(a) The Manager, or his designated representative, shall not issue a permit to any person for the shipment or transportation of radioactive materials or chemical substances as specified in this chapter, unless:
(1) There is a showing by the shipper that the radioactive materials or hazardous chemical substances has been or shall be containerized and packaged, all warning labels affixed to the outer container holding the radioactive material or hazardous chemical substances and the motor vehicle or railroad car 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 agencies regardless of whether the shipment is being made intracity, intrastate or interstate; and
(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 Municipality. For the purposes of this section:
A. An "urgent public policy" shall include medical and educational interests.
B. An "urgent public policy" shall 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 is, in the opinion of the agency, permitted by Federal or State regulations pertaining to the shipment or transportation of radioactive materials or hazardous chemical substances, and that the interest involved justifies the apparent risks resulting from such shipment or transportation.
(b) The Manager shall cause the Chief of Police, Fire Chief, County Disaster Service Agencies, the County Health Department and other agencies he deems necessary to be notified of the shipment or transportation of the materials as herein described. The Manager shall be responsible for taking all security precautions as possible and shall cause an escort to be provided for each shipment as he deems necessary. The materials to be shipped or transported shall be shipped or transported 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 the carrier, as the Manager or his designated representative may direct.
(c) A fee of $10 per shipment is hereby required to be paid upon the application for a permit.
(d) The Manager shall cause this chapter to be posted according to law.
(e) No person shall transport within the Municipality radioactive materials or hazardous chemicals as defined herein without first having secured a permit as required herein.
(Ord. 722. Passed 8-2-79.)