CHAPTER 107-D TRANSPORTATION OF HIGH-LEVEL RADIOACTIVE WASTE
Section 107-D:3
107-D:3 Permit Required. –
I. No transportation of high-level radioactive waste shall take place in or through this state until the commissioner or designee issues a permit authorizing the applicant to operate or move upon the state's public roads, waters, or railways a motor vehicle, combination of vehicles, vessels, or rail carrier which carry high-level radioactive wastes. The commissioner or designee may recommend changes to the United States Department of Energy in the proposed dates, times, routes, detention, holding, or storage of such materials during transport as necessary to maximize protection of the public health, safety, or welfare, or of the environment. The commissioner is authorized to adopt reasonable rules which are necessary or desirable in governing the issuance of permits.
II. The department shall require as a condition of any permit, to the extent not inconsistent with federal law, the following:
(a) Each permit application and permit shall contain documentation of the carrier's federal safety rating, proof of federally required liability insurance, and a nuclear incident prevention plan and a cleanup plan acceptable to the commissioner and containing at least the following:
(1) Identification of each route and shipment to which such permit is applicable;
(2) Identification of emergency response personnel accompanying each shipment, and emergency response personnel and resources available along each route;
(3) The name, address, and emergency response training record of emergency response personnel to accompany each shipment; and
(4) Identification of foreseeable accident and shipment disruption scenarios, including worst-case scenarios, with consideration of existing studies conducted by the Nuclear Regulatory Commission, the United States Department of Energy, or other federal agencies, and written response scenarios applicable to each such accident or disruption scenario.
(b) Each permit application and permit shall specify the route to be followed for each shipment covered by such permit. Any deviation from the designated permit route shall be reported at the earliest practicable time to the department.
(c) Routes identified on such applications and permits shall be consistent with all applicable state and federal laws, rules, and regulations, and each route shall be the safest practicable route calculated to minimize the potential exposure of members of the public to the shipment while maximizing availability of emergency response personnel and resources along the route. The department shall conduct at least one public hearing to the extent not inconsistent with federal law on each proposed shipment route before issuing a permit.
(d) Each permit application and permit shall list the number of casks of high-level radioactive waste to be shipped under said permit and shall identify the type and quantity of material contained in each cask, the origin and destination of each cask, and the identifying serial number of each cask.
III. All carriers of high-level radioactive waste are required to notify the department at least 7 days prior to the transportation within this state, identifying the permit under which such waste shall be shipped and the origin, destination, and place and approximate time of entry into and exit from the state, as appropriate.
IV. The commissioner or designee may issue:
(a) An annual permit which shall allow vehicles, vessels, or rail carriers transporting high-level radioactive waste to be operated on the public roads, waters, or railroads in this state for 12 months from the date the permit is issued.
(b) A single-trip permit to any vehicle, vessel, or rail carrier.