Title: Section 16.18 - Additional requirements; surrender of radioactive material; sealing of radiation equipment

16.18 Additional requirements; surrender of radioactive material; sealing of radiation equipment. Notwithstanding any exemption set forth in this Part:

(a) The department may, by rule, regulation or order, impose upon any person possessing a radiation source such requirements, in addition to those set forth in this Part, as it deems appropriate or necessary to protect the public health and safety and to minimize danger to life and property from radiation hazards.(8)

(b) The department may by order require the removal through an authorized transferree or the surrender to the department of any radioactive material by any person who is not able or equipped, or who fails, to observe with regard to such radioactive material such radiation protection standards as are established by the department, or who uses such radioactive material in violation of law or this Part or order of the department or in a manner other than as set forth in a license issued therefor by the department. Such person shall decontaminate any premises which may have been contaminated with radioactive material as a result of his activities to such radiation levels as the department may specify. The expenses incidental to such transfer, surrender, and/or decontamination shall be borne by such person responsible for the source.

(c) The department may by order require radiation equipment sealed, with an official New York State Department of Health seal or other suitable method, when such equipment is used by any person who is not able or equipped, or fails to observe with regard to such radiation equipment such radiation protection standards as are established by the department, or who uses such radiation equipment in violation of law or this Part or order of the department. Radiation equipment sealed by the department pursuant to this subdivision shall not be unsealed without prior authorization by the department.

_________________________________________________________________________ FOOTNOTE (8): In evaluating the necessity for additional requirements the department will consider among other things the Federal Radiation Protection Guidance published in the Federal Register on May 13, 1960 (25FR4402) and on January 27, 1987 (52FR2822) and the recommendations of the National Council on Radiation Protection and Measurements. _________________________________________________________________________