W. Va. Code R. § 64-23-4 - Exemptions, Inspections, Tests, Violations, Impounding, Prohibitions and Communications

Current through Register Vol. XXXVIII, No. 51, December 23, 2021

4.1. Exemptions - The agency may, upon application by any person or upon its own initiative, grant such exemptions or exceptions from the requirements of this rule as it determines are authorized by law and will not result in undue hazard to public health and safety or property.
4.1.a. Department of Energy contractors or subcontractor and Nuclear Regulatory Commission contractors or sub contractors of the following categories operating within this State are exempt from this rule to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers, or acquires sources of radiation:
4.1.b. Prime contractors performing work for the department of energy at U.S. government-owned or -controlled sites, including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruptions of such transportation;
4.1.c. Prime contractors of the Department of Energy performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof;
4.1.d. Prime contractors of the department of energy using or operating nuclear reactors or other nuclear devices in a United States government-owned vehicle or vessel; and
4.1.e. Any other prime contractor or subcontractor of the Department of Energy or of the Nuclear Regulatory Commission when the State and the Nuclear Regulatory Commission jointly determine:
4.1.e.1. That the exemption of the prime contractor or subcontractor is authorized by law; and
4.1.e.2. That, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety.
4.2. Records. Each registrant shall maintain records showing the receipt, transfer, and disposal of all sources of radiation. Additional record requirements are specified elsewhere in this rule.
4.3. Inspections
4.3.a. Each registrant shall afford the agency, at all reasonable times, opportunity to inspect sources of radiation and the premises and facilities wherein such sources of radiation are used or stored.
4.3.b. Each registrant shall make available to the agency for inspection, upon reasonable notice, records maintained pursuant to this rule.
4.4. Tests - Each registrant shall perform, upon instructions from the agency, or shall permit the agency to perform such reasonable tests as the agency deems appropriate or necessary including, but not limited to, tests of:
4.4.a. Sources of ionizing radiation;
4.4.b. Facilities wherein sources of radiation are used or stored;
4.4.c. Radiation detection and monitoring instruments; and
4.4.d. Other equipment and devices used in connection with utilization or storage of registered sources of radiation.
4.5. Additional Requirements - The agency may, by rule, regulation, or order, impose upon any registrant such requirements in addition to those established in this rule as it deems appropriate or necessary to minimize danger to public health and safety or property.
4.6. Violations - The Director shall, depending upon the severity of the violation and upon the degree of health hazard created, reprimand, or suspend or revoke the registration of any registerable facility, if the registrant:
4.6.a. Fraudulently or deceptively obtains or attempts to obtain a registration;
4.6.b. Fails at any time to comply with the requirements of Chapter 16, Article 1, Section 7. of the West Virginia Code of 1931, as amended;
4.6.c. Fails to comply with fee for service;
4.6.d. Knowingly falsifies or attempts to falsify documents related to registration;
4.6.e. The Director may impose a civil penalty of not less than two hundred fifty dollars ($250) and not more than five thousand ($5000) for each separate violation of this rule payable within thirty (30) days of receipt of the penalty notification.
4.6.f. The Director may, upon the finding of a violation, depending upon the severity of the violation and upon the degree of health hazard created, initiate an appropriate enforcement action which may include the issuance of a cease and desist order directing that all work be halted immediately. Posting the cease and desist order on work site constitutes notice of its contents to the owner and all persons working with radiation producing devices.
4.6.g. In any case where a person fails to halt work following the issuance of a cease and desist order by the Director, the violation is presumed to be willful and the person shall be assessed a civil penalty by the Director of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000) for an initial violation and not less than twenty-five thousand ($25,000) nor more than fifty thousand ($50,000) for each subsequent violation payable within thirty (30) days of the receipt of the penalty notification.
4.7. Impounding - In the event that an emergency exists affecting the public health and safety, the agency has the authority to impound or order the impounding of sources of radiation possessed by persons who are not equipped to observe or fail to observe the provisions of this rule.
4.8. Prohibitions
4.8.a. A hand-held fluoroscopic screen shall not be used with x-ray equipment unless it has been listed in the Registry of Sealed Source and Devices or accepted for certification by the Food and Drug Administration, Center for Devices and Radiological Health.
4.8.b. Shoe-fitting fluoroscopic devices shall not be used or displayed.
4.8.c. Operation of a diagnostic x-ray system shall not be permitted without a current diagnostic x-ray certificate issued by the West Virginia Bureau for Public Health.
4.9. Interpretations - Except as specifically authorized by the agency in writing, no interpretation of this rule by an officer or employee of the agency other than a written interpretation by the legal counsel will be recognized to be binding upon the agency.
4.10. Communications - All communications and reports concerning this rule, and applications filed thereunder, should be addressed to the West Virginia Division of Health, Radiological Health Program, 815 Quarrier Street, Charleston, WV 25301.


W. Va. Code R. § 64-23-4

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