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.
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:
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.
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.
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.
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.
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.
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.