(B) "By-product material" means any radioactive material | 15 |
(except special nuclear material) yielded in, or made radioactive | 16 |
by exposure to the radiation incident to, the process of
producing | 17 |
or utilizing special nuclear materialshas the same meaning as in | 18 |
Section 11(e)(2) of the "Atomic Energy Act of 1954," 68 Stat. 922, | 19 |
42 U.S.C.A. 2014, as amended. | 20 |
(E) "Utilization facility" means any equipment or device, | 31 |
except an atomic weapon, capable of making use of special nuclear | 32 |
materials in such quantity as to be of significance to the common | 33 |
defense and security, or in such manner as to affect the health | 34 |
and safety of the public, or peculiarly adapted for making use of | 35 |
atomic energy in such quantity as to be of significance to the | 36 |
common defense and security, or in such manner as to affect the | 37 |
health and safety of the public; or any important component part | 38 |
especially designed for such equipment or device. | 39 |
Sec. 4163.07. (A)(1) Prior to transporting any large | 71 |
high-level radioactive waste, spent nuclear fuel, transuranic | 72 |
waste, or any
quantity of special nuclear material or by-product | 73 |
materialthat meets or exceeds the highway route controlled | 74 |
quantity, within, into,
or through the state, the carrier or | 75 |
shipper of the material
shall notify the executive director of the | 76 |
emergency
management agency established under section 5502.22 of | 77 |
the
Revised Code of the shipment. The notice shall be in writing | 78 |
and be sent by
certified mail and shall include the name of the | 79 |
shipper; the
name of the carrier; the type and quantity of the | 80 |
special nuclear
material or by-product material; the | 81 |
transportation mode of the
shipment; the proposed date and time of | 82 |
shipment of the material within,
into, or through the state; and | 83 |
the starting point, termination or
exit point, scheduled route, | 84 |
and each alternate route, if any, of
the shipment. In order to | 85 |
constitute effective notification
under division (A)(1) of this | 86 |
section, notification shall be
received by the executive director | 87 |
at least forty-eight
hoursfour days
prior to
entry of the | 88 |
shipment within, into, or through the state. | 89 |
(B) Upon receipt of a notice of any shipment of a large | 95 |
quantity of special nuclear material or by-product material that | 96 |
is subject to division (A)(1) of this section within, into,
or | 97 |
through the state, the executive director of the
emergency | 98 |
management
agency shall immediately notify the director of public | 99 |
safety,
the director of environmental protection, the
chairperson | 100 |
of the public utilities commission, and the sheriff of each
county | 101 |
along
the proposed route, or any alternate route, of the shipment. | 102 |
(D) This section does not apply to radioactive materials, | 109 |
other than by-products, shipped by or for the United States | 110 |
department of defense and United States department of energy for | 111 |
military or national defense purposes.
Nothing in this section | 112 |
requires
the disclosure of any
defense information or restricted | 113 |
data as defined in the "Atomic
Energy Act of 1954," 68 Stat. 919, | 114 |
42 U.S.C.A. 2011, as amended. | 115 |
(F) Whoever violates division (E) of this section, in | 121 |
addition to any penalty imposed under section 4163.99 of the | 122 |
Revised Code, is liable for a civil penalty in an amount not to | 123 |
exceed ten times the amount of the fee due under section 4163.08 | 124 |
of the Revised Code. The attorney general, upon the request of the | 125 |
executive director of the emergency management agency, shall bring | 126 |
a civil action to collect the penalty. Fines collected pursuant to | 127 |
this section shall be deposited into the state treasury to the | 128 |
credit of the radiation response fund. | 129 |
Sec. 4163.08. (A) No person shall transport high-level | 130 |
radioactive waste, spent nuclear fuel, transuranic waste, or any | 131 |
quantity of special nuclear material that meets or exceeds the | 132 |
highway route controlled quantity, within, into, or through this | 133 |
state by rail or motor carrier unless the person, at least four | 134 |
days prior to the date of the shipment, pays the department of | 135 |
public safety the following fees for each shipment of high-level | 136 |
radioactive waste, spent nuclear fuel, transuranic waste, or any | 137 |
quantity of special nuclear material that meets or exceeds the | 138 |
highway route controlled quantity, as applicable: | 139 |
(B) This section does not apply to any shipment of high-level | 154 |
radioactive waste, spent nuclear fuel, transuranic waste, or any | 155 |
quantity of special nuclear material that meets or exceeds the | 156 |
highway route controlled quantity by or for the United States | 157 |
government for military or national defense purposes. This section | 158 |
applies to all other shipments of high-level radioactive waste, | 159 |
spent nuclear fuel, transuranic waste, or any quantity of special | 160 |
nuclear material that meets or exceeds the highway route | 161 |
controlled quantity by or for the United States government, to the | 162 |
extent permitted by federal law. | 163 |
(C) Whoever violates division (A) of this section is liable | 164 |
for a civil penalty in an amount not to exceed ten times the | 165 |
amount of the fee due under this section. The attorney general, | 166 |
upon the request of the director of public safety, shall bring a | 167 |
civil action to collect the penalty. Fines collected pursuant to | 168 |
this section shall be deposited into the state treasury to the | 169 |
credit of the radiation response fund. | 170 |
(a) State and local expenses related to the shipment of | 179 |
high-level radioactive waste, spent nuclear fuel, transuranic | 180 |
waste, or any quantity of special nuclear material that meets or | 181 |
exceeds the highway route controlled quantity in this state, | 182 |
including inspections, escorts, security, emergency management | 183 |
services, and accident response; | 184 |
(2) In administering section 4163.08 of the Revised Code, the | 199 |
director shall work with any department or agency of federal, | 200 |
state, or local government that also regulates the shipment of | 201 |
high-level radioactive waste, spent nuclear fuel, transuranic | 202 |
waste, or any quantity of special nuclear material that meets or | 203 |
exceeds the highway route controlled quantity. | 204 |