N.Y. Comp. Codes R. & Regs. tit. 12 § 38.13

Current through Register Vol. 46, No. 50, December 11, 2024

Section 38.13 - Removal of radioactive material

(a) Notwithstanding any exemptions contained in this Part (rule), any person who uses, possesses or stores radioactive materials in violation of any provision of law or of this Part (rule) or of his own license, or of any order of the commissioner, shall, upon order of the commissioner, remove or provide for the removal of such materials at his own expense through the use of an authorized transferee and shall decontaminate the installation to the limits specified in Table 5 of this Part (rule).

(b) In the event that a person fails to comply with the provisions of subdivision (a) of this section, the commissioner may seize and remove the radioactive material and, if necessary, decontaminate the installation to the limits specified in Table 5 of this Part (rule), and shall be reimbursed for the expense thereof by the person failing to comply with the provisions of subdivision (a) of this section. If such person is a corporation, the officers and agents who knowingly permit the corporation to violate the provisions of subdivision (a) of this section shall be personally responsible for such expense.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.13