justicedao/ipfs_state_laws huggingface dataset:
345-060-0005 Notification for Inspection (1) For shipments of irradiated reactor fuel, the shipper shall submit notification pursuant to Nuclear Regulatory Commission rules found in 10 CFR 71.97 and 10 CFR 73.37(f) in effect as of the date of this rule to: Secretary, Energy Facility Siting Council, 550 Capitol St., NE, Salem, Oregon 97301, Telephone: (503) 378-8328. (2) The carrier shall submit notice to the Oregon Department of Transportation and make arrangements for inspection for all spent nuclear reactor fuel shipments, Highway Route Controlled Quantity Shipments and shipments that require notice and inspection under a conditional Oregon Radioactive Material Transport Permit. The carrier shall submit notice for inspection as follows: (a) As soon as practicable but no later than 48 hours before time of shipment in Oregon; (b) When, as a result of conditions beyond the control of the carrier, the carrier cannot comply with the 48-hour minimum notification, then the carrier shall give notice immediately by telephone or in any event not later than on the next working day and shall explain why the carrier could not comply with the 48-hour requirement; (c) When an inspection has been scheduled, the carrier shall give additional notice if the shipper or carrier cancels the shipment or if the carrier will arrive at the inspection location early or late by two or more hours; (d) The carrier shall make all notice for inspection and schedule changes in writing or by telephone between 8 a.m. and 5 p.m. (Pacific time) to ODOT MCTD, 3930 Fairview Industrial Drive SE; Salem, Oregon 97302, Fax: (503) 378-7481; (e) In a notice for inspection, the carrier shall include the following information: (A) The carrier's name, address, telephone number and ODOT MCTC Field Number; (B) The shipper's and receiver's names, addresses and telephone numbers; (C) A description of the material that shall include proper shipping name, hazard class, hazardous material identification number and total quantity by weight or volume and number of curies; (D) A description of the route and approximate schedule; and (E) A description of the transport vehicle(s) and name(s) of driver(s). Statutory/Other Authority: ORS 469.470 & 469.607 Statutes/Other Implemented: ORS 469.603, 469.605 & 469.607 History: EFSC 6-2019, minor correction filed 05/28/2019, effective 05/28/2019 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 1-1991, f. & cert. ef. 3-12-91 EFSC 5-1986, f. & ef. 9-5-86 Reverted to EFSC 3-1982, f. & ef. 3-8-82 EFSC 2-1983(Temp), f. 6-22-83, ef. 7-1-83 EFSC 3-1982, f. & ef. 3-8-82 NTEC 7, f. 2-20-74, ef. 3-11-74
345-060-0006 Fees (1) Except as provided in section (2) through (5) of this rule, the carrier shall submit a $70 fee to the Oregon Department of Energy, 550 Capitol St. NE, Salem, Oregon 97301 for each placarded shipment. The Department invoices motor carriers each three months for shipments recorded at Oregon Ports of Entry in the previous quarter. The Department may establish with carriers special invoice procedures for shipments that do not regularly pass through an Oregon Port of Entry. (2) For placarded shipments of well-logging material, radiographic material and radiopharmaceuticals, the carrier shall submit an annual fee of $500 or $70 per shipment, whichever is less. (3) No additional fee will be charged for shipments for which: (a) The cargo is transferred from a previous vehicle for which a fee has been assessed, or (b) The vehicle has a number of stops before unloading the radioactive cargo for which a fee has been assessed. (4) Radioactive material carriers may petition for an alternative fee schedule. The secretary of the Council may grant such a request based on evaluation of whether: (a) The carrier demonstrates that the applicable fee schedule severely impacts the cost of the product; (b) Other payments or services to the Department support applicable safety programs of the State of Oregon; (c) The shipment of the material involves a single radioactive source and frequent movement between sites where the source is used; or (d) The carrier is a public university or research organization using the material for public benefit. (5) The carrier shall pay a $100 fee for each shipment traveling under a temporary permit, unless the carrier applies for a permit from the Oregon Department of Transportation within two weeks after the carrier first gives notice of the need for a permit. Statutory/Other Authority: ORS 469.470 & 469.607 Statutes/Other Implemented: ORS 469.603, 469.605, 469.607 & 469.611 History: EFSC 8-2020, minor correction filed 11/05/2020, effective 11/05/2020 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 1-1991, f. & cert. ef. 3-12-91, Renumbered from 345-060-0004(5)-(10) EFSC 5-1986, f. & cert. ef. 9-5-86 EFSC 3-1983, f. & cert. ef. 11-4-83 EFSC 2-1983(Temp), f. 6-22-83, cert. ef. 7-1-83 EFSC 3-1982, f. & cert. ef. 3-8-82
345-060-0007 Inspections The State of Oregon or its agents may inspect shipments under these rules for compliance with applicable rules and regulations. The State shall inspect all irradiated reactor fuel (defined in 10 CFR 73.37 in effect as of the date of this rule) and Highway Route Controlled Quantity shipments (defined in 49 CFR 173.403 in effect as of the date of this rule). The state may choose to waive inspection if the shipment is carrying a current Commercial Vehicle Safety Alliance inspection sticker. The state may inspect samplings of other shipments. The State may inspect highway shipments made under conditional permits described in OAR 345-060-0004(6). The State shall make arrangements for inspection when the carrier gives notice for inspection, as described in 345-060-0005. Statutory/Other Authority: ORS 469.470, 469.605 & 469.607 Statutes/Other Implemented: ORS 469.603 - 469.615 History: EFSC 1-2013, f. & cert. ef. 1-28-13 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1991, f. & cert. ef. 3-12-91 EFSC 5-1986, f. & ef. 9-5-86 Reverted to EFSC 3-1982, f. & ef. 3-8-82 EFSC 2-1983(Temp), f. 6-22-83, ef. 7-1-83 EFSC 3-1982, f. & ef. 3-8-82 NTEC 7, f. 2-20-74, ef. 3-11-74
345-060-0015 Vehicles, Operator, Equipment The carrier shall maintain all aspects of vehicles, operators and equipment in accordance with OAR 740, division 100. These Oregon Department of Transportation rules reference the requirements of 49 CFR 390 through 397 in effect as of the date of this rule. Statutory/Other Authority: ORS 469.470 & 469.607 Statutes/Other Implemented: ORS 469.603, 469.605 & 469.607 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 1-1991, f. & cert. ef. 3-12-91 Reverted to EFSC 3-1982, f. & ef. 3-8-82 EFSC 2-1983(Temp), f. 6-22-83, ef. 7-1-83 EFSC 3-1982, f. & ef. 3-8-82
345-060-0025 Packaging, Placarding, Labeling and Documentation The shipper shall maintain all packaging, placarding, labeling, shipment documentation and all other aspects of transporting any radioactive material in accordance with 10 CFR 71 and 73, and 49 CFR 171 through 179 in effect as of the date of this rule. Statutory/Other Authority: ORS 469.470 & 469.607 Statutes/Other Implemented: ORS 469.607 History: EFSC 1-2013, f. & cert. ef. 1-28-13 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1991, f. & cert. ef. 3-12-91 EFSC 5-1986, f. & ef. 9-5-86 Reverted to EFSC 3-1982, f. & ef. 3-8-82 EFSC 2-1983(Temp), f. 6-22-83, ef. 7-1-83 EFSC 3-1982, f. & ef. 3-8-82
345-060-0030 Reporting and Emergency Response The carrier of any radioactive material shall immediately notify local emergency response authorities and the Oregon Emergency Response System (within Oregon call 1-800-452-0311, outside Oregon call 1-503-378-6377) of any of the following: (1) Vehicle accidents regardless of whether radioactive material has been damaged or dispersed; (2) Loss of any radioactive material; (3) Tampering with or obstruction of any shipments. Statutory/Other Authority: ORS 469.470 & 469.607 Statutes/Other Implemented: ORS 469.603 - 469.615 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 1-1991, f. & cert. ef. 3-12-91 EFSC 5-1986, f. & ef. 9-5-86 Reverted to EFSC 3-1982, f. & ef. 3-8-82 EFSC 2-1983(Temp), f. 6-22-83, ef. 7-1-83 EFSC 3-1982, f. & ef. 3-8-82
345-060-0040 Highway Routes In Oregon, the carrier shall route all shipments of spent nuclear reactor fuel in accordance with 10 CFR 73.37 in effect as of the date of this rule and all placarded highway shipments of radioactive materials in accordance with 49 CFR 397.101 and 49 CFR 397.103 in effect as of the date of this rule. Statutory/Other Authority: ORS 469.470 & 469.607 Statutes/Other Implemented: ORS 469.603 - 469.615 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1991, f. & cert. ef. 3-12-91 EFSC 5-1986, f. & ef. 9-5-86 Reverted to EFSC 3-1982, f. & ef. 3-8-82 EFSC 2-1983(Temp), f. 6-22-83, ef. 7-1-83 EFSC 3-1982, f. & ef. 3-8-82
345-060-0045 Financial Assurances (1) If required by the Price-Anderson Act (42 USC Section 2210, in effect as of the date of this rule), the carrier or shipper shall maintain insurance on shipments of spent nuclear reactor fuel. (2) Carriers of radioactive materials shall comply with applicable federal and Oregon insurance requirements (see Oregon Administrative Rules, chapter 740, division 40, Oregon Department of Transportation rules and Title 49 CFR, Part 387, in effect as of the date of this rule). (3) Carriers of radioactive material shall indemnify the State of Oregon and its political subdivisions and agents for any claims arising from the release of radioactive material during transportation and pay for the cost of response to an accident. Statutory/Other Authority: ORS 469.470 & 469.607 Statutes/Other Implemented: ORS 469.603, 469.605, 469.607 & 469.615 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 1-1991, f. & cert. ef. 3-12-91 EFSC 5-1986, f. & ef. 9-5-86 Reverted to EFSC 3-1982, f. & ef. 3-8-82 EFSC 2-1983(Temp), f. 6-22-83, ef. 7-1-83 EFSC 3-1982, f. & ef. 3-8-82
345-060-0050 Weather and Road Conditions The carrier shall avoid movement of motor vehicles during a road condition advisory of the Oregon State Highway Division unless vehicles have the required chains or traction tires specified in OAR 734, division 17. Statutory/Other Authority: ORS 469.470 & 469.607 Statutes/Other Implemented: ORS 469.603 - 469.615 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1991, f. & cert. ef. 3-12-91 EFSC 5-1986, f. & ef. 9-5-86
345-060-0055 Enforcement (1) The Director of the Oregon Department of Energy may issue an order to halt the transport of radioactive material if he or she believes there is a clear and immediate danger to public health or safety. The Director may serve the order without prior hearing or notice. (2) In accordance with Division 29 of this chapter, the Department of Energy may issue a notice of violation and may assess a civil penalty for violations of the rules of this division or applicable provisions of ORS Chapter 469. Statutory/Other Authority: ORS 469.470 & 469.607 Statutes/Other Implemented: ORS 469.603 - 469.615 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 1-1991, f. & cert. ef. 3-12-91
345-070-0005 Purpose The purpose of these rules is to protect the confidentiality of information submitted to the Council and the Director regarding security programs for nuclear-fueled thermal power plants, nuclear installations, and the transportation of radioactive materials to and from such facilities. Statutory/Other Authority: ORS 469.530 Statutes/Other Implemented: ORS 469.530 History: EFSC 3-2021, amend filed 12/17/2021, effective 12/17/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 10, f. & ef. 12-23-75
345-070-0010 Legislative Authority These rules are promulgated concurrently by the Council and the Director pursuant to their respective rulemaking authorities contained in ORS Chapter 183, ORS 469.470, 469.501 to, 469.507, 469.530, 469.560 and 192.500, in order to implement their joint responsibility under 469.530. Statutory/Other Authority: ORS 469.530 Statutes/Other Implemented: ORS 469.530 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 4-1981, f. & ef. 3-25-81 EFSC 10, f. & ef. 12-23-75
345-070-0015 Definitions (1) "Nuclear installation" as defined in ORS 469.300. (2) “Nuclear-fueled thermal power plant” includes the Trojan Independent Spent Fuel Storage Installation at the site of the former Trojan Nuclear Plant. (3) "Security program" means any plan or procedure the primary function of which is to protect nuclear-fueled thermal power plants, nuclear installations, transportation and storage of new or irradiated nuclear fuel elements or transportation and storage of fissile material against any deliberate act that could directly endanger the public health and safety including exposure to radiation, including, but not limited to, plans or procedures for: (a) Controlling entry to the site or portions of the site of fixed installations; (b) Deterring or discouraging penetrations of sites or carriers by unauthorized persons; (c) Detecting such penetrations in the event they occur; (d) Apprehending in a timely manner unauthorized persons or authorized persons acting in a manner constituting a threat of sabotage or theft; (e) Providing for appropriate authorities to take custody of violators. (4) "Fissile material" means fissile plutonium, uranium-233, and uranium-235 in any combination sufficient to cause (gm Pu/200 gm) + (gm U-233/200 gm) + (gm U-235 contained in uranium enriched to more than 20 percent in U-235)/350gm) to be greater than unity. (5) "Safeguards information (SI)" as defined in 10 CFR 73.2. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.530 History: EFSC 3-2021, amend filed 12/17/2021, effective 12/17/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 1-1985, f. & ef. 1-7-85 EFSC 4-1981, f. & ef. 3-25-81 EFSC 10, f. & ef. 12-23-75
345-070-0020 Confidential Treatment Required The Council and the Director shall receive, and maintain as confidential, information submitted by any person pursuant to ORS 469.530 for review and approval to the extent the information falls within the definitions of "security program" or “safeguards information” in OAR 345-070-0015. The Council and Director shall take all reasonable precautions to: (1) Limit the number of persons having access to such information; and (2) Physically safeguard such information. Statutory/Other Authority: ORS 469.530 Statutes/Other Implemented: ORS 469.530 & 192.533 History: EFSC 3-2021, amend filed 12/17/2021, effective 12/17/2021 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 1-1985, f. & ef. 1-7-85 EFSC 4-1981, f. & ef. 3-25-81 EFSC 10, f. & ef. 12-23-75
345-070-0025 Releases of Non-Confidential Information In reviewing information submitted to them under ORS 469.530, the Council and Director shall jointly determine whether specific portions of such information are not within the definition of "security program" in OAR 345-070-0015 and shall promptly arrange for the physical segregation and public availability of all information not entitled to confidential treatment. Statutory/Other Authority: ORS 469.530 Statutes/Other Implemented: ORS 469.530 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 4-1981, f. & ef. 3-25-81 EFSC 10, f. & ef. 12-23-75
345-070-0030 Public Statements on the Security Program (1) Upon completing their review and approval of a security program and modifications to the program, the Council and Director shall promptly issue a joint statement that describes, without directly or indirectly breaching the confidentiality of the security program: (a) The nature and scope of the review conducted; (b) The adequacy of the security program; and (c) A general description of the security measures. (2) In the event of discovery of noncompliance with approved security programs, the Council and Director will issue a joint statement describing the general nature of the noncompliance without directly or indirectly breaching the confidentiality of the security program. Statutory/Other Authority: ORS 469.530 Statutes/Other Implemented: ORS 469.530 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 10, f. & ef. 12-23-75
345-076-0010 Purpose The rules in this division supplement the general standards in OAR chapter 345, division 22, for the siting of energy facilities and apply to any nuclear-fueled thermal power plant or nuclear power plant, as defined in ORS 469.300 and their related and supporting facilities. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.470 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 4-1981, f. & ef. 3-25-81 EFSC 20, f. & ef. 12-30-77
345-076-0012 Rules That Apply to Nuclear Power Facilities (1) The rules in this division apply to site certificate applications for nuclear-fueled thermal power plants and nuclear power plants and their related and supporting facilities. (2) In addition to these rules, the General Standards for Siting Facilities contained in OAR chapter 345, division 22, apply to a decision whether to grant or deny issuance of a site certificate for a nuclear power facility. (3) The Council may adopt siting standards for nuclear power facilities if the Department receives a notice of intent to apply for a site certificate for such a facility. (4) The Council shall not issue a site certificate for a nuclear-fueled thermal power plant until the electors of this state have approved the issuance of the certificate as required under ORS 469.597. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.300 & 469.597 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 4-1981, f. & ef. 3-25-81 EFSC 20, f. & ef. 12-30-77
345-076-0020 Definitions In this division, the following definitions apply: (1) The term "operation of the nuclear power facility" includes its normal operation and the accumulation and storage of wastes generated thereby. (2) The term "nuclear power facility" means a nuclear-fueled thermal power plant or a nuclear power plant as defined in ORS 469.300 and their related or supporting facilities. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.300 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 4-1981, f. & ef. 3-25-81 EFSC 3-1978, f. & ef. 2-21-78 EFSC 1-1978(Temp), f. & ef. 1-5-78 EFSC 20, f. & ef. 12-30-77
345-076-0050 Federal Waste Depository To issue a site certificate for a nuclear power facility, the Council must find that there is an adequate federal repository for the disposal of high-level radioactive waste as described in ORS 469.595. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 469.300 History: EFSC 1-2007, f. & cert. ef. 5-15-07
345-092-0010 Purpose The purpose of these rules is to establish standards for uranium mills and related and supporting facilities. The Council will apply these standards in reaching a decision for or against issuance of a site certificate for the construction and operation of a uranium mill and its related or supporting facilities, as defined in OAR 345-092-0025. The Council may adopt additional standards. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.553 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 3-1981, f. & ef. 3-20-81 EFSC 2-1980, f. & ef. 2-28-80
345-092-0012 Applicability and Statutory Authority (1) In addition to the standards in OAR chapter 345, divisions 22, 23 and 24, the standards in this Division are applicable to a site certificate application for a uranium mill and its related or supporting facilities as those terms are defined in OAR 345-092-0025. (2) These standards are authorized under ORS 469.553, 469.556 and 183 and should be interpreted so as to carry out the fundamental policy of 469.310. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.553 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 3-1981, f. & ef. 3-20-81 EFSC 2-1980, f. & ef. 2-28-80
345-092-0014 Mandatory Site Certificate Conditions In addition to any other site certificate conditions that the Council may impose, the Council shall impose a site certificate condition that requires the certificate holder to design, build, operate and retire a uranium mill in accordance with the design standards contained in OAR 345-092-0031(l), (5) and (6), 345-092-0040(1), (2) and (3)(c) and 345-092-0050 and in accordance with any representations made in satisfaction of 345-092-0031(6) and (7) and 345-092-0040(3)(a) and (d). Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.553 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 3-1981, f. & ef. 3-20-81
345-092-0025 Definitions (1) The definitions set out in ORS 469.300 apply in interpreting rules in this division, unless the context requires otherwise or unless a term is specifically defined in this rule. (2) "Uranium mill" means a site at which ore is milled primarily for the recovery of uranium by conventional methods, which involve the crushing, grinding and leaching (acid or alkaline) of the ore, followed by chemical separation and concentration of uranium. As used in this division, "uranium mill" does not include facilities for the extraction of uranium by in situ mining or heap leaching. (3) "Mill tailings" means the residues remaining after extraction of uranium from its ore at a uranium mill. (4) "Related or supporting facilities" means, in addition to related or supporting facilities as defined in ORS 469.300, structures adjacent to and associated with a uranium mill including areas from which ore is mined to produce feed material for the mill, ponds designed for the storage of mill tailings or other materials and any sites for the permanent disposal of mill tailings and mine overburden. (5) The term "facility" means a uranium mill and its related or supporting facilities. (6) "Facility boundary" means the boundary within which the applicant or site certificate holder has the legal right to control the access of individuals. Statutory/Other Authority: ORS 469.556 Statutes/Other Implemented: ORS 469.553 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 3-1981, f. & ef. 3-20-81 EFSC 2-1980, f. & ef. 2-28-80