall close or restrict swimming, diving and recreational bathing if a human health hazard exists in any area used for those purposes on a body of water and on associated land and shall require the posting of the area.
254.46 History History: 1993 a. 27.
254.47 254.47 Recreational permits and fees.
254.47(1) (1) The department or a local health department granted agent status under s. 254.69 (2) shall issue permits to and regulate campgrounds and camping resorts, recreational and educational camps and public swimming pools. No person or state or local government who has not been issued a permit under this section may conduct, maintain, manage or operate a campground and camping resort, recreational camp and educational camp or public swimming pool, as defined by departmental rule.
254.47(2) (2) A separate permit is required for each campground, camping resort, recreational and educational camp and public swimming pool. No permit issued under this section is transferable from one premises to another or from one person, state or local government to another, except that the permit may be transferred from an individual to an immediate family member, as defined in s. 254.64 (4) (a), if the individual is transferring operation of the campground, camping resort, recreational and educational camp or public swimming pool to the immediate family member.
254.47(2m) (2m) The initial issuance, renewal or continued validity of a permit issued under this section may be conditioned upon the requirement that the permittee correct a violation of this section, rules promulgated by the department under this section or ordinances adopted under s. 254.69 (2) (g), within a period of time that is specified. If the condition is not met within the specified period of time, the permit is void.
254.47(3) (3) Anyone who violates this section or any rule of the department under this section shall be fined not less than $25 nor more than $250. Anyone who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. The department may also, after a hearing under ch. 227, refuse to issue a permit or suspend or revoke a permit for violation of this section or any rule or order the department issues to implement this section.
254.47(4) (4) Permits issued under this section expire on June 30, except that permits initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year. Except as provided in s. 254.69 (2) (d) and (e), the department shall promulgate rules that establish, for permits issued under this section, permit fees and late fees for untimely permit renewal.
254.47(5) (5) No permit may be issued under this section until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this subsection, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning payment dispute, operation of the establishment in question is deemed to be operation without a permit.
254.47 History History: 1993 a. 16 ss. 2399 to 2401i; 1993 a. 27 ss. 182, 477; 1993 a. 183, 490; 1993 a. 491 s. 280.
subch. V of ch. 254 SUBCHAPTER V
ANIMAL-BORNE AND VECTOR-BORNE
DISEASE CONTROL
254.50 254.50 Definition. In this subchapter, "vector" means a carrier, including an arthropod or an insect, that transfers an infective agent from one host to another.
254.50 History History: 1993 a. 27.
254.51 254.51 Powers and duties.
254.51(1)(1) The state epidemiologist for communicable disease shall take those measures that are necessary for the prevention, surveillance and control of human disease outbreaks associated with animal-borne and vector-borne transmission.
254.51(2) (2) The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of commerce and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.
254.51(3) (3) The department shall promulgate rules that establish measures for prevention, surveillance and control of human disease that is associated with animal-borne and vector-borne disease transmission.
254.51(4) (4) The local health department shall enforce rules that are promulgated under sub. (3).
254.51(5) (5) The local board of health may adopt regulations and recommend enactment of ordinances that set forth requirements for animal-borne and vector-borne disease control to assure a safe level of sanitation, human health hazard control or health protection for the community, including the following:
254.51(5)(a) (a) The control of rats, stray animals, noise and rabies and other diseases.
254.51(5)(b) (b) The control of wildlife, including the keeping of dangerous wild animals, disease transmission and human health hazard control and eradication.
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