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78-129 Ordinance
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78-129 Ordinance
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2/7/2014 10:09:23 AM
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North Olmsted Legislation
Legislation Number
78-129
Legislation Date
12/5/1978
Year
1978
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r . <br />r ? <br />CITY OF NORTH OLMSTED <br />ORDINANCE N0. 78-/al- <br />PAGE 3. <br />C. NOTICE <br /> <br />When those radioactive materials requiring a permit as <br />specified in this Chapter are to be shipped or transported <br />into, within, through or out of the City of North Olmsted, <br />the shipper or carrier, or person otherwise responsible, <br />shall first notify the Director of Health or his designated <br />representative, in a form provided, two (2) weeks prior to <br />the date of shipment. The form shall include the date of <br />shipment, type and quantity of radioactive materials involved, <br />method of transportation, route, starting point, destination <br />and such other information as the Director of Safety or his <br />designated representative may reasonably reauire. Any informa- <br />tion which cannot be supplied two weeks prior to shipment or <br />transportation, shall be supplied promptly by the person respon- <br />sible for such shipment or transportation when such information <br />becomes available to him. Nothing herein shall be construed <br />as rec{uiring the disclosure of any defense information or <br />restricted data as defined in the Atomic Energy Act of 1954 <br />and the Energy Reorganization Act of 1974, as amended. <br />D. ISSUANCE OF PEWIT. <br />1. The Director of Safety, or his designated representative, <br />shall not issue a permit to any person for the shipment or <br />transportation of those radioactive materials specified in <br />this Chapter, unless: <br />a. There is a showing that the radioactive material has <br />been or will be containerized and packaged, and all <br />warning labels affixed to the outer container holding <br />the radioactive material and the motor vehicle trans- <br />porting such material, in conformity with the regula- <br />tions of the United States Department of Transportation, <br />United States Nuclear Regulatory Commission or other <br />related federal or state agencies regardless of whether <br />the shipment is being made intracity, intrastate or <br />interstate; and <br />b. There is a showing that the shipment of transportation of <br />radioactive materials is necessitated by urgent public <br />policy or national security interests transcending public <br />safety and health concerns of the City of North Olmsted. <br />For the purposes of this section: <br />l. An "urgent public policy" shall include medical and <br />educational interest. <br />2. An "urgent public policy" shall not include interests <br />other than medical and educational interests, unless <br />expressly authorized in writing by the United States <br />Department of Transportation, or by any other appropriate <br />federal or state agency which may be required by the <br />Director of Health or his designated representative. <br />Such authorization shall state that the particular <br />interest involved is, in the opinion of the agency, <br />permitted by federal or state regulations pertaining <br />to the shipment or transportation of radioactive <br />materials, and that the interest involved justifies <br />the apparent risks resulting from such shipment or <br />transportation. <br />2, hadioactive ma.terials which are permitted to be shipped or <br />transferred through the City of North Olmsted pursuant to this <br />Ordinance shall be shipped or transported through the City over <br />such route or routes, or at such time or times of the day, con- <br />sistent with the public health, safety, and welfare and the <br />convenience of the shipper or carrier, as the Director of Safety <br />or his designated representative may direct. <br />
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