Berkeley Municipal Code Ch. 12.84 Transportation of Radioactive Materials

The number of accidents involving the shipment and transportation of radioactive materials has increased significantly in the last ten years.

The number of radioactive material shipments is increasing and will continue to do so in the foreseeable future.

The shipment and transportation of radioactive materials is inherently dangerous.

Any accident involving radioactive materials constitutes a health and safety hazard to the immediate community where the accident occurs.

There are a number of federal and state regulatory agencies which govern various aspects of the shipment and transportation of radioactive materials. None of these agencies has adequately provided for the immediate prevention of, or amelioration of, accidents which may have an adverse effect on local communities.

The confusion and omissions in federal and state regulations have rendered it necessary for the City of Berkeley to supplement present regulations with its own procedures to protect against, and deal with, potential accidents within the City of Berkeley.

This ordinance is necessary to preserve the health, safety and welfare of the residents of the City. (Ord. 5320-NS § 1, 1981)

For purposes of this chapter, the following definitions shall apply:

A. "Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation.

B. "Actinide" means any element with atomic number 89 or greater.

C. "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.

D. "Large quantity radioactive materials" means a quantity, the aggregate radioactivity of which exceeds those amounts specified in 10 Code of Federal Regulations (C.F.R.) Part 71, entitled "Packaging of Radioactive Material for Transport," Section 71.4(f).

E. "Nuclear weapon" means any device utilizing atomic energy, the principal purpose of which is for use as, or development of, a weapon, a weapon prototype or a weapon test device.

F. "Person" means any person, firm, association, organization, partnership, joint venture, corporation or company, and including the United States, the state of California, and any officer, agency or political subdivision thereof.

G. "Radioactive materials" means any material or combination of materials that spontaneously emit ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material and the radioactivity is essentially uniformly distributed shall not be deemed to be radioactive materials for the purposes of this chapter. (Ord. 5320-NS § 2, 1981)

A. A certificate of emergency transport, issued by the Fire Chief, or their designated representative, shall be required and made available for inspection by law enforcement officers, for the shipping or transportation of the following radioactive materials into, through or over the City of Berkeley by any mode of transportation whatsoever:

1. Any actinides, in any quantity and form, except for: sealed sources in measurement devices approved smoke alarms, and medical devices designed for individual human application (e.g. cardiac pace-makers), where in each case the aggregate amount of each transportation shipment does not exceed one curie.

2. Large quantity radioactive materials as defined in subsection 12.84.020D.

3. Nuclear weapons.

4. Hectocurie and kilocurie cobalt-60 and cesium-137 teletherapy sources employed in diagnostic radiology, therapeutic radiology, biomedical research or education purposes. (Ord. 5335-NS § 1, 1981; Ord. 5320-NS § 3, 1981)

The regulations of this chapter apply to:

A. Each person who receives, possesses, uses or transfers those radioactive materials specified in this chapter, if they delivers such materials to a carrier for transport or transports such materials outside the confines of their plant or other place; and

B. Any person who operates a transportation vehicle carrying a package which contains those radioactive materials requiring a certificate of emergency transport. (Ord. 5320-NS § 4, 1981)

A. Application for a certificate of emergency transport shall be made to the Fire Chief or their designated representative at least three work days prior to the date of shipment. The application shall be made in writing on a form approved by the City Manager.

B. The Fire Chief, with the concurrence of the Director of Public Health, or their designees, may, in dire emergency situations affecting the public health, welfare or safety, waive the time requirement specified under subsection A.

C. The application must set forth the following information:

1. The name, address and telephone number of the shipper.

2. The name, address and telephone number of the consignee.

3. The proposed mode of transportation.

4. The name of the carrier.

5. The type and quantity of radioactive materials or waste.

6. The proposed date and time shipment will be transported through, into or over the City.

7. The proposed route to be taken, including point of origin and place of final destination. (Ord. 5320-NS § 5, 1981)

Upon receipt of an application for a certificate of emergency transport, the Fire Chief or their designee shall notify and meet with the Director of Public Health or their designee to evaluate said application. A certificate shall not issue without the full concurrence of the Fire Chief and the Director of Public Health, or the respective designees acting in their stead. No certificate of emergency transport shall be issued to any person making application for the shipment or transportation of those radioactive materials specified in this chapter unless the applicant makes the following showings:

A. The radioactive material has been or will be containerized and packaged, and all warning labels affixed to the outer container holding the radioactive materials, in conformity with the regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, or other related federal or state agencies; and

B. The shipment or transportation of radioactive materials is necessitated by public policy or national security interests. Economic consideration alone will not constitute a sufficient showing to warrant issuance of a certificate.

C. For the purposes of this section, a "public policy" shall include medical and educational interests relating to the public health, welfare and safety. (Ord. 5320-NS § 6, 1981)

If a certificate is issued, the Fire Chief and the Director of Public Health, or their designated representatives, may specify such conditions which they deem reasonably necessary for the public health, safety and welfare of the community, including the following:

A. Designation of the route or routes over which the materials may be transported.

B. The time or times of the day radioactive materials may be transported into, over or through the City.

C. The method of transportation.

D. Use of fire and/or police escorts. If the conditions include precautionary measures required to be provided by the City fire or police services, the applicant for this certificate shall be required to pay the reasonable cost thereof. (Ord. 5320-NS § 7, 1981)

All applications for certificate of emergency transport made to the Fire Chief or their designated representative shall be accompanied by a nonrefundable application fee to cover administrative costs. Payment of said fee shall be made pursuant to the fee schedule set forth by resolution of the City Council. (Ord. 5320-NS § 8, 1981)

In the event the application is denied, the Fire Chief or their designated representative shall provide written notice of such denial and shall set forth the reasons for the denial. (Ord. 5320-NS § 9, 1981)

Any applicant denied a certificate pursuant to this chapter may appeal the denial to the City Manager or their designee within three days from the date of receipt of the denial.

A. The applicant may request a hearing before the City Manager or their designee. If no hearing is requested, the appeal to the City Manager or their designee shall consist solely of a review by the City Manager or their designee of the written application for certificate and any papers submitted therewith.

B. The City Manager or their designee may reverse, affirm or modify in any regard the joint determination made by the Fire Chief and the Director of Public Health, or their designated representatives. Applicant shall be notified in writing of the decision of the City Manager or their designee.

C. The decision of the City Manager or their designee shall be final. (Ord. 5320-NS § 10, 1981)

The City Manager shall appoint an advisory review committee. (Ord. 5320-NS § 11, 1981)

For purposes of this chapter, the advisory review committee shall:

A. Review, evaluate and report to the City Manager any new developments and findings relating to the transportation of radioactive materials which would adversely affect the health, safety and welfare of the community.

B. Based upon said findings and developments, recommend to the City Manager the inclusion of other types of radioactive materials for regulation pursuant to this chapter, or the prohibition of those radioactive materials judged too dangerous by the committee for transportation. (Ord. 5320-NS § 12, 1981)

A. Except when a state of war has been declared, radioactive materials shipped or transported by or for the United States government through the City of Berkeley shall be subject to the provisions of this chapter and shall be regulated as to time, place and manner of transportation.

B. Nothing contained herein, however, shall be construed to permit prohibition of the shipment or transportation of radioactive materials shipped by or for the United States government through the City of Berkeley. (Ord. 5320-NS § 13, 1981)

A. Every person specified in Section 12.84.040 of this chapter shall be jointly and severally liable for every violation of the provisions of this chapter.

B. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment. (Ord. 5320-NS § 14, 1981)