Borough of Middlesex, NJ Chapter 442 Radioactive Materials

[HISTORY: Adopted by the Board of Health of the Borough of Middlesex 8-6-1979 by Ord. No. 116 BH. Amendments noted where applicable.]

§ 442-1 Permit required for transport.

No person shall transport into or through the Borough of Middlesex 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 any spent nuclear fuel, unless such person has been granted a permit to transport such materials from the Board of Health of the Borough of Middlesex or its designated representative.

§ 442-2 Application for permit; fee.

Prior to the transporting of such materials, such person shall apply to the Board of Health or its designated representative for a permit, the fee for which shall be $500, and provide said 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.

E. Starting point, scheduled route and destination.

F. Any other information required by the Board of Health or its designated representative.

§ 442-3 Adherence to protections and safeguards.

The Board of Health or its designated representative shall determine appropriate protections and safeguards with respect to such shipments, which protections and safeguards must be adhered to by the party to whom such permit has been granted.

§ 442-4 Conditions for issuance of permit.

The Board of Health or its designated representative shall not issue a permit to any person for the shipment or transportation of the radioactive materials specified in this chapter, unless:

A. There is a showing that the radioactive material has been or shall be containerized and packaged and that all warning labels have been affixed to the outer container holding the radioactive material and the carrier or 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.

B. There is a showing that the shipment or transportation of radioactive material is necessitated by the most compelling reasons involving urgent public policy or national security interests transcending public safety and health concerns of the Borough of Middlesex. Economic consideration alone will not be acceptable as justification for the issuance of such permit.

§ 442-5 Limitation on routes and times for transport.

Radioactive materials which are permitted to be shipped or transferred through the Borough of Middlesex pursuant to this chapter shall be shipped or transported through the Borough of Middlesex over such route or routes, whether land, water or aerial, 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 Board of Health or its designated representative may direct.

§ 442-6 Exceptions.

This chapter 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 herein 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. Any other shipments by the United States Government or its contractors shall be subject to the public health considerations of this chapter. The fee for such federal programs may be altered, amended, reduced or eliminated at the discretion of the Board of Health.

§ 442-7 Violations and penalties.

Any person who violates any provision of this chapter shall be fined not more than $1,000 for each violation. Each and every day a violation continues shall be considered a separate offense.