ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To regulate the acquisition, use, and disposition of radiation in the District, to establish licensure,
certification, and registration requirements, to authorize the inspection of persons who
receive, possess, use, transfer, own, acquire, or operate sources of radiation, to authorize
the Mayor to seize, impound, and destroy radiation products, and to take administrative
enforcement actions for violations of this act, including the imposition of civil fines, to
authorize the Office of the Attorney General to seek civil and criminal penalties for
violations of this act, and to authorize the Mayor to issue rules to implement the
provisions of this act; and to repeal the District of Columbia Low-Level Radioactive
Waste Generator Regulatory Policy Act of 1990.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Radiation Protection Act of 2024”.
Sec. 2. Definitions.
For the purposes of this act, the term:
(1) “Ionizing radiation” means alpha particles, beta particles, gamma rays, x-rays,
high-speed electrons, high-speed protons, neutrons, and other particles capable of producing
ions.
(2) “Ionizing radiation machine or equipment” means a radiation machine or
equipment that is capable of producing ionizing radiation.
(3) “Nonionizing radiation” means electromagnetic radiation, other than ionizing
radiation.
(4) “Nonionizing radiation medical machine or equipment” means:
(A) Magnetic resonance imaging equipment;
(B) Ultrasonography equipment; or
(C) Any other radiation machine or equipment used in a clinical healthcare
setting that is not capable of producing ionizing radiation, as identified by the Mayor through
rulemaking.
(5) “Person” includes corporations, companies, associations, firms, partnerships,
societies, and joint stock companies, individuals, and governmental entities; except, that the term
shall not include the federal government.
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(6) “Radiation” means ionizing radiation and nonionizing radiation; except, that
the term shall not include nuclear radiation regulated by the Nuclear Regulatory Commission or
a successor thereto.
(7) “Radiation machine facility” means a location, vehicle, building, or complex
where an ionizing radiation machine or equipment or a regulated nonionizing radiation medical
machine or equipment is installed, located, or used. The term radiation machine facility does not
include a location, building, or complex where the only ionizing machine or equipment present is
a cabinet x-ray system, metal detector, or other machine or equipment used solely for security
screening.
(8) “Radiation machine or equipment” means a device that is capable of
producing radiation; except, that the term does not include a device that produces radiation only
by the use of radioactive material.
(9) “Radioactive material” means any material, including a solid, liquid, or gas,
that emits ionizing radiation spontaneously.
(10) “Radioactive waste” means any non-useful material that is contaminated with
radioactive material that emits gamma or beta radiation and registers above normal background
levels.
(11) “Supplier” means a person who makes, sells, leases, repairs, lends, transfers,
or installs medical or dental x-ray equipment for use in the District.
Sec. 3. Regulation of radiation; licensure, certification, and registration requirements.
(a) Except as otherwise provided in this act, no person shall make, acquire, receive,
possess, lease, lend, use, donate, service, transfer, transport, install, or dispose of a source of
ionizing radiation, radioactive material, or radioactive waste in the District.
(b)(1) A person shall be licensed, certified, or registered in order to:
(A) Make, acquire, receive, possess, use, transfer, or dispose of a source of
ionizing radiation, radioactive material, or radioactive waste in the District;
(B) Operate, receive, possess, use, transfer, own, acquire, or dispose of an
ionizing radiation machine or equipment in the District;
(C) Own, operate, or manage a radiation machine facility in the District
where an ionizing radiation machine or equipment is installed, located, or used; or
(D) Operate as an ionizing radiation machine or equipment supplier in the
District.
(2) Paragraph (1)(B) of this subsection shall not apply to an individual licensed to
practice medical radiation technology in a category authorized to operate an ionizing radiation
machine or equipment pursuant to Title VIII-G of the District of Columbia Health Occupations
Revision Act of 1985, effective July 19, 2024 (D.C. Law 25-191; D.C. Official Code § 3-
1208.91 et seq.).
(3) Paragraph (1)(A) of this subsection shall not apply to a solid waste facility
permitted pursuant to the Solid Waste Facility Permit Act of 1995, effective February 27, 1996
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(D.C. Law 11-94; D.C. Official Code § 8-1051 et seq.) (“Solid Waste Act”), if the facility’s
contact with radioactive waste is unintentional and its handling or disposal of the radioactive
waste is consistent with its obligations under the Solid Waste Act.
(c) All ionizing radiation machines or equipment in the District shall be registered with
the Mayor.
(d) The Mayor, through rulemaking, may:
(1) Require, and establish standards and procedures for, the licensure, registration,
or certification of a person who:
(A) Operates, receives, possesses, uses, transfers, owns, acquires, or
disposes of a nonionizing radiation medical machine or equipment; except, that this
subparagraph shall not apply to an individual licensed to practice medical radiation technology in
a category authorized to operate such machinery or equipment pursuant to Title VIII-G of the
District of Columbia Health Occupations Revision Act of 1985, effective July 19, 2024 (D.C.
Law 25-191; D.C. Official Code § 3-1208.91 et seq.);
(B) Owns, operates, or manages a radiation machine facility where a
nonionizing radiation medical machine or equipment is installed, located, or used; or
(C) Operates as a nonionizing radiation medical machine or equipment
supplier;
(2) Require, and establish standards and procedures for, the registration of
nonionizing radiation medical machines or equipment;
(3) Establish requirements and standards for the:
(A) Use of ionizing radiation machines or equipment, nonionizing
radiation medical machines or equipment, and radioactive material;
(B) Operation of radiation machine facilities; and
(C) Receipt, possession, use, transfer, and disposal of sources of ionizing
radiation or nonionizing radiation medical machines or equipment.
(4) Restrict or exclude persons who are unqualified or otherwise fail to observe
the provisions of this act or rules issued pursuant to this act from acquiring, receiving,
possessing, using, transferring, or disposing of a source of ionizing radiation, radioactive
material, radioactive waste, or nonionizing radiation medical machines or equipment;
(5) Establish recordkeeping requirements for purchases, sales, transfers, and
disposals of ionizing radiation machines or equipment and nonionizing radiation medical
machines or equipment; and
(6) Establish fees for:
(A) The application and issuance of new, duplicate, amended, and renewal
licenses, registrations, certificates, and accreditations;
(B) Exemption requests and issuances;
(C) Compliance inspections; and
(D) Such other actions under this act as the Mayor deems appropriate.
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Sec. 4. Mayoral enforcement authority.
(a) To protect the health, safety, welfare, or property of individuals or the public from the
impacts of ionizing and nonionizing radiation, the Mayor may:
(1) Inspect a facility, operation, machine, or equipment:
(A) Licensed, certified, or registered pursuant to section 3(b) or (c), or
pursuant to section 3(d) if licensure, certification, or registration is required by the Mayor
through rulemaking;
(B) Possessing or reasonably suspected of possessing a source of ionizing
radiation or a nonionizing radiation medical machine or equipment regulated by the Mayor
through rulemaking; or
(C) That is otherwise related to a facility, operation, machine, or
equipment under inspection;
(2) Inspect records related to a facility, operation, machine, equipment, or person:
(A) Licensed, certified, or registered pursuant to section 3(b) or (c), or
pursuant to section 3(d) if licensure, certification, or registration is required by the Mayor
through rulemaking;
(B) Reasonably suspected of needing to be licensed, certified, or
registered; or
(C) Possessing or reasonably suspected of possessing a source of ionizing
radiation or a nonionizing radiation medical machine or equipment regulated by the Mayor
through rulemaking;
(3) Conduct examinations and tests:
(A) Of sources of ionizing radiation, radioactive material, or radioactive
waste regulated by the Mayor through rulemaking;
(B) Of radiation machines or equipment, including nonionizing radiation
medical machines or equipment regulated by the Mayor through rulemaking, or facilities where
sources of ionizing radiation are used or stored, radiation detection and monitoring instruments,
and other equipment and devices used in connection with the utilization or storage of sources of
ionizing radiation; or
(C) To determine exposure to a radiological agent; or
(4)(A) Seize and impound a source of ionizing radiation, radioactive material,
radioactive waste, nonionizing radiation medical machine or equipment regulated by the Mayor
through rulemaking, or any part thereof (“radiation product”), if it:
(i) Is in the possession of a person who is not licensed, certified, or
registered pursuant to section 3(b) or (d) or is not equipped or qualified by training and
experience to possess and operate such radiation product;
(ii) Is an ionizing radiation machine or equipment not registered
pursuant to section 3(c) or a nonionizing radiation medical machine or equipment not registered
if required by the Mayor through rulemaking;
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(iii) Is in the possession or control of a person who fails to comply
with the requirements of this act or the rules issued pursuant to this act;
(iv) Does not comply with the requirements of this act or the rules
issued pursuant to this act; or
(v) Is being used in violation of this act or the rules issued pursuant
to this act.
(B)(i) Except as provided in sub-subparagraph (ii) of this subparagraph,
the Mayor shall provide written notice and an opportunity to be heard for any seizure or
impoundment carried out under the authority of this paragraph consistent with the requirements
of subsection (b) of this section.
(ii) If the action giving rise to the seizure or impoundment poses an
immediate threat to the health, safety, welfare, or property of individuals or the public the notice
and hearing procedures described in subsection (c) of this section shall apply.
(b)(1) If the Mayor determines that a radiation product poses a threat to the health, safety,
welfare, or property of individuals or the public, the Mayor shall seize, impound, destroy, or
otherwise dispose of the radiation product.
(2) Except as otherwise provided in subsection (c) of this section, the Mayor shall
provide written notice and an opportunity to be heard to the owner or person in possession or
control of a radiation product that is a threat to the health, safety, welfare, or property of
individuals or the public before seizing, impounding, destroying, or otherwise disposing of the
product. The notice shall describe the action the Mayor intends to take, the basis for the action,
and the right of the respondent to request a hearing. If the identity of the owner or person in
possession or control is unknown, the Mayor may:
(A) Leave such notice with any competent person who is at least 18 years
of age;
(B) Post the notice at the location where the Mayor intends to take the
prescribed action; or
(C) Provide notice by any other reasonable means.
(c)(1) If the Mayor determines that a radiation product poses an immediate threat to the
health, safety, welfare, or property of individuals or the public, the Mayor shall, without prior
notice or opportunity to be heard, seize, impound, destroy, or otherwise dispose of the radiation
product.
(2) The Mayor shall provide written notice to the owner or person in control of
the radiation product upon seizing, impounding, destroying, or otherwise disposing of the
product. The notice shall include:
(A) A description of the action taken by the Mayor;
(B) The basis for the action;
(C) The right of the respondent to request a hearing; and
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(D) The amount the respondent shall pay pursuant to paragraph (3) of this
subsection; provided, that the Mayor may issue a separate notice to recover the costs and
expenses authorized by paragraph (3) of this subsection, or any portion thereof.
(3) The Mayor may recover up to 3 times the cost and expense incurred for taking
action to protect the public from the effects and potential effects of a violation of this act or a
rule issued pursuant to this act.
(4) If the identity of the owner or person in possession or control of the radiation
product is unknown, the Mayor may:
(A) Leave such notice with any competent person who is at least 18 years
of age;
(B) Post the notice at the location where the Mayor took the prescribed
action; or
(C) Provide notice by any other reasonable means.
(5) If, after a hearing, it is determined that the Mayor erroneously seized,
impounded, destroyed, or otherwise disposed of the radiation product, the Mayor may be ordered
to return the property to the owner or person in possession or control or pay the fair market value
of the property if it has been damaged or destroyed.
(d)(1) The Mayor may impose civil fines and penalties for any violation of this act, or
any rule issued pursuant to this act, pursuant to the Department of Consumer and Regulatory
Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official
Code § 2-1801.01 et seq.) (“Civil Infractions Act”); except, that the Mayor may recover up to 3
times the cost and expense of taking action to protect the public from the effects or potential
effects of the violation. Fines and penalties may be imposed for each day that a violation
continues.
(2) The adjudication of any fine, penalty, or corrective action imposed under this
subsection shall be pursuant to the Civil Infractions Act.
(3)(A) The notice of infraction may require the respondent to take action to
correct a violation of this act or a rule issued pursuant to this act, or to cease conduct that violates
this act or a rule issued pursuant to this act.
(B) If the notice of infraction requires the respondent to take corrective
action, the notice of infraction shall, in addition to the information required by section 201 of the
Civil Infractions Act (D.C. Official Code § 2-1802.01), include:
(i) A statement that the respondent’s conduct violating the act or
rule must cease, or that the respondent must take action to correct the violation;
(ii) The date and time by which the respondent must cease the
violating conduct or take the corrective action;
(iii) A statement that if the respondent fails to comply with the
notice or fails to request a hearing within the stated time, the Mayor may:
(I) Take action to protect the public from the effects and
potential effects of the violation; and
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(II) Recover up to 3 times the cost and expense of taking
action to protect the public from the effects or potential effects of the violation.
(4) The Mayor may cause to be entered any final order or agency decision issued
under this subsection requiring a person to take corrective action or to pay fines, penalties, or
costs as a judgment against the person in the Superior Court of the District of Columbia. The
Mayor may enforce the judgment in the same manner as any other civil judgment may be
enforced under District law.
(5) Any person adversely affected or aggrieved by a final order of the Mayor
issued pursuant to this subsection may, after exhaustion of all administrative remedies, appeal
the order to a court of competent jurisdiction.
(e)(1) If the Mayor determines that a violation of this act or a rule issued pursuant to this
act poses an immediate threat to the health, safety, welfare, or property of individuals or the
public, the Mayor may issue an immediate compliance order or an immediate cease and desist
order without first issuing a notice of infraction or opportunity to be heard, or may seek a
temporary restraining order, in order to require a person to correct a violation of this act or a rule
issued pursuant to this act.
(2) A compliance order or cease and desist order issued under this subsection
shall be effective upon issuance and shall become final unless the person named in the order
requests a public hearing within 72 hours after the order is served. If requested,