42 U.S.C. § 2114 | Authorities of Commission respecting certain byproduct material

(a)

Management function

section 2014(e)(2) of this titleThe Commission shall insure that the management of any byproduct material, as defined in , is carried out in such manner as—

(1)

1 So in original.

the Commission deems appropriate to protect the public health and safety and the environment from radiological and non-radiological hazards associated with the processing and with the possession and transfer of such material, taking into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate,,

(2)

section 2022 of this title conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under , and

(3)

42 U.S.C. 6901 conforms to general requirements established by the Commission, with the concurrence of the Administrator, which are, to the maximum extent practicable, at least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator under the Solid Waste Disposal Act, as amended [ et seq.].

(b)

Rules, regulations, or orders for certain activities; civil penalty

In carrying out its authority under this section, the Commission is authorized to—

(1)

section 2111 of this title by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing under to conduct monitoring, perform remedial work, and to comply with such other measures as it may deem necessary or desirable to protect health or to minimize danger to life or property, and in connection with the disposal or storage of such byproduct material; and

(2)

make such studies and inspections and to conduct such monitoring as may be necessary.

section 2113 of this title section 2282 of this titleAny violation by any person other than the United States or any officer or employee of the United States or a State of any rule, regulation, or order or licensing provision, of the Commission established under this section or shall be subject to a civil penalty in the same manner and in the same amount as violations subject to a civil penalty under . Nothing in this section affects any authority of the Commission under any other provision of this chapter.

(c)

Alternative requirements or proposals

section 2014(e)(2) of this title section 2022 of this titleIn the case of sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct material as defined in , a licensee may propose alternatives to specific requirements adopted and enforced by the Commission under this chapter. Such alternative proposals may take into account local or regional conditions, including geology, topography, hydrology and meteorology. The Commission may treat such alternatives as satisfying Commission requirements if the Commission determines that such alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and requirements adopted and enforced by the Commission for the same purpose and any final standards promulgated by the Administrator of the Environmental Protection Agency in accordance with .

Aug. 1, 1946, ch. 724 Pub. L. 95–604, title II, § 205(a)Nov. 8, 197892 Stat. 3039 Pub. L. 97–415Jan. 4, 198396 Stat. 2079 Pub. L. 102–486, title IX, § 902(a)(8)Oct. 24, 1992106 Stat. 2944(, title I, § 84, as added , , ; amended , §§ 20, 22(a), , , 2080; renumbered title I, , , .)

Editorial Notes

References in Text

Pub. L. 89–272 Pub. L. 94–580, § 2Oct. 21, 197690 Stat. 2795 section 6901 of this titleThe Solid Waste Disposal Act, as amended, referred to in subsec. (a)(3), is title II of , as amended generally by , , , which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Aug. 1, 1946, ch. 724 act Aug. 30, 1954, ch. 1073, § 1 68 Stat. 919 section 2011 of this titleThis chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning , as added by , , known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 97–415, § 22(a)1983—Subsec. (a)(1). , inserted provision that the Commission is to take into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate.

Pub. L. 97–415, § 20Subsec. (c). , added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

Nov. 8, 1978section 208 of Pub. L. 95–604 section 2014 of this titleSection effective , see , set out as an Effective Date of 1978 Amendment note under .