Decree of Shanghai Municipal People’s Government

No. 23

The Provisions of Shanghai Municipality on Prevention and Control of Radioactive Pollution were adopted at the 63rd Routine Meeting of Shanghai Municipal People’s Government on November 30, 2009, and are hereby promulgated. They shall be effective as of January 15, 2010.

Mayor: Han Zheng

December 9, 2009

Provisions of Shanghai Municipality on Prevention and Control of Radioactive Pollution

(Promulgated by Decree No.23 of Shanghai Municipal

People’s Government on December 9, 2009)

Article 1 (Purposes and Basis)

With a view to preventing and controlling radioactive pollution, and safeguarding the environmental safety and human health, these Provisions are formulated in accordance with laws and regulations including the Law of the People’s Republic of China on Prevention and Control of Radioactive Pollution and the Regulations on the Safety and Protection of Radioisotopes and Radiation Devices, and in the light of the actual circumstances of this Municipality.

Article 2 (Scope of Application)

These Provisions apply to the prevention and control of radioactive pollution and to the activity respecting supervision and administration thereof in this Municipality

Article 3 (Responsibilities of Competent Departments)

The Shanghai municipal competent administrative department for environmental protection (hereinafter referred to as the municipal environmental protection department) shall carry out the overall supervision and administration of the prevention and control of radioactive pollution in this Municipality.

The district/county administrative department for environmental protection (hereinafter referred to as district/county environmental protection department) shall, in the area under their jurisdiction, be responsible for the following:

1. supervising units that produce, sell, or use type IV or V radioactive source or type III radiation devices on protection and control of radioactive pollution, and imposing administrative punishment for illegal acts in relation thereto;

2. supervising outdoor or field operations of flaw detectors containing radioactive source, and imposing administrative punishment for illegal acts in relation thereto; and

3. under the authorization of the municipal environmental protection department, approving and issuing radiation safety licenses to units that produce, sell or use type IV or V radioactive source or type III radiation devices.

The municipal administrative departments for public health, public security and city traffic shall, in accordance with their respective functions and duties prescribed by relevant laws and regulations, conduct the supervision and administration in respect to prevention and control of radioactive pollution.

Article 4 (Information Sharing)

The municipal and district/county environmental protection departments (hereinafter referred to as the environmental protection departments) shall, jointly with the administrative departments for public health, public security, and city traffic, by means of joint conference, periodically study and settle issues on prevention and control of radioactive pollution, and shall intensify the supervision and administration in respect to prevention and control of radioactive pollution.

The environmental protection departments shall organize and establish an information system for management of radioactive pollution. The administrative departments for environmental protection, public security, public health and city traffic shall exchange information for the purpose of information sharing.

Article 5 (Planning for Prevention and Control）      

The municipal environmental protection department shall, jointly with relevant departments, work out the planning for prevention and control of radioactive pollution in this Municipality, and shall incorporate it into this Municipality’s overall planning of environmental protection.

Each district/county environmental protection department shall, in accordance with the city’s planning for prevention and control of radioactive pollution, make its implementation plan for prevention and control of radioactive pollution.

Article 6 (Prohibition)  

It is prohibited to produce, use or store a radioisotope or a type I or II radiation device in a residential building or an office-residence complex.

It is prohibited to transfer radioisotopes or radiation devices to a unit which does not have a radiation safety license or to a unit beyond the class and scope specified in the radiation safety license the unit holds.

Article 7 (Regular Detections of Radioactive Workplace)  

A unit that produces, sells or uses radioisotopes and radiation devices (hereinafter referred to as a radiation work unit) shall entrust a qualified agency to regularly detect its workplace and surroundings according to the relevant provisions of the State on the ionization radioprotection and the safety standards of radioactive sources. Upon discovery of abnormity, the radiation work unit shall immediately take measures and shall, within 12 hours, report to the environmental protection department with jurisdiction. A medical and health institution, as the case may be, shall additionally report to the public health administrative department within 12 hours.

A radiation work unit shall put the results of regular detections into the annual assessment report on safety and protection of radioisotopes and radiation devices.

Article 8 (Routine Inspection of Flaw Detector Containing Radioactive Source)

A unit that uses a flaw detector containing radioactive source shall every day inspect and record the use and the safety and protection in the use of the detector, and shall every month report the inspection results to the local district/county environmental protection department. The local district/county environmental protection department shall carry out sample inspection over the units that use flaw detectors containing radioactive source.

A unit that uses a flaw detector containing radioactive source shall, in accordance with the provisions of the municipal environmental protection department, gradually carry out the real-time position monitoring.

Article 9 (Management of Transferred Use of Flaw Detector Containing Radioactive Source)

Where a flaw detector containing radioactive source is used in the area of this city but outside the workplace of a unit to which the flaw detector belongs, the unit shall, within three days before the use, upon presentation of the radiation safety license, file such use with the district/county environmental protection department in the area to which the detector is transferred, and shall inform the district/county environmental protection department in the area from which the detector is transferred. Where the original place and the destination of the transfer lie in the same district/county, filing formalities shall be completed at the local district/county environmental protection department. Within five days after the end of the use, the unit using the flaw detector containing radioactive source shall go through the record canceling formalities with the district/county environmental protection department where the original record was made. In the case of cross-district/county use, the unit using such detector shall additionally inform the district/county environmental protection department in the area from which the device was transferred.

Where the transferred use of a flaw detector containing radioactive source is in another province, autonomous region, or municipality directly under the central government, such use shall be filed with the municipal environmental protection department according to the relevant provisions of the State. The municipal environmental protection department shall, within 24 hours after handling such formalities, inform in writing relevant district/county environmental protection departments.

Every district/county environmental protection department shall strengthen the supervision and inspection over the transfer of a flaw detector containing radioactive source.

Article 10 (Requirements for Operations of Flaw Detector Containing Radioactive Source)

When conducting outdoor or field operations of a flaw detector containing radioactive source, the operating unit shall designate a control area with a certain range at the operating site according to the provisions, and shall set up guard lines and distinct warning signs.

During the operations, the entrusted operating unit and the flaw detecting unit shall reinforce safeguard at the flaw detecting site and strictly prohibit unrelated persons from entering therein. Each flaw detector containing radioactive source shall have two and more operators, and one and more persons responsible for caution and monitoring.

Where a flaw detector containing radioactive source needs to be stored in the open, it shall be stored in a relatively closed place. The place shall be in the charge of a person specially assigned and shall have safety and protective measures against theft and leakage of radioactive rays. No flaw detector containing radioactive source shall be deposited in a residential building or an office-residence complex or other public places.

Every district/county environmental protection department shall strengthen the supervision and administration over the operation site of a flaw detector containing radioactive source.

 Article 11 (Transport Administration of Radioactive Source and Radiation Device Containing Radioactive Source)

 Radioactive source and radiation devices containing radioactive source shall be transported by a unit with qualifications in dangerous goods transportation. Any unit without such qualifications shall not engage in the transport of radioactive source or radiation devices containing radioactive source.

 It is prohibited to transport radioactive source or radiation devices containing radioactive source by public transport means. It is prohibited to transport radioactive source or radiation devices containing radioactive source mixed with other substances.

 Road transport of type I, II or III radioactive source or unsealed radioisotopes shall use a special-purpose vehicle for transporting radioactive substances. The special-purpose vehicle shall have a safeguard prepared, the global positioning system installed, the normal operation of the global positioning system maintained and a conspicuous radiation caution sign placed in a prominent place as required by the Rules for Safe Transportation of Radioactive Substances.

 When conducting on-road vehicle inspections, the public security transport department shall, upon discovery of any abnormality in a vehicle loaded with radioactive source or radiation devices containing radioactive source, report promptly to the environmental protection department.

 Article 12 (Management of Record-Keeping Account of Radioisotopes and Radiation Devices)

A radiation work unit shall, in accordance with the provisions of the State and this Municipality, establish a record-keeping account of radioisotopes and radiation devices.

A unit that sells radioisotopes and radiation devices shall expressly record in the record-keeping account the name and address of a buyer and the number of the radiation safety license the buyer holds; a unit that uses radioisotopes and radiation devices shall expressly record the usage, maintenance, inspection and repair of such devices in the record-keeping account.

 Article 13 (Radioactive Workplace out of Commission)   

 When ceasing the use of a radioactive workplace, a radiation work unit shall put the radioactive workplace out of commission and carry out the environmental impact assessment in accordance with the law. The radioactive workplace may be put into other use only after the environmental impact assessment has passed the examination by the environmental protection department with jurisdiction.

 After the radioactive workplace is put out of commission, the radiation work unit shall, within 20 days, complete the corresponding formalities for cancellation or alteration of its radiation safety license.

Article 14 (Emergency Response and Accident Management)

The environmental protection department shall, jointly with the administrative departments for public security and public health at the same level, prepare an emergency preplan for radioactive pollution accident and put it into effect after obtaining the approval of the people’s government at the same level.

A radiation work unit shall, in accordance with the emergency preplan for radioactive pollution accident made by the municipal or district/county authorities and in light of its specific conditions, prepare its own emergency preplan and file the preplan with the local district/county environmental protection department for record.

In the case of a radioactive pollution accident, the unit involved shall activate its emergency preplan immediately, take emergency measures and report immediately to the emergency response body for public contingency or the environmental protection or public security or public health administrative department of the local district/county people’s government.

 Upon the receipt of a report on a radioactive pollution accident, the relevant department shall immediately dispatch persons to the scene to take effective measures according to their respective functions and duties, to control and eliminate the impact of the accident, and shall, at the same time, report promptly the information on the accident to the higher authorities in accordance with the state regulations on the classification report of public emergencies.

 Article 15 (Punishment for Violation of Prohibition)

 Every person that, in violation of the provision of Clause 2, Article 6 of these Provisions, transfers radioisotopes or radiation devices to a unit which does not hold a radiation safety license or to a unit beyond the class or scope specified in the license the unit holds, shall make correction by order of the environmental protection department and is liable to a fine of not less than 10,000 yuan but not more than 100,000 yuan.

 Article 16 (Punishment for Violation of Provisions on Routine Inspection of Flaw Detector Containing Radioactive Source)

 Every person that, in violation of the provision of Article 8 of these Provisions, fails to inspect, record, or report the usage and safety protection conditions of a flaw detector, or fails to conduct the real-time position monitoring, shall make correction by order of the environmental protection department with jurisdiction and is liable to a fine of not less than 10,000 yuan but not more than 30,000 yuan.

Article 17 (Punishment for Violation of Provisions on Transfer of Flaw Detector Containing Radioactive Source)

Every person that, in violation of the provision of Clause 1, Article 9 of these Provisions, fails to perform filing formalities with the environmental protection department as required, shall make correction within the prescribed time and shall be given warnings by the district/county environmental protection department in the area where a flaw detector is being used. For failure to make correction within the prescribed time, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.

 Article 18 (Punishment for Non-Compliance with Requirements for Operations of Flaw Detector Containing Radioactive Source)

 Every person that, in violation of the provision of Clause 2, Article 10 of these Provisions, fails to specially assign persons to safeguard a flaw detector containing radioactive source, shall make prompt correction by order of the district/county environmental protection department in the area where the flaw detector containing radioactive source is being used; for refusal to make correction, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.

 Every person that, in violation of the provision of Clause 3, Article 10 of these Provisions, stores a flaw detector containing radioactive source in a residential building or an office-residence complex or other public places, shall make prompt correction by order of the district/county environmental protection department in the area where the flaw detector containing radioactive source is being used and is liable to a fine of not less than 10,000 yuan but not more than 100,000 yuan.

 Article 19 (Punishment for Violation of Provisions on Road Transport of Radioactive Substances)

 Every person that, in violation of the provision of Clause 3, Article 11 of these Provisions, fails to use a special-purpose vehicle to transport a flaw detector containing radioactive source, or fails to equip the vehicle with a safeguard or the global positioning system, or fails to maintain the normal operation of the system, shall make correction by order of the environmental protection department and is liable to a fine of not less than 10,000 yuan but not more than 30,000 yuan.

 Article 20 (Punishment for Other Violations)

 Every person that violates other provisions on the prevention and control of radioactive pollution set out in these Provisions shall be dealt with by the environmental protection department and the public security department in accordance with the provisions of the Law of the People’s Republic of China on Prevention and Control of Radioactive Pollution, the Regulations on the Safety and Protection of Radioisotopes and Radiation Devices, the Regulations on Safety Administration of Radioactive Articles Transportation, and other relevant laws and regulations.

Every person that violates the provisions on the prevention and control of occupational diseases related to radioactive pollution set out in these Provisions shall be dealt with by the administrative department for public health in accordance with the provisions of the Law of the People’s Republic of China on Prevention and Control of Occupational Diseases and other relevant laws and regulations.

 Article 21 (Effective Date)

These Provisions shall be effective as of January 15, 2010.