(1) The
department of health is designated as the state radiation control
agency, hereinafter referred to as the agency, and shall be the
state agency having sole responsibility for administration of the
regulatory, licensing, and radiation control provisions of this
chapter.
(2) The secretary of health shall be director of the agency,
hereinafter referred to as the secretary, who shall perform the
functions vested in the agency pursuant to the provisions of this
chapter.
(3) The agency shall appoint a state radiological control
officer, and in accordance with the laws of the state, fix his
compensation and prescribe his powers and duties.
(4) The agency shall for the protection of the occupational
and public health and safety:
(a) Develop programs for evaluation of hazards associated
with use of ionizing radiation;
(b) Develop a statewide radiological baseline beginning with
the establishment of a baseline for the Hanford reservation;
(c) Implement an independent statewide program to monitor
ionizing radiation emissions from radiation sources within the
state;
(d) Develop programs with due regard for compatibility with
federal programs for regulation of by-product, source, and
special nuclear materials;
(e) Conduct environmental radiation monitoring programs
which will determine the presence and significance of radiation
in the environment and which will verify the adequacy and
accuracy of environmental radiation monitoring programs conducted
by the federal government at its installations in Washington and
by radioactive materials licensees at their installations;
(f) Formulate, adopt, promulgate, and repeal codes, rules
and regulations relating to control of sources of ionizing
radiation;
(g) Advise, consult, and cooperate with other agencies of
the state, the federal government, other states and interstate
agencies, political subdivisions, and with groups concerned with
control of sources of ionizing radiation;
(h) Have the authority to accept and administer loans,
grants, or other funds or gifts, conditional or otherwise, in
furtherance of its functions, from the federal government and
from other sources, public or private;
(i) Encourage, participate in, or conduct studies,
investigations, training, research, and demonstrations relating
to control of sources of ionizing radiation, including the
collection of statistical data and epidemiological research,
where available, on diseases that result from exposure to sources
of ionizing radiation;
(j) Collect and disseminate information relating to control
of sources of ionizing radiation; including:
(i) Maintenance of a file of all license applications,
issuances, denials, amendments, transfers, renewals,
modifications, suspensions, and revocations;
(ii) Maintenance of a file of registrants possessing sources
of ionizing radiation requiring registration under the provisions
of this chapter and any administrative or judicial action
pertaining thereto; and
(iii) Maintenance of a file of all rules and regulations
relating to regulation of sources of ionizing radiation, pending
or promulgated, and proceedings thereon;
(k) Collect and disseminate information relating to
nonionizing radiation, including:
(i) Maintaining a state clearinghouse of information
pertaining to sources and effects of nonionizing radiation with
an emphasis on electric and magnetic fields;
(ii) Maintaining current information on the status and
results of studies pertaining to health effects resulting from
exposure to nonionizing radiation with an emphasis on studies
pertaining to electric and magnetic fields;
(iii) Serving as the lead state agency on matters pertaining
to electric and magnetic fields and periodically informing state
agencies of relevant information pertaining to nonionizing
radiation;
(l) In connection with any adjudicative proceeding as
defined by RCW 34.05.010 or any other administrative proceedings
as provided for in this chapter, have the power to issue
subpoenas in order to compel the attendance of necessary
witnesses and/or the production of records or documents.
(5) In order to avoid duplication of efforts, the agency may
acquire the data requested under this section from public and
private entities that possess this information.
[1990 c 173 § 2; 1989 c 175 § 132; 1985 c 383 § 1; 1985 c 372 § 1; 1971 ex.s. c 189 § 10; 1970 ex.s. c 18 § 16; 1965 c 88 § 3; 1961 c 207 § 5.]
NOTES:
Finding -- 1990 c 173: "The legislature finds that concern has been raised over possible health effects resulting from exposure to nonionizing radiation, and specifically exposure to electric and magnetic fields. The legislature further finds that there is no clear responsibility in state government for following this issue and that this responsibility is best suited for the department of health." [1990 c 173 § 1.]
Effective date -- 1989 c 175: See note following RCW 34.05.010.
Severability -- 1985 c 372: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 372 § 5.]
Effective date -- Severability -- 1970 ex.s. c 18: See notes following RCW 43.20A.010.