Utah Code 19-3-108.1. Powers and duties of director

19-3-108.1. Powers and duties of director.

(1)

The director shall, in connection with this chapter and rules of the board adopted under this part:

Board: means the Waste Management and Radiation Control Board created under Section 19-1-106. See Utah Code 19-3-102
Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
Property: includes both real and personal property. See Utah Code 68-3-12.5
Radiation: means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles. See Utah Code 19-3-102
Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)	develop programs to promote and protect the public from radiation sources in the state;

(b)	advise, consult, cooperate with, and provide technical assistance to another agency, a state, the federal government, a political subdivision, an industry, or another person in carrying out this part;

(c)	receive specifications or other information relating to a licensing application for radioactive material or registration of a radiation source for review, approval, disapproval, or termination;

(d)	issue a permit, license, registration, certification, or other administrative authorization;

(e)	review and approve a plan;

(f)	assess a penalty in accordance with Section 19-3-109;

(g)	impound radioactive material under Section 19-3-111;

(h)	issue an order necessary to enforce this part;

(i)	enforce an order by an appropriate administrative and judicial proceeding; and

(j)	institute a judicial proceeding to secure compliance with this part.

(2)

The director may:

(a)	cooperate with any person in studies, research, or demonstration projects regarding radioactive waste management or control of radiation sources;

(b)	employ employees as may be reasonably necessary to carry out this part;

(c)	subject to Subsection 19-3-103.1(2)(b), settle or compromise any administrative or civil action initiated to compel compliance with this part and rules adopted under this part; and

(d)	authorize employees or representatives of the department to enter, at reasonable times and upon reasonable notice, in and upon public or private property for the purpose of inspecting and investigating conditions and records concerning radiation sources and as otherwise authorized by this part.

Enacted by Chapter 256, 2020 General Session