Radiation Protection

Ark. Code Ann. tit. 20, ch. 21

in effect

Ark. Code Ann. § 20-21-201 Declaration of policy.

It is the policy of the State of Arkansas in furtherance of its responsibility to protect the occupational and public health and safety, to protect the environment, and to further the industrial and economic growth of the state: (1) To institute and maintain a regulatory program for sources of ionizing radiation so as to provide: (A) Compatibility and consistency with the standards and regulatory programs of the United States Government; (B) A single effective system of regulation within the state; and (C) A system consonant insofar as possible with those of other states; and (2) To institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public.

Ark. Code Ann. § 20-21-203 Definitions.

As used in this subchapter: (1) “Accelerator or particle accelerator, medical” means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is used for medical purposes; (2) “Accelerator or particle accelerator, nonmedical” means a device used to impart kinetic energy of not greater than one hundred megaelectronvolts (100 MeV) to electrically charged particles such as electrons, protons, deuterons, and helium ions, and which is not used for medical purposes; (3) “Accelerator-produced radioactive material” means any material made radioactive, so as to emit radiation spontaneously, by a particle accelerator; (4) “Assembler” means any person who is engaged in the business of installing or offering to install radiation machines or components associated with radiation machines; (5) “By-product material” means: (A) 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; (B) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute by-product material within this definition; (C)(i) Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on or after August 8, 2005, for use for a commercial, medical, or research activity; or (ii) Any material that: (a) Has been made radioactive by use of a particle accelerator; and (b) Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and (D) Any discrete source of naturally occurring radioactive material, other than source material, that: (i) The United States Nuclear Regulatory Commission, in consultation with the Administrator of the United States Environmental Protection Agency, the United States Secretary of Energy, the United States Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and (ii) Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity; (6) “Calibration sources — consulting services” means any individual, group of individuals, or company possessing a sealed radioactive source used for the calibration of radiation-measuring instruments or devices as authorized by a radioactive material license; (7) “Civil penalty” means any monetary penalty levied on a licensee or registrant because of violation of statutes, rules, licenses, or registration certificates but does not include criminal penalties; (8) "Closure" means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance, and monitoring are necessary at the site following termination of licensed operation; (9) “Decommissioning” means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for post- operational care; (10) “Dental radiographic unit” means any X-ray device that is subject to the requirements for intraoral dental radiographic systems set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health; (11) “Gas chromatograph and X-ray fluorescence devices” means analytical laboratory instruments designed for qualitative and quantitative analysis using radioactive material as a component of the instrument detector or as a fluorescence excitation source; (12)(A) “General license” means a license effective pursuant to rules promulgated by the State Radiation Control Agency without the filing of an application with the Department of Health or the issuance of licensing documents to particular persons to transfer, acquire, own, possess, or use quantities of radioactive material or devices or equipment utilizing radioactive material. (B) “Specific license” means a license issued to a named person upon application filed pursuant to rules promulgated under this subchapter to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of radioactive material or equipment utilizing radioactive material. (C) “Academic broad license” means any radioactive material license issued to a college or university and subject to the special requirements for “specific licenses of broad scope” as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health. (D) “Academic radioactive material license” means any radioactive material license issued to a college or university, excluding academic broad licenses; (13) “High-level radioactive waste” means: (A) Irradiated reactor fuel; (B) Liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel; and (C) Solids into which such liquid wastes have been converted; (14) “Industrial units” means X-ray machines used within the manufacturing industry and other industries and in industrial radiography; (15) “In vitro laboratory testing” means nonhuman use of radioactive material for laboratory testing in accordance with a general license authorized by the rules for control of sources of ionizing radiation promulgated by the State Board of Health; (16) “Ionizing radiation” means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but does not include sound or radio waves or visible, infrared, or ultraviolet light; (17) “Irradiator” means a device or facility which contains and uses sealed sources for the irradiation of objects or materials; (18) “Low-level radioactive waste” means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e. (2) of the Atomic Energy Act of 1954; (19) “Mobile nuclear medicine service” means the transportation and medical use of by-product material and diagnostic instrumentation; (20) “Naturally occurring radioactive material” means any material of natural origin that emits radiation spontaneously, excluding uranium, thorium, and the tailings produced in their extraction or concentration; (21) “Nuclear gauge” means a device that uses radioactive material as a means of measurement or testing; (22) “Nuclear medicine” means human use of radioactive material for diagnostic or therapeutic purposes, not including radioisotope teletherapy; (23) “Nuclear pharmacy” means a facility licensed by the Arkansas State Board of Pharmacy for the purpose of compounding and dispensing prescription drugs which contain or are intended to be used with radioactive material. In addition, the facility is intended to provide service for more than one (1) medical licensee; (24) “Panoramic wet source storage irradiator” means a controlled human access irradiator in which the sealed source is contained in a storage pool, usually containing water, and in which the sealed source is fully shielded when not in use. The sealed source is exposed within a radiation room that is maintained as inaccessible during use by interlocked controls; (25) “Person” means: (A) Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency of this state, political subdivision of this state, of any other state or political subdivision or agency thereof; and (B) Any legal successor, representative, agent, or agency of the foregoing, but not including United States Government agencies; (26) “Physician” means a doctor of medicine or doctor of osteopathy licensed by the Arkansas State Medical Board to prescribe drugs in the practice of medicine; (27) “Private practice” means any use of radioactive material subject to the requirements for licensing of individual physicians for human use of radioactive materials as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health ; (28) “Radiation equipment” means any manufactured product or device, or component part of a product or device, or any machine or system which during operation can generate or emit ionizing radiation, except those which emit radiation only from radioactive material; (29)(A) “Radioactive material” means any material, whether solid, liquid, or gas, which emits ionizing radiation spontaneously. (B) “Radioactive material” includes by-product, naturally occurring, source, and special nuclear materials; (30) “Radioactive waste management” means storage, treatment, or disposal of radioactive wastes; (31) “Radiography” means the examination of the macroscopic structure of materials by nondestructive methods utilizing sources of ionizing radiation; (32)(A) “Radioisotope teletherapy” means the use of radiation from a sealed radioactive source for medical treatment. (B) "Radioisotope teletherapy" does not include radiation from sealed radioactive sources implanted within individuals or on- surface contact with individuals; (33) “Reciprocity” means the reciprocal recognition of licenses, registrations, or the equivalent issued by the United States Nuclear Regulatory Commission or any agreement state other than Arkansas, subject to provisions for reciprocal recognition of licenses, registrations, or the equivalent as set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health; (34) “Registration” means registration with the Department of Health in accordance with rules promulgated by the State Board of Health; (35) “Service personnel” means any person who is engaged in the business of offering or performing: (A) Repair or service of radiation machines and associated radiation machine components; (B) Repair or service of devices containing radioactive material; (C) Calibration of radiation machines; (D) Calibration of radiation instrumentation or devices; or (E) Furnishing personnel dosimetry services to State Radiation Control Agency licensees or registrants; (36)(A) “Source material” means: (i) Uranium, thorium, or any combination thereof, in any physical or chemical form; or (ii) Ores that contain by weight one-twentieth of one percent (0.05%) or more of uranium, thorium, or any combination thereof. (B) "Source material" does not include special nuclear material; (37) “Sources of radiation” means, collectively, radioactive material and radiation equipment; (38) “Special nuclear material” means: (A) Plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States Nuclear Regulatory Commission under the provisions of § 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material but does not include source material; or (B) Any material artificially enriched by any of the foregoing but does not include source material; (39)(A) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least one (1) year's decay since being used as a source of energy in a power reactor, and has not been chemically separated into its constituent elements by reprocessing. (B) "Spent nuclear fuel" includes special nuclear material, by-product material, source material, and other radioactive material associated with fuel assemblies; (40) "Transuranic waste" means radioactive waste containing alpha-emitting transuranic elements, with radioactive half-lives greater than five (5) years, in excess of ten (10) nanocuries per gram; (41) “Veterinary medicine radiographic systems” means any X- ray device that is subject to the requirements for veterinary medicine radiographic installations set forth in the rules for control of sources of ionizing radiation promulgated by the State Board of Health; (42) “Wireline service operation” means any evaluation or mechanical service which is performed in a wellbore, using devices on a wireline; and (43) “X-ray tube” means any electron tube which is designed to be used primarily for the production of X-rays.

Ark. Code Ann. § 20-21-204 Penalties.

(a) Criminal Penalties. Any person who willfully violates any of the provisions of this subchapter or rules or orders in effect pursuant thereto shall be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment. (b) Civil Penalties. (1) Any person may be subject to a civil penalty, to be imposed by the State Radiation Control Agency, not to exceed five thousand dollars ($5,000), that: (A) Violates any licensing or registration provision of this subchapter or any rule or order issued under this subchapter, or any term, condition, or limitation of any license or registration certificate issued thereunder; or (B) Commits any violation for which a license or registration certificate may be revoked under rules issued pursuant to this subchapter. (2) If any violation is a continuing one, each day of the violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (3) The agency shall have the authority to compromise, mitigate, or remit penalties. (4) Whenever the agency proposes to subject a person to the imposition of a civil penalty under this subsection, the agency shall notify the person in writing: (A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provisions of the section, rule, order, license, or registration certificate involved in the violation; and (C) Advising of each penalty which the agency proposes to impose and its amount. (5)(A) The written notice shall be sent by registered or certified mail by the agency to the last known address of the person. (B) The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the agency shall by rule prescribe, why the penalty should not be imposed. (C) The notice shall also advise the person that upon failure to pay the civil penalty subsequently determined by the agency, if any, the penalty may be collected by civil action. (6)(A) Upon the request of the agency, the Attorney General may institute civil action to collect a penalty imposed pursuant to this subsection. (B) The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him or her for collection. (7)(A) All moneys collected from civil penalties shall be paid to the Treasurer of State for deposit into the General Revenue Fund Account of the State Apportionment Fund. (B) Moneys collected from civil penalties shall not be used for normal operating expenses of the agency except as appropriations are made from the General Revenue Fund Account of the State Apportionment Fund in the normal budgetary process.

Ark. Code Ann. § 20-21-205 Enforcement.

(a)(1) The State Radiation Control Agency or its authorized representative shall for reasonable cause have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of this subchapter and rules issued under this subchapter. (2) However, entry into areas under the jurisdiction of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative. (b) In the event of an emergency, the agency shall have the authority to impound or order the impounding of sources of ionizing radiation which is in the possession of any person that is not equipped to observe or fails to observe the provisions of this subchapter or any rules issued under this subchapter. (c) Whenever in the judgment of the agency any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, the Attorney General, upon written notice thereof by the agency, shall make application to a court of competent jurisdiction for an order enjoining the acts or practices or for an order directing compliance, and upon a showing by the agency that the person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.

Ark. Code Ann. § 20-21-206 State Radiation Control Agency — Designation — Employees.

(a) The State Board of Health is designated as the State Radiation Control Agency. (b) The Secretary of the Department of Health shall designate an individual to perform the functions vested in the agency pursuant to this subchapter. (c) In accordance with the laws of this state, the agency may employ, compensate, and prescribe the powers and duties of such individuals and consultants as may be necessary to carry out this subchapter.

Ark. Code Ann. § 20-21-207 State Radiation Control Agency — Powers and duties generally.

(a) For the protection of the occupational and public health and safety, the State Radiation Control Agency shall: (1) Develop programs for evaluation and control of hazards associated with the use of sources of ionizing radiation; (2) Develop programs, with due regard for compatibility with federal programs, for regulation of radioactive material and for regulation of radiation equipment; (3) Formulate, adopt, promulgate, and repeal codes and rules which may provide for licensing or registration relating to control, storage, or disposal of sources of ionizing radiation with due regard for compatibility with the regulatory programs of the United States Government; (4) Issue such orders or modifications as may be necessary in connection with proceedings under this subchapter. This power is intended for use in conjunction with any licensing or registration authority; (5) Advise, consult, and cooperate with other agencies of the state, the United States Government, other states and interstate agencies, political subdivisions, and groups concerned with control of sources of ionizing radiation; (6) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government and from other sources, public or private; (7) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation; and (8) Collect and disseminate information relating to control of sources of ionizing radiation, including: (A) Maintenance of a file of all license or registration applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (B) Maintenance of a file of general license registrants possessing sources of ionizing radiation requiring registration under this subchapter and any administrative or judicial action pertaining thereto; and (C) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon. (b)(1) The State Radiation Control Agency is authorized to acquire by purchase, acceptance, or condemnation, for and on behalf of the State of Arkansas, any lands, buildings, and grounds where radioactive by- products and wastes produced by industrial, medical, agricultural, scientific, or other organizations can be concentrated, stored, or otherwise disposed of in a manner consistent with public health and safety. (2) The State Radiation Control Agency may exercise its power to condemn as prescribed by law for condemnation by the Arkansas Department of Transportation in § 27-67-301 et seq. (3) The State Radiation Control Agency shall not approve any application for a license to receive radioactive waste from other persons for disposal on land not owned by the state or the United States Government. (c)(1)(A) For licensed activities involving commercial burial of radioactive waste, the State Radiation Control Agency shall, and for other classes of licensed activity the State Radiation Control Agency may, establish by rule standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the State Radiation Control Agency for the decontamination, closure, decommissioning, and reclamation of sites, structures, and equipment used in conjunction with such licensed activity, in case the licensee should default for any reason in performing such requirements. (B)(i) All sureties required under subdivision (c)(1)(A) of this section that are forfeited shall be paid to the State Radiation Control Agency for deposit by the Treasurer of State in a special fund called the "Radiation Site Closure and Reclamation Fund". (ii) All moneys in the Radiation Site Closure and Reclamation Fund are appropriated to and may be expended by the State Radiation Control Agency as necessary to complete such requirements on which licensees have defaulted. (iii) Moneys in the Radiation Site Closure and Reclamation Fund shall not be used for normal operating expenses of the State Radiation Control Agency. (2)(A) The State Radiation Control Agency shall allow the Secretary of the Department of Health or his or her authorized representative to require a licensee to deposit funds on an annual, semiannual, or quarterly basis into a trust fund established for the exclusive purpose set out in this subdivision (c)(2). (B) The Perpetual Maintenance Fund shall be defined so as to embrace each of the following: (i) A source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a radioactive waste concentration, storage, and disposal site as described in subsection (b) of this section or a source of revenue to provide for the continuing long-term surveillance, maintenance, and other care of a formerly licensed activity still containing or having associated with it radioactive material, the activity having ceased to operate by reason of default, abandonment, or decommissioning; (ii) The Perpetual Maintenance Fund shall have two (2) inputs: (a) Fees which are contributed by the lessee or licensee resulting from the operation of concentrating, storing, or disposing of radioactive material as set forth in subsection (b) of this section; and (b)(1) Moneys accrued as interest on a trust fund established by a licensee. (2) All trust fund moneys including moneys accrued as interest on the trust fund, shall be automatically transferred to the Perpetual Maintenance Fund in the event of default, abandonment, or decommissioning; (iii) Moneys in the Perpetual Maintenance Fund shall be appropriated to the State Radiation Control Agency for use in a way consonant with this subchapter, including such items as long-term site surveillance, maintenance, and other care; and (iv) All licensee contributions to the Perpetual Maintenance Fund shall be payable to the secretary and deposited by the Treasurer of State. (C)(i) To provide for the proper care and surveillance of licensed sites subject to subdivision (c)(2)(B)(i) of this section, the state shall have the right to acquire by gift, transfer, purchase, or condemnation from another government agency or private person any lands, buildings, and grounds necessary to fulfill the purposes of this section. (ii) Any gift, transfer, purchase, or condemnation shall be subsequently subject to be approved and accepted by the state. (D)(i) The funds required by this subdivision (c)(2) shall be established at such rate that interest on the sum of all funds reasonably anticipated as payable shall provide an annual amount equal to the anticipated reasonable costs necessary to maintain, monitor, and otherwise supervise and care for the lands and facilities as required in the interest of public health and safety. (ii) In arriving at the rate of funds to be deposited, the State Radiation Control Agency shall consider the nature of the licensed material, size and type of activity, estimated future receipts, and estimated future expenses of maintenance, monitoring, and supervision. (E)(i) Recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department , all lands, buildings, and grounds acquired by the state under subdivision (c)(2)(C) of this section shall be owned in fee simple absolute by the state for purposes stated in subdivision (c)(2)(C) of this section. (ii) All radioactive material received at the site and located therein at time of acquisition of ownership by the state becomes the property of the state. (F)(i) If a person licensed by any governmental agency other than the State of Arkansas desires to transfer a site to the state for the purpose of administering or providing long-term care, a lump- sum deposit shall be made to a trust fund. (ii) The amount of the deposit shall be determined by the secretary, taking into consideration the factors stated in subdivision (c)(2)(D) of this section. (3) The sureties or other financial arrangements and funds required by subdivisions (c)(1) and (2) of this section shall be established in amounts sufficient to ensure compliance with those standards, if any, established by the United States Nuclear Regulatory Commission pertaining to closure, decommissioning, reclamation, and long-term site surveillance and care of such facilities and sites. (4) All state, local, or other governmental agencies or subdivisions shall be exempt from the requirements of subdivisions (c)(1) and (2) of this section. (5) The State Radiation Control Agency may by contract, agreement, lease, or license with any person, including another state agency, provide for the decontamination, closure, decommissioning, reclamation, surveillance, or other care of a site subject to subsection (c) of this section as needed to carry out the purposes of this section.

Ark. Code Ann. § 20-21-208 State Radiation Control Agency — Powers and duties — Ionizing radiation.

(a) The State Radiation Control Agency may require registration or licensing of other sources of ionizing radiation. (b) The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this subchapter when the agency finds that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public or to the environment.

Ark. Code Ann. § 20-21-209 State Radiation Control Agency — Recognition of other licenses or registrations.

Ark. Code Ann. § 20-21-210 State Radiation Control Agency — Application.

The provisions of this section, §§ 20-21-206 — 20-21-209 , and 20-21-211 shall not apply to any production or utilization facility for which the United States Nuclear Regulatory Commission or any successor agency thereto has issued a license which is in force and effect to construct or operate the facility.

Ark. Code Ann. § 20-21-211 State Radiation Control Agency — Construction.

Sections 20-21-206 — 20-21-210 are cumulative and are intended to supplement existing laws, and no part shall be construed to repeal any existing law specifically enacted for the protection of public health and safety.

Ark. Code Ann. § 20-21-212 License or registration required.

It shall be unlawful for any person to use, manufacture, produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own, or possess any source of ionizing radiation unless licensed by or registered with the State Radiation Control Agency in conformance with rules promulgated in accordance with this subchapter.

Ark. Code Ann. § 20-21-213 Licensing and registration requirements generally.

(a) The State Radiation Control Agency shall provide by rule for licensing of radioactive material, or devices or equipment utilizing such material, and for licensing or registration of radiation equipment. (b) The rule shall provide for amendment, suspension, or revocation of licenses and registrations. (c) The rule shall provide that: (1) Each application for a specific license, or license or registration of radiation equipment, shall be in writing and shall state such information as the agency by rule may determine to be necessary to decide the technical and financial qualifications or any other qualifications of the applicant as the agency may deem reasonable and necessary to protect the occupational and public health and safety; (2) The agency may at any time after the filing of the application and before the expiration of the license or registration require further written statements and may make such inspections as the agency may deem necessary in order to determine whether the license or registration should be granted or denied or whether the license or registration should be modified, suspended, or revoked; (3) All applications and statements shall be signed by the applicant, licensee, or registrant; (4) The agency may require any applications or statements to be made under oath or affirmation; (5) Each license or registration shall be in a form and contain terms and conditions as the agency may by rule prescribe; (6) No license or registration issued under this subchapter nor any right under a license or registration shall be transferred, assigned, or in any manner disposed of unless the agency shall, after securing full information, find that the transfer is in accordance with the provisions of this subchapter and shall give its consent in writing; (7) The terms and conditions of all licenses or registrations shall be subject to amendment, revision, or modification by rules or orders issued in accordance with this subchapter; (8) Licenses issued by the agency shall: (A) Be renewed every five (5) to ten (10) years based on risk factors as determined by the agency; and (B) Expire at a time specified by the agency; and (9) Registrations issued shall: (A) Be renewed at a time specified by the agency; and (B) Expire one (1) year after issuance or at a time specified by the agency.

Ark. Code Ann. § 20-21-214 Licensing and registration requirements — Sources of ionizing radiation.

(a) The State Radiation Control Agency shall require registration or licensing of other sources of ionizing radiation. (b) The agency may exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this section and § 20-21-213 when the agency makes a finding that the exemption of the sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public.

Ark. Code Ann. § 20-21-215 Licensing and registration requirements — Recognition of other licenses or registrations.

Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses or registrations, or equivalents, as the State Radiation Control Agency may deem desirable, subject to such licensing or registration requirements as the agency may prescribe. 20-21-217. Licensing and registration requirements — Compliance with standards — Fees. (a) Until the State Board of Health promulgates rules under subsection (c) of this section, the State Radiation Control Agency may charge and collect the following annual fees associated with licensing and registration of sources of ionizing radiation: (1) Hospitals or medical centers: (A) Category I-A ..................................$900.00 (B) Category I-B ...................................700.00 (C) Category II-A ..................................650.00 (D) Category II-B ..................................450.00 (E) Category III ...................................200.00 (2) Radioactive material licenses: (A) Private practice, other than teletherapy units or particle accelerators ................................................$100.00 (B) Radiography: (i) In plant ...................350.00 for first bay ............................500.00 for 2 or more bays (ii) Field .................................1,000.00 (C) Wireline service operation ..300.00 for 1 to 3 sources ...............................500.00 for 4 or more sources (D) Academic: (i) Broad ...................................500.00 (ii) Other ..................................200.00 (E) Gas chromatograph devices and lead analyzers ..100.00 (F) Nuclear gauges ...............300.00 for 1 to 5 gauges ................................500.00 for 6 or more gauges (G) Particle accelerators, nonmedical ..............200.00 (H) In vitro laboratory testing .....................25.00 (I) Irradiators ..................................1,000.00 (J) Nuclear pharmacy .............................1,000.00 (K) Mobile nuclear medicine service ..............1,200.00 (L) Consultants ....................................250.00 (3) General licensed devices: Initial registration and annual fees for the receipt, possession, or use of radioactive material under a general license or a license obtained through reciprocity, as defined by the State Radiation Control Agency, shall be as follows: (A) Certain measuring, gauging, and controlling devices ....................................................$300.00 (B) Generally licensed gas chromatographs ..........200.00 (C) Static elimination devices .....................100.00 (D) Source material devices ........................500.00 (E) Devices containing depleted uranium ............500.00 (F) Public safety devices containing radioactive material .....................................................50.00 (G) All other general license registrations other than those specified above ................................................150.00 (4) Other: (A) Medical, therapy, nonhospital unit .....................................$250.00 for first unit ............................175.00 for each additional unit (B) Particle accelerator, medical, nonhospital unit ......................................450.00 for first unit ............................300.00 for each additional unit (C) State Board of Health Rules for Control of Sources of Ionizing Radiation .......................................0.00 for first copy .............................30.00 for each additional copy (D) Naturally occurring radioactive material license ...................................................2,500.00 (E) Amendment to existing license .....50.00 per amendment (5) Reciprocity: (A) Naturally occurring radioactive material ....$2,500.00 (B) Radiography, field ...........................1,000.00 (C) Wireline .......................................500.00 (D) Nuclear gauge ..................................500.00 (E) Consultant .....................................100.00 (6) Late fees: A late fee equal to ten percent (10%) of the applicable fee shall be charged for fees not received within sixty (60) days of the invoiced due date and for every sixty (60) days thereafter. (b) The State Radiation Control Agency may charge and collect the following annual fees associated with X-ray registrations: (1) All X-ray units, sixty-five dollars ($65.00) per tube up to a maximum of two hundred sixty dollars ($260); and (2) Vendor services providing radiation equipment services or radiation safety services, or both, sixty-five dollars ($65.00). (c)(1) For the fees under subsection (a) of this section, the board shall adopt rules to establish fees at a level to sustain operations of the State Radiation Control Agency's mandated programs. (2) The fees shall not: (A) Conflict with federal program schedules; or (B) Exceed twenty-five percent (25%) of the fees that would be levied by the United States Nuclear Regulatory Commission if the United States Nuclear Regulatory Commission were to regulate the State Radiation Control Agency's mandated programs. (d) Each application for reciprocal recognition of an out-of-state license or of an out-of-state registration shall be accompanied by the applicable annual fee, provided that no fee has been submitted during the calendar year of the application. (e)(1) The annual fee shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year. (2)(A) Applications for new licenses or registrations shall be accompanied by the appropriate fees. (B) An applicant shall be charged for a full calendar year regardless of the month the license or registration is issued. (3) Applications for amendments to licenses or registration certificates which result in a change to a more costly category shall be accompanied by a fee equal to the difference between the fee for the current category and the one to which the amended license or certificate will escalate. (4) Fee payments shall be by check, draft, or money order made payable to the Department of Health. (5) In any case in which the State Radiation Control Agency finds that an applicant for a new license or new certificate of registration has failed to pay the fee prescribed in this section, the State Radiation Control Agency shall not process that application until the fee is paid. (6) In any case in which the State Radiation Control Agency finds that a person has failed to pay a fee prescribed by this section within ninety (90) days of the date due, the State Radiation Control Agency may issue an order to show cause why that registration, license, or other service should not be revoked, suspended, or terminated, as appropriate. (f) Annual fees shall not be required for those applicants, licensees, registrants, or other applicable persons whose use of sources of radiation is certified as financed solely by the General Revenue Fund Account of the State Apportionment Fund. (g) All fees levied and collected under this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund. (h) Subject to the rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to licensing and registration for use of radioactive materials and X-ray equipment that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. 20-21-218. Records. (a)(1) The State Radiation Control Agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and such other records as the agency may require subject to such exemptions as may be provided by rule. (2) The agency shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation, or who furnishes personnel dosimetry services for agency licensees or registrants to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the agency. (b)(1) Copies of all records required by subsection (a) of this section shall be submitted to the agency upon request. The agency shall obtain these required records from each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of ionizing radiation and from service personnel. (2) To each employee for whom personnel monitoring is required, a copy of the employee's personal exposure record shall be given at the frequency required by rule.

Ark. Code Ann. § 20-21-219 Storage of radioactive wastes.

(a) The operation or administration of any sites acquired under this subchapter for the concentration and storage of radioactive wastes and by-products shall be under the direct supervision of the State Radiation Control Agency and shall be in accordance with the rules promulgated and enforced by that agency to protect the public health and safety. (b) The agency may lease or license such lands, buildings, and grounds as it may acquire under this subchapter for the purpose of operating sites for the concentration and storage of radioactive wastes and by-products. (c) The State Board of Health may enter into contracts as may be necessary for carrying out the provisions of this subchapter. (d)(1) To finance the custody, control, and maintenance of such sites as the agency may undertake, the agency may collect fees from private or public parties holding radioactive material for custodial purposes. The fees shall be sufficient in each individual case to defray the estimated cost of the agency's custodial management activities for that individual case. (2) All fees shall be placed in a special account, in the nature of a revolving trust fund and which may be designated the “Perpetual Maintenance Fund”. (3) The fees shall be received, disbursed, and accounted for by using generally accepted accounting principles. (4) Moneys in the fund may be invested in United States bonds and treasury bills or in such other securities as may be approved by the agency and the Treasurer of State.

Ark. Code Ann. § 20-21-220 Training programs.

The State Radiation Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter.

Ark. Code Ann. § 20-21-221 Intergovernmental agreements.

(a)(1) The Governor, on behalf of this state, may enter into agreements with the United States Government providing for discontinuance of certain of the United States Government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to this subchapter. (2) Any person that, on the effective date of an agreement under this subsection, possesses a license issued by the United States Government shall be deemed to possess the same pursuant to a license issued under this subchapter, which shall expire either ninety (90) days after receipt from the State Radiation Control Agency of a notice of expiration of the license or on the date of expiration specified in the federal license, whichever is earlier. (b) The agency may enter into an agreement or agreements with the United States Government, other states, or interstate agencies, whereby this state will perform, on a cooperative basis with the United States Government, other states, or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.

Ark. Code Ann. § 20-21-222 Administrative proceedings.

(a) Under this subchapter: (1) In any proceeding for the issuance or modification of rules relating to control of sources of ionizing radiation, the State Radiation Control Agency shall provide an opportunity for public participation through written comments or a public hearing, or both; (2) In any proceeding for the denial of an application for a license or registration or for revocation, suspension, or modification of a license or registration, the agency shall provide to the applicant, licensee, or registrant an opportunity for a hearing on the record; (3) In any proceeding for licensing commercial burial of radioactive waste, the agency shall provide: (A) An opportunity, after public notice, for written comments and a public hearing with a transcript; (B) An opportunity for cross examination; and (C) A written determination of the action to be taken that is based upon findings included in the determination and upon evidence presented during the public comment period; (4)(A) In any proceeding for licensing commercial burial of radioactive waste, the agency shall prepare for each licensed activity that has a significant impact on the human environment a written analysis of the impact of the activity on the environment . (B) The environmental impact analysis shall be available to the public before the commencement of hearings held pursuant to subdivision (a)(3) of this section and shall include: (i) An assessment of the radiological and nonradiological impacts to the public health; (ii) An assessment of any impact on any waterway and groundwater; (iii) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and (iv) Consideration of the long-term impacts including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after the decommissioning, decontamination, and reclamation; and (5) The agency shall prohibit any major construction with respect to any activity for which an environmental impact analysis is required by subdivision (a)(4) of this section before completion of such analysis. (b)(1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may without notice or hearing issue a rule or order reciting the existence of the emergency and requiring that the action be taken as is necessary to meet the emergency. (2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately. (3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency, shall be afforded a hearing within ten (10) days. (4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing. (c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of issuance of the order.

Ark. Code Ann. § 20-21-301 Declaration of policy.

It is the policy of the State of Arkansas, in furtherance of its responsibility to protect the public health and safety, to institute and maintain a regulatory program for the control of radiation from electronic products in order to provide for compatibility with standards and regulatory programs of the United States Government an effective system of regulation within this state and a system consonant insofar as possible with those of other states.

Ark. Code Ann. § 20-21-302 Purpose.

It is the purpose of this subchapter to effectuate the policies set forth in § 20-21-301 by providing for a program: (1) Of effective regulation of radiation emitted from electronic products or components of electronic products for the protection of the occupational and public health and safety; (2) To promote an orderly regulatory pattern within this state, among the states, and between the United States Government and this state and to facilitate intergovernmental cooperation; and (3) To establish procedures for assumption and performance of certain regulatory responsibilities with respect to the manufacture, distribution, installation, repair, or use of electronic products.

Ark. Code Ann. § 20-21-303 Definitions.

As used in this subchapter: (1) “Electronic products” means any manufactured product or device or component part of that product or device which during operation can generate or emit a physical field of radiation; (2) “Person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, or any legal successor, representative, agent, or agency of the foregoing, other than agencies of the United States Government or any successor thereto; and (3) “Radiation” means any electromagnetic or ionizing radiation which can be generated during the operation of electronic products.

Ark. Code Ann. § 20-21-304 Penalties.

(a) Any person that willfully violates any of the provisions of this subchapter or rules or orders in effect pursuant to this subchapter of the State Electronic Product Control Agency shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) or by imprisonment for not more than six (6) months, or by both fine and imprisonment. (b) Each day of violation shall be considered a separate offense and shall be punishable as such.

Ark. Code Ann. § 20-21-305 Enforcement.

(a) The State Electronic Product Control Agency or its authorized representatives shall have the power to enter at all reasonable times upon any private or public property on or in which electronic products are being manufactured, distributed, used, or repaired for the purpose of determining whether or not there is compliance with or violation of this subchapter and rules issued under this subchapter. However, entry into areas under the jurisdiction of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative. (b) In the event of an emergency, the agency shall have the authority to impound or order the impounding of electronic products in the possession of any person who is not equipped to observe or fails to observe the provisions of this subchapter or any rules issued under this subchapter. (c) Whenever in the judgment of the agency any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, then at the request of the agency, the Attorney General may make application to a court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance and, upon a showing by the agency that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.

Ark. Code Ann. § 20-21-306 State Electronic Product Control Agency.

(a) The State Board of Health is designated as the State Electronic Product Control Agency. (b) The Secretary of the Department of Health shall be Director of the State Electronic Product Control Agency and shall perform the functions vested in the agency pursuant to this subchapter. (c) In accordance with the laws of the State of Arkansas, the agency may employ, compensate, and prescribe the powers and duties of such individuals as may be necessary to carry out this subchapter. (d) For the protection of the occupational and public health and safety, the agency shall: (1) Develop such programs as the agency determines are necessary for the evaluation and control of radiation hazards associated with the use of electronic products; (2) Develop programs and formulate, adopt, promulgate, and repeal codes and rules with due regard for compatibility with federal programs for licensing and regulation of certain electronic products and radiation therefrom; (3) Issue such orders, or modifications thereof, and conduct such hearing proceedings as may be necessary under this subchapter; (4) Advise, consult, and cooperate with other governmental agencies and with other groups concerned with the control of radiation from electronic products; (5) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the United States Government or from other sources, public or private; (6) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation from electronic products; and (7) Collect and disseminate information relating to its functions, including: (A) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (B) Maintenance of a file of registrants requiring registration under this subchapter and any administrative or judicial action pertaining to this subchapter; and (C) Maintenance of a file of all rules relating to regulation of radiation from electronic products, pending or promulgated, and proceedings thereon.

Ark. Code Ann. § 20-21-307 License or registration required.

It shall be unlawful for any person to use, manufacture, distribute, install, repair, acquire, own, or possess an electronic product except in conformance with rules for licensing or registration for that product, if any, promulgated in accordance with this subchapter.

Ark. Code Ann. § 20-21-308 Licensing and registration — Regulation by State Electronic Product Control Agency.

(a) The State Electronic Product Control Agency may: (1) Require registration or licensing for the manufacture, distribution, installation, repair, and use of electronic products or component parts of such products and for which rules have been promulgated as specified in § 20-21-306(d)(2); and (2) Exempt certain electronic products from the licensing or registration requirements set forth in this section when the agency makes a determination that the exemption of the electronic products or kinds of uses or users of the products will not constitute a significant risk to the health and safety of the public. (b) Rules promulgated pursuant to this subchapter may provide for recognition of other state or federal licenses as the agency may deem desirable, subject to such registration requirements as the agency may prescribe.

Ark. Code Ann. § 20-21-309 Records.

(a) Each person who manufactures, distributes, installs, repairs, or uses electronic products shall establish and maintain such records, make such reports, and provide such information as the State Electronic Product Control Agency may by rule reasonably require to enable the agency to determine the compliance of the person with this subchapter. (b) Any report or information concerning trade secrets or secret industrial processes obtained under this subchapter shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the agency.

Ark. Code Ann. § 20-21-310 Training programs.

The State Electronic Product Control Agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this subchapter and may make the personnel available for participation in any program or programs of the United States Government, other states, or interstate agencies in furtherance of the purposes of this subchapter.

Ark. Code Ann. § 20-21-311 Intergovernmental agreements.

The State Electronic Product Control Agency may enter into agreements or contracts with the United States Government, other states, or interstate agencies whereby this state will perform inspections or other functions relating to the control of radiation from electronic products on a cooperative basis with the United States Government, other states, or interstate agencies.

Ark. Code Ann. § 20-21-312 Administrative proceedings.

(a) In any of the proceedings under this subchapter, the State Electronic Product Control Agency shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding and shall admit the person as a party to the proceeding: (1) For the issuance or modification of rules relating to radiation from electronic products; (2) For granting, suspending, revoking, or amending any license; or (3) For determining compliance with or granting exceptions from rules of the agency. (b)(1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency, without notice or hearing, may issue a rule or order reciting the existence of an emergency and requiring that such action be taken as is necessary to meet the emergency. (2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately. (3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency within ten (10) days, shall be afforded a hearing within thirty (30) days. (4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing. (c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of receipt of the order.

Ark. Code Ann. § 20-21-401 Legislative intent — Definitions.

(a) It is found and determined by the General Assembly that the operation of nuclear-powered electricity generating facilities in this state raises the possibility of adverse health and ecological effects which could result from radiological incidents or accidents at those facilities and that it is essential to the health and welfare of the citizens of this state and particularly those in close proximity to the facilities that a program be initiated to provide for continuous environmental surveillance in the area of nuclear-powered electricity generating facilities and to initiate and formulate plans and procedures for immediate emergency response capability in the event of an accident or incident which might endanger the lives or property of persons. (b) The General Assembly further determines that it is appropriate that the utility operating the facilities bear the cost associated with preparing and implementing plans to deal with the effects of nuclear accidents or incidents. (c) Therefore, it is the purpose and intent of this subchapter to: (1) Initiate a program to deal with this matter; (2) Charge the Division of Emergency Management with the responsibility of carrying out the program; and (3) Provide for funding the program through fees or assessments against utilities operating nuclear-powered electricity generating facilities. (d) As used in this subchapter: (1) "Chief financial officer" means: (A) The Chief Fiscal Officer of the State; or (B) The chief financial officer of the Department of Public Safety; and (2) "Continuous environmental radiation surveillance" means: (A) The tracking of radiological dispersal devices or radiological exposure devices: (i) Related to a nuclear-powered electricity generating facility located within this state; and (ii) Located within this state or being transported through this state; (B) Radiological dose assessment and field team response in the area of any nuclear-powered electricity generating facility: (i) Requested by a county judge or mayor during an emergency, drill, or exercise; or (ii) Required for documentation by Public Health and Medical Services, Emergency Function #8; and (C) Any other radiation monitoring service related to a nuclear-powered electricity generating facility located within this state that is: (i) Determined to be necessary by the Department of Health; and (ii) Approved by the Director of the Division of Emergency Management. 20-21-402. Administration by Division of Emergency Management. (a) The Division of Emergency Management shall carry out the Nuclear Planning and Response Program designed to protect the lives and property of persons of this state from radiation hazards and other hazards which may result from the establishment and operation of nuclear-powered electricity generating facilities in this state. (b) The program shall include: (1) Continuous environmental radiation surveillance in the area of any nuclear-powered electricity generating facility; (2) The training and education of persons residing in the areas regarding nuclear hazards and protective measures to be taken in the event of a radiological incident or accident; (3) A plan for immediate emergency response capability in the event of an incident or accident at the facility; (4) The dissemination of information to the public pertaining to radiation hazards; (5) Protective measures, evacuation procedures, and other appropriate actions to be taken in the event of a radiation incident or accident; and (6) Such other matters as the division shall determine to be necessary or appropriate to educate, inform, and equip citizens of this state to deal with any incident or accident at or resulting from the operation of nuclear-powered electricity generating facilities. (c) To carry out the responsibilities provided for in this subchapter, the division may employ personnel as is deemed necessary to the extent that funds are appropriated therefor by the General Assembly. (d) The Department of Health shall: (1) Provide continuous environmental radiation surveillance as required by subdivision (b)(1) of this section; and (2)(A) Receive compensation for the continuous environmental radiation surveillance required under subdivision (b)(1) of this section from: (i) The Arkansas Nuclear Planning and Response Fund; or (ii) Funds appropriated by the General Assembly to the division for the operation and maintenance of the Nuclear Planning and Response Program. (B) The amount of compensation provided to the department under subdivision (d)(2)(A) of this section shall be: (i) Determined by the chief financial officer; and (ii) Approved by the Director of the Division of Emergency Management. 20-21-403. Operating funds. (a)(1) The chief financial officer shall annually determine the approximate amount of funds which will be necessary for the operation and maintenance of the Nuclear Planning and Response Program. (2) The amount determined under subdivision (a)(1) of this section shall not be in excess of the total amounts appropriated for the program by the General Assembly for the particular year. (b)(1) The Director of the Division of Emergency Management shall certify the amount to each utility in the state which maintains and operates one (1) or more nuclear- powered electricity generating facilities in the state. (2) The chief financial officer shall then notify each utility of the portion of the amount to be paid by each utility. (c) The cost of maintaining and operating the program shall be apportioned to the utilities in this state operating nuclear-powered electricity generating facilities in such proportions as the chief financial officer shall determine to be most appropriate and equitable. 20-21-404. Fees. (a) There is levied and there shall be collected annually from each utility in this state which operates one (1) or more nuclear-powered electricity generating facilities a fee in such amount as shall be determined by the chief financial officer in the manner prescribed in this subchapter. (b) The fees so levied against each utility shall be remitted by the utility to the Director of the Division of Emergency Management within thirty (30) days after the amount thereof is certified by the chief financial officer. (c) If any utility shall fail or refuse to pay the fees as provided in this section within the time prescribed, the director shall add to the fee a penalty of twenty-five percent (25%) thereof and shall certify the amount of the delinquent fee and penalty to the Attorney General for collection. 20-21-405. Arkansas Nuclear Planning and Response Fund. (a)(1) All funds collected by the chief financial officer pursuant to this subchapter shall be deposited into the State Treasury as special revenues, and the full amount thereof shall be credited to the Arkansas Nuclear Planning and Response Fund. (2) Money remaining in the fund at the end of each fiscal year shall carry forward and be made available for the purposes stated in this subchapter in the next fiscal year. (b) The fund shall be used exclusively for the operation and maintenance of the Nuclear Planning and Response Program.

Ark. Code Ann. § 20-21-402 Administration by Department of Health.

(a) The Department of Health shall carry out a Nuclear Planning and Response Program designed to protect the lives and property of persons of this state from radiation hazards and other hazards which may result from the establishment and operation of nuclear electrical generating facilities in this state. (b) The program shall include: (1) Continuous environmental radiation surveillance in the area of any nuclear generating facility; (2) The training and education of persons residing in the areas regarding nuclear hazards and protective measures to be taken in the event of a radiological incident or accident; (3) A plan for immediate emergency response capability in the event of an incident or accident at the facility; (4) The dissemination of information to the public pertaining to radiation hazards; (5) Protective measures, evacuation procedures, and other appropriate actions to be taken in the event of a radiation incident or accident; and (6) Such other matters as the department shall determine to be necessary or appropriate to educate, inform, and equip citizens of this state to deal with any incident or accident at or resulting from the operation of nuclear generating facilities. (c) To carry out the responsibilities provided for in this subchapter, the department may employ such personnel as is deemed necessary to the extent that funds are appropriated therefor by the General Assembly.

Ark. Code Ann. § 20-21-403 Operating funds.

(a)(1) The Chief Fiscal Officer of the State shall annually determine the approximate amount of funds which will be necessary for the operation and maintenance of the Nuclear Planning and Response Program. This amount shall not be in excess of the total amounts appropriated for the program by the General Assembly for the particular year. (2) The Secretary of the Department of Health shall certify the amount to each utility in the state which maintains and operates one (1) or more nuclear generating facilities in the state. The Chief Fiscal Officer of the State shall then notify each utility of the portion of the amount to be paid by each utility. (b) The cost of maintaining and operating the program shall be apportioned to the utilities in this state operating nuclear generating facilities in such proportions as the Chief Fiscal Officer of the State shall determine to be most appropriate and equitable.

Ark. Code Ann. § 20-21-404 Fees.

(a) There is levied and there shall be collected annually from each utility in this state which operates one (1) or more nuclear generating facilities a fee in such amount as shall be determined by the Chief Fiscal Officer of the State in the manner prescribed in this subchapter. (b) The fees so levied against each utility shall be remitted by the utility to the Secretary of the Department of Health within thirty (30) days after the amount thereof is certified by the Chief Fiscal Officer of the State. (c) If any utility shall fail or refuse to pay the fees as provided in this section within the time prescribed, the secretary shall add to the fee a penalty of twenty-five percent (25%) thereof and shall certify the amount of the delinquent fee and penalty to the Attorney General for collection.

Ark. Code Ann. § 20-21-405 Arkansas Nuclear Planning and Response Fund.

All funds collected by the Chief Fiscal Officer of the State pursuant to this subchapter shall be deposited into the State Treasury as special revenues, and the full amount thereof shall be credited to the Arkansas Nuclear Planning and Response Fund. The fund shall be used exclusively for the operation and maintenance of the Nuclear Planning and Response Program.

Ark. Code Ann. § 20-21-501 Definitions.

As used in this subchapter: (1) “Chief executive officer” means the county judge of each county in this state; (2) “Cooperative agreement” means the written instrument which sets forth the conditions to be met by each county in order to qualify for grant funds authorized by this subchapter; (3) “Emergency planning zone” means the area surrounding a nuclear-powered electricity generating facility identified by the Division of Emergency Management for which special planning and preparedness efforts are carried out to ensure that prompt and effective protective actions can reduce or minimize the impact of releases of radioactive material for public health and safety; (4) “Failure to perform” means: (A) Utilization of grant funds which is inconsistent with the terms of the cooperative agreement; (B) Failure to demonstrate the capability to carry out the minimum responsibilities as defined in the cooperative agreement; or (C) Failure to adhere to the conditions or requirements of the cooperative agreement; (5) “Local government” means the cities, towns, municipalities, or other political subdivisions, or agencies thereof, located within a county in this state; and (6) “Radiological response plan” means the specific operational procedures to be performed by the citizens of each county in the event of either an actual or a practice nuclear emergency.

Ark. Code Ann. § 20-21-502 Administration.

(a) The Division of Emergency Management shall serve as the administering and disbursing agency for a program of issuing grants to those local governments located in the emergency planning zone of nuclear-powered electricity generating facilities in this state . (b)(1) Grants shall be issued by the division to the county governments in the affected areas solely for the purpose of defraying costs associated with preparing for and participating in actual nuclear disaster incidents or practice nuclear disaster exercises. (2) The chief executive officer of each county shall be the agent of the county in entering into any agreements with the division in order to receive funds under this section. (3) The chief executive officer of each county shall also be the agent of the county in entering into agreements with officials of the local governments or their agencies within each county to disburse the funds under this section. (4) Each county shall be eligible for that proportion of funds issued under this section as is determined fair and necessary under guidelines to be developed by the division . 20-21-503. Cooperative agreements. (a)(1) Before the award of a grant to a county for the purposes described in this subchapter, the Division of Emergency Management shall draw up a proposal for a cooperative agreement between the State of Arkansas and the eligible counties in this state. (2) The proposal shall set forth the activities to be conducted by the county under its radiological response plan as a prerequisite for receipt of grant payments. (3) The proposed cooperative agreement shall include: (A) The responsibilities of the county as prescribed in the county's radiological response plan and the state emergency operations plan, as amended; (B) The means by which the county will demonstrate that it can meet its designated responsibilities, as defined in subdivision (a)(3)(A) of this section, including without limitation program audits, test exercises, or operational readiness evaluations; (C) The methods of distribution of grant funds to local governments and their agencies to provide a fair opportunity for all political subdivisions within the county to benefit from grant funds; (D) The intended use of grant funds as reflected in an annual budget to correspond with the state fiscal year; and (E) Any other information determined by the division to be necessary to ensure compliance with state rules or federal regulations and to ensure that all expenditures of grant funds are in direct support of radiological emergency planning or response. (b)(1) The division shall submit a proposal for a cooperative agreement to the chief executive officer of each county sixty (60) days before the beginning of the state fiscal year. (2) The fully executed cooperative agreement shall be in effect by August 1 of the state fiscal year. (3) A cooperative agreement is fully executed when it is duly signed by the Director of the Division of Emergency Management and the county judge as the chief executive officer of the county. (c) Variances from any portion of the cooperative agreement shall be approved in writing by the director before implementation of the variance. (d)(1)(A) Failure to perform shall result in either suspension of funds for a specified period or complete revocation of the agreement. (B) The specific penalty shall be determined following an assessment of the degree of seriousness imposed by the breach of agreement. (2) The reinstatement of eligibility for a county so penalized shall occur only after satisfactory demonstration that the conditions or situations resulting in the penalty have been corrected. (3) Written notice shall be given to the chief executive officer by the director citing the reason for the penalty and the steps necessary to regain agreement eligibility. 20-21-504. Disbursal of funds. (a) The Division of Emergency Management shall disburse grant funds to eligible counties which have satisfactorily fulfilled the requirements of the cooperative agreement as set out in § 20-21-503. (b) If sufficient grant funds are available, the division shall remit a minimum of seventy-five thousand dollars ($75,000) to each of the eligible counties. 20-21-505. Reporting requirements. (a) The chief executive officer of the county shall provide the Division of Emergency Management a progress report at least annually or as required by the division. (b) The progress report required under subsection (a) of the section shall contain without limitation: (1) A detailed statement of the expenditure of grant funds; and (2) A narrative report on the status of the county’s ability to implement its radiological response plan.

Ark. Code Ann. § 20-21-503 Cooperative agreements.

(a)(1) Before the award of a grant to a county for the purposes described in this subchapter, the Department of Health shall draw up a proposal for a cooperative agreement between the State of Arkansas and the eligible counties in this state. (2) The proposal shall set forth the activities to be conducted by the county under its radiological response plan as a prerequisite for receipt of grant payments. (3) The proposed cooperative agreement shall include: (A) The responsibilities of the county as prescribed in the county's radiological response plan and the state emergency operations plan, as amended; (B) The means by which the county will demonstrate that it can meet its designated responsibilities, as defined in subdivision (a)(3)(A) of this section, including, but not limited to, program audits, test exercises, or operational readiness evaluations; (C) The methods of distribution of grant funds to local governments and their agencies to provide a fair opportunity for all political subdivisions within the county to benefit from grant funds; (D) The intended use of grant funds as reflected in an annual budget to correspond with the state fiscal year; and (E) Any other information determined by the department to be necessary to ensure compliance with state rules or federal regulations and to ensure that all expenditures of grant funds are in direct support of radiological emergency planning or response. (b)(1) The department shall submit a proposal for a cooperative agreement to the chief executive officer of each county sixty (60) days before the beginning of the state fiscal year. (2) The fully executed cooperative agreement shall be in effect by August 1 of the state fiscal year. (3) A cooperative agreement is fully executed when it is duly signed by the Director of the Division of Radiation Control and Emergency Management of the Department of Health, as the representative of the department, and the county judge as the chief executive officer of the county. (c) Variances from any portion of the cooperative agreement shall be approved in writing by the director before implementation of the variance. (d)(1) Failure to perform shall result in either suspension of funds for a specified period or complete revocation of the agreement. The specific penalty shall be determined following an assessment of the degree of seriousness imposed by the breach of agreement. (2) The reinstatement of eligibility for a county so penalized shall occur only after satisfactory demonstration that the conditions or situations resulting in the penalty have been corrected. (3) Written notice shall be given to the chief executive officer by the director citing the reason for the penalty and the steps necessary to regain agreement eligibility.

Ark. Code Ann. § 20-21-504 Disbursal of funds.

In disbursing funds to eligible counties which have satisfactorily fulfilled the requirements of the cooperative agreement as set out in § 20-21-503 , the Department of Health shall remit a maximum of ten thousand dollars ($10,000) to each of the eligible counties to be payable during the second month of each quarter of the state fiscal year, which months are August, November, February, and May. The payments shall be made in equal quarterly installments of not to exceed two thousand five hundred dollars ($2,500).

Ark. Code Ann. § 20-21-505 Reporting requirements.

The chief executive officer of the county shall be responsible for submitting the following progress reports: (1) Quarterly Fiscal Report. Within thirty (30) days following the end of each fiscal quarter, a report detailing the expenditure of grant moneys shall be submitted to the Nuclear Planning and Response Program of the Division of Radiation Control and Emergency Management of the Department of Health. The next quarter's funds shall not be authorized until receipt of the report covering the preceding quarter; and (2) Year-End Program Report. Within thirty (30) days of the completion of the state fiscal year, a report shall be submitted to the program containing the fourth quarter fiscal report and a narrative report on the status of the county's ability to implement its radiological response plan.

Ark. Code Ann. § 20-21-601 Public policy.

It is the policy of the State of Arkansas to provide a coordinated effort to enhance the capability of the individual state and local agencies to carry out their statutory response requirements in the event of a nuclear power plant accident at Arkansas Nuclear One, Units One and Two.

Ark. Code Ann. § 20-21-602 Purpose.

It is the purpose of this subchapter to establish a Nuclear Planning and Response Program Advisory Committee which will serve as a coordination point for state and utility officials and whose meetings will provide a place whereby the public may discuss with their elected public officials, state officials, and the utility matters of concern pertaining to their safety and emotional wellbeing as they relate to the generation of electricity from Arkansas Nuclear One, Units One and Two.

Ark. Code Ann. § 20-21-603 Creation.

(a)(1) The Nuclear Planning and Response Program Advisory Committee shall be established and shall be composed of the following elected officials: (A) The county judge of Conway County, Arkansas; (B) The county judge of Johnson County, Arkansas; (C) The county judge of Logan County, Arkansas; (D) The county judge of Pope County, Arkansas; (E) The county judge of Yell County, Arkansas; (F) The mayor of Atkins, Arkansas; (G) The mayor of Clarksville, Arkansas; (H) The mayor of Danville, Arkansas; (I) The mayor of Dardanelle, Arkansas; (J) The mayor of Dover, Arkansas; (K) The mayor of Knoxville, Arkansas; (L) The mayor of London, Arkansas; (M) The mayor of Morrilton, Arkansas; (N) The mayor of Paris, Arkansas; and (O) The mayor of Russellville, Arkansas. (2) A committee member may designate a proxy, in writing, to serve in his or her absence. (b) The committee shall: (1) Be aware of the ongoing programs of the Nuclear Planning and Response Program as they relate to continuous environmental radiation surveillance, training and education of persons residing in the ten-mile Emergency Planning Zone, immediate emergency response capability, dissemination of information to the public, and evacuation procedures; (2) Advise on the applicability of any federal guidelines that may affect their respective towns and counties; (3) Review and comment regarding the operations and coordination of required annual exercises as they relate to their off-site emergency capabilities to respond to a radiological incident at Arkansas Nuclear One, Units One and Two; (4)(A) Meet at least one (1) time in each fiscal year and at other times on the call of the Director of the Division of Emergency Management or his or her designee. (B) A written and timely notice of the time, place, and purpose of meetings shall be mailed by the Division of Emergency Management to all committee members; and (5) Conduct meetings in such a fashion that the local public has received adequate notice and that space is provided for attendance. (c) Committee members may receive expense reimbursement from the Arkansas Nuclear Planning and Response Fund in accordance with § 25-16-901 et seq.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026