773.01 Purpose and definitions.
773.02 Permit required.
773.03 Notice.
773.04 Issuance of permit.
773.99 Penalty.
CROSS REFERENCES
Protection, radiation - see Ohio R.C. 3701.90 et seq.
Definitions; regulations - see Ohio R.C. 3716.01 et seq.
Hazardous waste - see Ohio R.C. 3734.01 et seq.
Transporters of hazardous waste - see OAC Ch. 3745-53
(a) Purpose. 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) Definitions. For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning 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 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 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 301.51 of the Codified Ordinances of the City.
(6) “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. 129-79. Passed 7-16-79.)
(a) A permit issued by the Director of Public Service and Safety 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 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 Regulatory 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. 129-79. Passed 7-16-79.)
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 Director of Public Service and Safety or his 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 such other information as the Director 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 data as defined in the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974, as amended.
(Ord. 129-79. Passed 7-16-79.)
(a) The Director of Public Service and Safety, 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 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 City. For the purpose of this section:
A. An “urgent public policy” includes 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 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 or his designated representative may direct. (Ord. 129-79. Passed 7-16-79.)