254.34 (2) (intro.) of the statutes is amended to read:
254.34 (2) (intro.) The department, serving as the lead agency, and the department of commerce may:
254.34 (4) of the statutes is renumbered 254.34 (1) (h) 5. and amended to read:
254.34 (1) (h) 5. The department shall develop Develop standards of performance for the regional radon centers and, from the appropriation under s. 20.435 (5) (ed), the department shall allocate funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.
254.345 of the statutes is created to read:
254.345 Assessment of Fee. (1) The department may annually assess a fee of 36% of the U.S. nuclear regulatory commission license application fee and materials license annual fee, for any licensee of the U.S. nuclear regulatory commission in this state. The fee amounts shall be used by the department for the department's activities under this subchapter. The department may revise the fee amounts by rule.
(2) This section does not apply after December 31, 2002.
254.35 (1) of the statutes is amended to read:
254.35 (1) Application. Every For every site in this state having that has an ionizing radiation installation, that is 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 the 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 shall, prior to operation, register the ionizing radiation installation with the department. No 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 does not imply approval of manufacture, storage, use, handling, operation or disposal of the radiation installation or radioactive materials, but shall serve serves 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 are not required to list such sources on the registration form.
254.35 (2) of the statutes is amended to read:
254.35 (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. No registration is transferable from one premises to another or from one person to another. If the person in control transfers intends to transfer control of ownership of the radiation installation to another person the registration also transfers to the other person, who, at least 15 days before the final transfer the registrant shall notify the department of the transfer within 15 days. The department shall record the change in the and the intended transferee shall file under sub. (1) an application for registration. If any installation is discontinued, the person in control shall notify the department within 30 days of the discontinuance.
254.35 (3) (title) of the statutes is amended to read:
254.35 (3) (title) Fees
254.35 (3) (a) of the statutes is amended to read:
254.35 (3) (a) An annual registration fee under pars. (b) to (f) (fm) shall be levied for each site registration under this section. An additional penalty fee of $10
$25, regardless of the number of X-ray tubes or generally licensed devices, 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) of the statutes is amended to read:
254.35 (3) (b) For a medical site having an ionizing radiation installation serving physicians and clinics, osteopaths and clinics, and chiropractors or hospitals that possesses radioactive materials in any quantity, the fee shall be at least $25 $36 for each site and at least $30 $44 for each X-ray tube.
254.35 (3) (c) of the statutes is amended to read:
254.35 (3) (c) For a chiropractic, podiatric or veterinary site having an ionizing radiation installation, the fee shall be at least $25 $36 for each site and at least $30 $44 for each X-ray tube.
254.35 (3) (d) of the statutes is amended to read:
254.35 (3) (d) For a dental site having an ionizing radiation installation, the fee shall be at least $25
$36 for each site and at least $20 $30 for each X-ray tube.
254.35 (3) (f) of the statutes is amended to read:
254.35 (3) (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 $36 for each site and at least $30 $44 for each X-ray tube.
254.35 (3) (fm) of the statutes is created to read:
254.35 (3) (fm) For any site that has generally licensed devices that are not exempted by the department, the fee shall be at least $100 for each site and at least $50 for each device that contains at least 370 MBq or 10 mCi of cesium-137; 37 MBq or 1.0 mCi of cobalt-60; 3.7 MBq or 0.1 mCi of strontium-90; or 37 MBq or 1.0 mCi of a transuranic.
254.35 (3) (g) of the statutes is amended to read:
254.35 (3) (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 or for generally licensed devices that are not exempted by the department.
254.35 (4) of the statutes is amended to read:
254.35 (4) Exemptions. The department shall After initial registration under sub. (1), the department may exempt from annual registration any source licensed by the nuclear regulatory commission and may exempt from registration any source of radiation installation which of radiation that 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.
254.36 of the statutes is renumbered 254.34 (1) (am) and amended to read:
254.34 (1) (am) Radiation protection. The department shall promulgate a radiation protection code. Other departments and agencies of state government and A rule identical to a rule specified under par. (a) may be promulgated by a state agency other than the department and an ordinance identical to a rule specified under par. (a) may be enacted by a local governmental units may adopt the identical code unit, but no other rule, code or ordinance relating to this subject may be promulgated or enacted may be promulgated or ordinance may be enacted that differs from a rule under par. (a) and relates to the same subject area except as provided under ss. 166.03 (2) (b) 6., 293.15 (8) and 293.25.
254.365 of the statutes is created to read:
254.365 Licensing of radioactive material. (1) License required. No person may possess, use, manufacture, transport, store, transfer or dispose of radioactive material or a device or item of equipment that uses radioactive material or may operate a site that uses radioactive material that is not under the authority of the U.S. nuclear regulatory commission unless one of the following applies:
(a) The person has a specific license issued by the department.
(b) The person meets general license requirements.
(c) The person possesses a license issued by another state or by the U.S. nuclear regulatory commission that is reciprocally recognized by the department.
(d) The person is exempted from licensure under sub. (7).
(2) Application. Application for a license under sub. (1) (a) or for reciprocal recognition under sub. (1) (c) shall be made on forms provided by the department.
(3) Modification or termination of license. Within 30 days after any change to the information on a license issued under this section, the licensee shall inform the department of the change and the department shall record the changed information. Within 30 days after termination of an activity licensed under this section, the person in control of the activity shall notify the department. The department may require that the person in control submit to the department for approval a plan for decommissioning the activity.
(4) Rules. The department shall promulgate rules for all of the following:
(a) The issuance, modification, suspension, termination and revocation of specific licenses under sub. (1) (a) under the standards specified in s. 254.34 (1) (a).
(b) The requirements for a general license under sub. (1) (b).
(5) Fees and charges. (a) The department may assess fees, the amounts of which are prescribed by the department by rule, for any of the following:
1. Issuance of an initial or renewal specific license under sub. (1) (a).
2. Annual license maintenance.
3. Issuance of a license amendment.
4. Termination of a license.
5. Issuance of reciprocal recognition of a license for radioactive materials of another state or the U.S. nuclear regulatory commission.
(b) The department may assess a late payment charge of 25% of the specific license renewal fee, in addition to the fee under par. (a) for renewal of a specific license, if payment for renewal of a specific license is not made within 30 days after the license expiration date.
(6) Denial, suspension or revocation of licensure. The department may, after a hearing under ch. 227, refuse to issue a license or suspend or revoke a license for failure by the licensee to comply with this subchapter, rules promulgated by the department under this subchapter or any condition of the license.
(7) Exemption. The department may exempt from licensing requirements of this section radioactive material that the department finds is without undue radiation hazard.
254.37 (1) of the statutes is renumbered 254.37 (1) (intro.) and amended to read:
254.37 (1) Notification of violation and order of abatement. (intro.) 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 the department shall
notify do all of the following:
(a) Notify the person in control that is causing, allowing or permitting the violation as to the nature of the violation and order.
(b) 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) of the statutes is amended to read:
254.37 (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 that 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) of the statutes is amended to read:
254.37 (3) Rules. The department shall promulgate and 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.
254.37 (4) of the statutes is amended to read:
254.37 (4) Enforcement Jurisdiction. 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.
254.38 (title) of the statutes is created to read:
254.38 (title) Emergency authority.
254.38 of the statutes is renumbered 254.38 (1) and amended to read:
254.38 (1) 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 (2) of the statutes is created to read:
254.38 (2) Emergency orders. If the department finds that an emergency exists concerning a matter subject to regulation under this subchapter that requires immediate action to protect the public health or safety, the department may issue an emergency order without notice or hearing that recites the existence of the emergency and requires such action as is necessary to mitigate the emergency. Any person to whom the order is issued shall immediately comply with the order. A person to whom an emergency order is issued shall be afforded a hearing within 30 days after receipt by the department of a written request for the hearing. An emergency order is effective upon issuance and remains in effect for up to 90 days after issuance, except that the order may be revoked or modified based on the results of the hearing.
254.39 (2) of the statutes is amended to read:
254.39 (2) This subchapter does not apply to on-site activities of any nuclear reactor plant licensed by the nuclear regulatory commission U.S. nuclear regulatory commission.
254.45 of the statutes is repealed and recreated to read:
254.45 Penalties. (1) General. (a) Any person who violates this subchapter or a rule promulgated under this subchapter or a condition of a license or registration issued by the department under this subchapter may be required to forfeit not less than $100 nor more than $100,000. Each day of continued violation constitutes a separate offense.
(b) The amount of the forfeiture assessed under par. (a) shall be determined by considering all of the following:
1. The wilfulness of the violation.
2. The person's previous violations, if any, of this subchapter, rules promulgated under this subchapter or conditions of a license or registration issued by the department under this subchapter.
3. The potential danger or actual or potential injury to the environment or to public health caused by the violation.
4. The actual or potential costs of the damage or injury caused by the violation.
(2) Assessment of forfeitures; notice. The department may directly assess forfeitures provided for in sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the person. The notice shall specify the amount of the forfeiture assessed and the violation and the statute or rule alleged to have been violated and shall inform the person of the right to hearing under sub. (3).
(3) Hearing. A person upon whom a forfeiture is imposed may contest the action by sending, within 10 days after receipt of notice of a contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227.
(4) Forfeiture payment and disposition. (a) A person against whom the department has assessed a forfeiture shall pay the forfeiture to the department within 10 days after receipt of the notice under sub. (2) or, if the person contests the assessment, within 10 days after receipt of the final decision after exhaustion of administrative review. If the person petitions for judicial review under ch. 227, the person shall pay the forfeiture within 10 days after receipt of the final judicial decision.
(b) The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
(5) Enforcement. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid as required under sub. (4). The only issue to be contested in an action under this subsection is whether the forfeiture has been paid.
Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is created to read:
Investigations of the sale or
gift of cigarettes or
tobacco products to minors
254.911 of the statutes is created to read:
254.911 Definitions. In this subchapter:
(1) "Cigarette" has the meaning given in s. 139.30 (1).
(2) "Governmental regulatory authority" means the department; the local health department, state agency or law enforcement agency with which the department contracts under s. 254.916 (1) (a); or the person with whom the local health department, state agency or law enforcement agency contracts under s. 254.916 (1) (a).
(3) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).