CHAPTER 733
Transportation of Radioactive Materials

733.01   Purpose; definitions.

733.02   Permit required; exception.

733.03   Notice.

733.04   Conditions for issuance of permit; routes and times for shipping.

733.99   Penalty.

CROSS REFERENCES

      Radiation control - see Ohio R. C. 3701.90 et seq.

      Atomic energy development activity - see Ohio R. C. 4163. 01

         et seq.

      Issuance of insurance policy for radiation risks - see Ohio R. C.

         5729.07

      Starting activity without permit - see ADM. 143.05

      Hazardous materials response - see S. & P. S. Ch. 929

733.01 PURPOSE; DEFINITIONS.

   (a)   The purpose of this chapter is to provide minimum standards and regulations ensuring the safe shipment and transportation of radioactive materials through the City.

   (b)   For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory.

      (1)   "Radioactive material" means any material or combination of materials which spontaneously emits ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material, and in which the radioactivity is essentially uniformly distributed, are not considered to be radioactive materials.

      (2)    "Large quantity radioactive materials" means a quantity the aggregate radioactivity of which exceeds that specified in 10 Code of Federal Regulations (C.F.R.) Part 71, entitled "Packaging of Radioactive Material for Transport," Section 71.4(f).

      (3)    "Curie" means an expression of the quantity of radiation in terms of the number of atoms which disintegrate per second; a curie is that quantity of radioactive material which decays such that 37,000,000,000 atoms disintegrate per second.

      (4)    "Millicurie" means one thousandth of a curie.

      (5)    "Motor vehicle" means any vehicle defined in Section 402.21 of these Codified Ordinances.

      (6)    "Person" means any individual, partnership or corporation engaged in the transportation of passengers or property, as a common, contract or private carrier, or freight forwarder, as those terms are used in the Interstate Commerce Act, as amended. (Ord. 1978-119. Passed 10-16-78. )

733.02 PERMIT REQUIRED; EXCEPTION.

   (a)   A permit issued by the Mayor or his designated representative shall be required for the shipping or transportation of the following radioactive materials by motor vehicle into, within, through or out of the City:

      (1)    Plutonium isotopes in any quantity and form exceeding two grams or twenty curies, whichever is less;

      (2)    Uranium enriched in the isotope U-235 exceeding twenty-five atomic percent of the total uranium content in quantities where the U-235 content exceeds one kilogram;

      (3)    Any element with an atomic number of eighty-nine or greater, the activity of which exceeds twenty curies;

      (4)    Spent reactor fuel elements or mixed fission products associated with such fuel elements the activity of which exceeds twenty curies;

      (5)    Large quantity radioactive materials;

      (6)    Any quantity, arrangement and packaging combination of fissile material specified by the United States Nuclear Regulatory Commission as a "Fissile Class III", shipment in 10 CFR Part 71, entitled "Packaging of Radioactive Materials for Transport, " Section 71.4(d)(3); or

      (7)    Any shipment or transportation of radioactive material that is required by the appropriate regulating agency to be accompanied by an escort for safety reasons.

   (b)   This section shall not apply to radioactive materials shipped or transported by or for the United States Government for military or security purposes or which are related to national defense.  (Ord. 1978-119. Passed 10-16-78. )

733.03 NOTICE.

   When those radioactive materials requiring a permit, as specified in this chapter, are to be shipped or transported into, within, through or out of the City, the shipper or carrier or person otherwise responsible shall first notify the Mayor or his designated representative, on a form provided, two weeks prior to the date of shipment. The form shall include the date of shipment, the type and quantity of radioactive materials involved, the method of transportation, the route, the starting point, the destination and such other information as the Mayor or his designated representative may reasonably require. Any information which cannot be supplied two weeks prior to shipment or transportation shall be supplied promptly by the person responsible for such shipment or transportation when such information becomes available to him. Nothing herein shall be construed as requiring the disclosure of any defense information or restricted data as defined in the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974, as amended.

(Ord. 1978-119. Passed 10-16-78.)

733.04 CONDITIONS FOR ISSUANCE OF PERMIT; ROUTES AND TIMES FOR SHIPPING.

   (a)    The Mayor or his designated representative shall not issue a permit to any person for the shipment or transportation of those radioactive materials specified in this chapter unless:

      (1)    There is a showing that the radioactive material has been or will be containerized and packaged, and all warning labels affixed to the outer container holding the radioactive material and the motor vehicle transporting such material, in conformity with the regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission or other related Federal or State agency, regardless of whether the shipment is being made intracity, intrastate or interstate.

      (2)    There is a showing that the shipment or transportation of radioactive materials is necessitated by urgent public policy or national security interests transcending public safety and health concerns of the City. For the purpose of this section:

         A.    An "urgent public policy," includes medical and educational interests.

         B.    An "urgent public policy" does not include interests other than medical and educational interests unless expressly authorized in writing by the United States Department of Transportation or by any other appropriate Federal or State agency which may be required by the Director of Health or his designated representative. Such authorization shall state that the particular interest involved is, in the opinion of the agency, permitted by Federal or State regulations pertaining to the shipment or transportation of radioactive materials and that the interest involved justifies the apparent risks resulting from such shipment or transportation.

   (b)   Radioactive materials which are permitted to be shipped or transferred through the City pursuant to this chapter shall be shipped or transported through the City over such route or routes, or at such time or times of the day, consistent with the public health, safety and welfare and the convenience of the shipper or carrier, as the Director of Health or his designated representative may direct.  (Ord. 1978-119.  Passed 10-16-78.)

733.99 PENALTY.

   (EDITOR'S NOTE: See Section 101.99 for general Code penalty if no specific penalty is provided.