Morro Bay Municipal Code Ch. 8.28 Transportation of Radioactive Materials

No person shall transport into or through the city, unless a permit is obtained as provided in this chapter, any quantity of radioactive material specified as follows:

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

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

C. Any of the actinides (i.e., elements W/89 or greater) the activity of which exceeds twenty curies;

D. Spent reactor fuel elements or mixed fission products associated with such spent fuel elements the activity of which exceeds twenty curies; or

E. Any quantity of radioactive material specified as "a large quantity" by the Nuclear Regulatory Commission in 10 CFR Part 71, entitled: "Packaging of Radioactive Material for Transport," unless such person has been granted a permit to transport such materials from the director of health of the city, which permit shall be subject to the approval of the council of the city. This is not intended to apply to small quantities of specified radioactive materials intended for therapeutic radiology and biomedical research or educational purposes.

(Ord. 167 § 1, 1979)

At least two weeks prior to the transportation of such materials, such person shall apply to the director of health for a permit. See permit fee on Master Fee Schedule. The application shall provide the director of health with the following information:

A. Name of shipper;

B. Name of carrier;

C. Type and quantity of radioactive material or waste;

D. Proposed date and time of shipment.

(Ord. 225 § 39, 1982; Ord. 167 § 2, 1979)

The director of health shall determine appropriate protectors and safeguards with respect to such shipments consistent with Sections 8.28.020, 8.28.040, and 8.28.050, which protectors and safeguards must be adhered to by the party to whom such permit has been granted.

(Ord. 167 § 3, 1979)

The director of health shall not issue a permit to any person for the shipment or transportation of the radioactive materials specified in this chapter, unless: there is a showing that the radioactive material 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.

(Ord. 167 § 4, 1979)

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, and at such time or times of the day, consistent with the public health, safety, and welfare of the city as the director of health may direct.

(Ord. 167 § 5, 1979)

This chapter shall not apply to radioactive material shipped by or for the United States government for military or national security purposes or which are related to national defense. Nothing in this chapter shall be construed as to require 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.

(Ord. 167 § 6, 1979)

Any person who is convicted of a violation of any provision of this chapter is deemed guilty of a misdemeanor punishable as provided in Chapter 1.16 of this code.

(Ord. 311 Exh. A (part), 1987: Ord. 167 § 7, 1979)