Wis. Admin. Code Department of Health Services DHS 157.04 - Exemptions from the regulatory requirements

(1) GENERAL. The department may, upon application or upon its own initiative, grant such exemptions or exceptions from the requirements of this chapter as it determines are authorized by law and will not result in undue hazard to public health and safety or property or endanger the common defense and security.

(2)U.S. DOE AND NRC CONTRACTORS. U.S. department of energy contractors or subcontractors and any NRC contractor or subcontractor in any of the following categories operating within this state are exempt from this chapter to the extent that the contractor or subcontractor under their contract receives, possesses, uses, transfers or acquires sources of radiation:

(a) Prime contractors performing work for the U.S. department of energy at U.S. government owned or controlled sites, including the transportation of byproduct material to or from such sites and the performance of contract services during temporary interruptions of such transportation.

(b) Prime contractors of the U.S. department of energy performing research in, or development, manufacture, storage, testing or transportation of atomic weapons or components of atomic weapons.

(c) Prime contractors of the U.S. department of energy using or operating nuclear reactors or other nuclear devices in a United States government owned vehicle or vessel.

(d) Any other prime contractor or subcontractor of the U.S. department of energy or of the NRC when the state and the NRC jointly determine all the following:

1. The exemption of the prime contractor or subcontractor is authorized by law.

2. Under the terms of the contract or subcontract, there is adequate assurance that the work may be accomplished without undue risk to the public health and safety.

Notes

Wis. Admin. Code Department of Health Services DHS 157.04

CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.