Section 115010 Of Article 3. Control Agency From California Health And Safety Code >> Division 104. >> Part 9. >> Chapter 8. >> Article 3.
115010
. (a) The department shall not grant any license to receive
radioactive material from other persons for disposal on land unless
all of the following requirements are satisfied:
(1) The land on which the radioactive wastes are to be buried is
owned by the federal or state government.
(2) The department determines that the site is consistent with the
public health and safety.
(3) The applicant for the license will comply with the emergency
regulations adopted by the department pursuant to subdivision (b).
(b) Not later than six months after September 28, 1983, the
department shall adopt emergency regulations for the licensing of
those persons engaged in the disposal of low-level radioactive waste
and for implementing this section and Sections 115015, 115020, and
115030.
The emergency regulations shall be consistent with the federal
regulations found in Sections 301 through 311, inclusive, of Part 20
of Title 10 and in Part 61 of Title 10 of the Code of Federal
Regulations (Federal Register, Vol. 47, No. 28, page 57446, December
27, 1982) and shall be adopted solely for the purposes of clarifying
and rendering specific, for application in California, these federal
regulations and implementing this section and Sections 115015,
115020, and 115030.
(c) The emergency regulations specified in subdivision (b) shall
be adopted by the department in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, any emergency
regulations adopted by the department pursuant to this subdivision
shall not be repealed by the Office of Administrative Law and shall
remain in effect until revised or repealed by the department.
(d) The department may, by emergency regulation adopted in
accordance with subdivision (c), establish and collect a fee for the
issuance or renewal of a license specified in subdivision (a).