§ 204.01 Definitions

   As used in this chapter:

   (a)   “Byproduct material” means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the process of producing or utilizing special nuclear material.

   (b)   “Special nuclear material” means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material which the Nuclear Regulatory Commission, pursuant to law, determines to be special nuclear material. “Special nuclear material” does not include source material.

   (c)   “Spent fuel” means irradiated nuclear fuel that has undergone at least one (1) year’s decay since being used as a source of energy in a power reactor. “Spent fuel” includes special nuclear fuel material, byproduct material, source material and other radioactive material associated with fuel assemblies.

(Ord. No. 394-82. Passed 2-22-82, eff. 2-25-82)

§ 204.02 Storing Nuclear Materials in or Under Lake Erie

   (a)   No person shall store or dispose of any byproduct material, special nuclear material or spent fuel, in, on or under the lake bed of Lake Erie lying within the prolongation of the boundaries of the City.

   (b)   No person shall ship or transport any byproduct material, special nuclear material or spent fuel into or within the City for the purpose of storing or disposing of the same in, on or under the lake bed of Lake Erie.

(Ord. No. 394-82. Passed 2-22-82, eff. 2-25-82)

§ 204.03 Feasibility Tests

   No person shall conduct any test or demonstration project, with or without using any byproduct material, special nuclear material or spent fuel, which test or demonstration project is intended to or conducted to determine the feasibility of storing or disposing of such materials in, on or under the lake bed of Lake Erie lying within the prolongation of the boundaries of the City.

(Ord. No. 394-82. Passed 2-22-82, eff. 2-25-82)

§ 204.04 Nuisance Abatement

   Any violation of Section 204.02 or 204.03 shall constitute a nuisance within the meaning of Chapter 203, and the Commissioner of Environmental Health is hereby charged with the duty of taking immediate steps to abate such nuisance.

(Ord. No. 394-82. Passed 2-22-82, eff. 2-25-82)

§ 204.99 Penalty

   Whoever violates Section 204.02 or 204.03 is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than one (1) year, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. No. 394-82. Passed 2-22-82, eff. 2-25-82)