§ 54-149. Radioactive material transportation.

(a)

Purpose. The purpose of this section is to provide minimum standards and regulations ensuring the safe shipment and transportation of radioactive materials through the town.

(b)

Definitions. The following words, terms and phrases, when used in this section and in section 54-150, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Curie is 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 37 billion atoms disintegrate per second.

Large quantity radioactive materials means a quantity, the aggregate radioactivity of which exceeds that specified in 10 CFR 71.4(f) entitled "Packaging of radioactive material for transport."

Millicurie means 0.001 of a curie.

Motor vehicle means any vehicle defined as a "motor vehicle" in the state traffic laws adopted by the town.

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.

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.

(c)

Permit required. A permit issued by the chief of police shall be required for the shipping or transportation of the following radioactive materials by motor vehicle into, around the perimeter of, within, through or out of the town:

(1)

Plutonium isotopes in any quantity and form exceeding two grams or 20 curies, whichever is less.

(2)

Uranium enriched in the isotope U-235 exceeding 25 atomic percent of the total uranium content in quantities where the U-235 content exceeds one kilogram.

(3)

Any element with atomic number 89 or greater, the activity of which exceeds 20 curies.

(4)

Spent reactor fuel elements or mixed fission products associated with such fuel elements, the activity of which exceeds 20 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 71.4(d)(3) entitled "Packaging of radioactive materials for transport."

(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.

(d)

Exemption. 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.

(e)

Notice. When those radioactive materials requiring a permit, as specified in this section, are to be shipped or transported into, within, through or out of the town, the shipper or carrier or person otherwise responsible shall first notify the chief of police, 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 chief of police 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 in this section 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.

(f)

Issuance of permit. The chief of police shall not issue a permit to any person for the shipment or transportation of those radioactive materials specified in this section, unless there is a showing that:

(1)

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)

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 town. For the purposes of this subsection the term "urgent public policy" shall include medical and educational interests. 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 chief of police. 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.

(g)

Permitted routes. Radioactive materials which are permitted to be shipped or transferred through the town pursuant to this division shall be shipped or transported over such routes or at such times of the day, consistent with the public health, safety, and welfare and the convenience of the shipper or carrier, as the chief of police may direct.

(Code 1992, § 18-115)

(Code 1992, § 18-115)