Pismo Beach Municipal Code Art. II Storage of Radioactive Waste

The city council finds that it is necessary for the protection of the public health, safety, and welfare of the residents of the city and of visitors to the city to adopt the regulations in this article. Such regulations are in addition to, and not in conflict with, state and federal laws and regulations which this council finds to be insufficient and inadequate to provide protection from the hazards of stored radioactive material. (Prior code § 8.33.010)

For the purposes of this article, the words below shall have the following meanings:

"Store," "stored" or "storage" mean any cumulative period of time in excess of one hour that any one lot, package or shipment of prohibited radioactive material shall be or remain within the city limits, including, without limitation, all time in transit on vehicles, railroad cars or other mechanical equipment, public or private, all loading and unloading time, and all time off-loaded, whether attended or unattended.

In addition to all other definitions of "person" set forth elsewhere in this code or state law, "person" includes, without limitation, the business organization owning the radioactive materials. (Prior code § 8.33.020)

It is unlawful for any person to store, or to cause, permit, authorize or otherwise allow the storage within the city at any time of any quantity of any of the following radioactive materials:

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

B. Uranium enriched in the isotope U235 exceeding 25 atomic percent of the total uranium content in quantities where U235 content exceed one kilogram;

C. Any of the actinides (i.e., elements with atomic number 89 or greater) the activity of which exceeds 20 curies;

D. Spent reactor fuel elements or mixed fission products associated with such spent fuel elements the activity of which exceeds 20 curies;

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" or

F. Any radioactive material or substance which spontaneously emits ionizing radiation but not to include unconcentrated or unprocessed materials as they occur in nature which emit radiation. This is not intended to apply to small quantities of specified radioactive materials intended for therapeutic radiology and biomedical research or educational purposes. (Prior code § 8.33.030)

This article shall not apply to radioactive materials shipped by or for the United States Government for military or national security purposes or which are related to national defense. Nothing in this article 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. (Prior code § 8.33.040)

Violation of this article shall be a misdemeanor punishable as provided elsewhere in this code and by state law. (Prior code § 8.33.050)

Notwithstanding the provisions of Section 1.20.010, the continued storage of prohibited radioactive material shall constitute a separate violation of this chapter for each hour that said material is stored in violation hereof. Upon the occurrence of the first such violation for any such radioactive material, the chief of police shall concentrate all officers reasonably available to gather information as to a possible conspiracy or any other deliberate attempt to violate the provisions hereof. (Prior code § 8.33.060)