343.01 Purpose and definitions.
343.02 Permit required.
343.03 Notice.
343.04 Issuance of permit.
343.99 Penalty.
CROSS REFERENCES
Criminal damaging or endangering - see Ohio R.C. 2909.06; GEN. OFF. 541.10
Liability for hazardous spills, releases or discharges - see Ohio R.C. Ch. 3745.13
Low-Level Radioactive Waste Act - see Ohio R.C. Ch. 3747
Insurance policies relative to radioactive materials - see Ohio R.C. 5729.07
Vehicles transporting explosives - see TRAF. 339.04
Permits for hazardous materials - see B. & H. 1703.03
(a) The purpose of this chapter is to provide minimum standards and regulations insuring the safe shipment and transportation of radioactive materials through the City.
(b) For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. 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 and Transportation of Radioactive material for Transport," Section 71.4(f), as amended.
(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 materials which decays such that thirty-seven billion atoms disintegrate per second.
(4) "Millicurie" means one thousandth of a curie.
(5) "Motor vehicle" means any vehicle defined as a "motor vehicle" in Section 301.20 of the Traffic Code of the Codified Ordinances of the City.
(6) "Railroad" means any carrier defined in Section 301.30 of the Traffic Code.
(7) "Person" means any individual, partnership or corporation engaged in the transportation of passengers or property, as common, contract or private carrier, or freight forwarder, as those terms are used in the Interstate Commerce Act, as amended.
(Ord. 256-1978. Passed 11-6-78.)
(a) A permit issued by the Administrative Director or his or her designated representative, shall be required for the shipping or transportation of the following radioactive materials by motor vehicle or railroad 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 elements with atomic number 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 C.F.R. Part 71 entitled "Packaging and Transportation of Radioactive Materials for Transport," Section 71.4, as amended;
(7) Any shipment or transportation of radioactive materials 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.
(c) Whoever violates or fails to comply with this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 307.01.
(Ord. 256-1978. Passed 11-6-78.)
(a) 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 of Euclid, the shipper or carrier, or person otherwise responsible, shall first notify the Administrative Director or his or her designated representative, in a form provided, two weeks prior to the date of shipment. The form shall include the date of shipment, type and quantity of radioactive materials involved, method of transportation, route, starting point, destination and other such information as the Administrative Director or his or her 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 or her. 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.
(b) Whoever violates or fails to comply with this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 307.01.
(Ord. 256-1978. Passed 11-6-78.)
(a) The Administrative Director or his or her designated representative shall not issue a permit to any person for the shipment or transportation of those radioactive materials specified in this chapter, unless all Federal and/or State laws and State regulations and those of the Nuclear Regulatory Commission are adhered to.
(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 Administrative Director or his or her designated representative may direct.
(c) Whoever violates or fails to comply with this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 307.01.
(Ord. 256-1978. Passed 11-6-78.)