CHAPTER 8. TRANSPORTATION OF HIGH LEVEL RADIOACTIVE WASTE
IC 10-14-8
Chapter 8. Transportation of High Level Radioactive Waste
IC 10-14-8-1
Application of chapter
Sec. 1. (a) This chapter applies to the following:
(1) High level radioactive waste transported to a site authorizedby a government agency to receive, store, reprocess, or disposeof high level radioactive waste or spent nuclear fuel.
(2) Low level radioactive waste that is:
(A) transported to a site authorized by a government agencyto receive low level radioactive waste; or
(B) shipped to a storage or treatment site before disposal.
(b) This chapter does not apply to:
(1) radioactive waste shipped by the United States Departmentof Defense; or
(2) the transport of low level radioactive waste betweenpremises owned by or operated under the license of a licenseeby a motor vehicle owned by or under contract to the licenseeand a facility owned by or operated under the license of alicensee in Indiana.
As added by P.L.2-2003, SEC.5. Amended by P.L.26-2010, SEC.2.
IC 10-14-8-2
"High level radioactive waste"
Sec. 2. As used in this chapter, "high level radioactive waste"means:
(1) irradiated reactor fuel;
(2) liquid wastes resulting from the operation of a first cyclesolvent extraction system or its equivalent and the concentratedwastes from a subsequent extraction cycle or its equivalent ina facility for reprocessing irradiated reactor fuel;
(3) solids into which liquid wastes described in subdivision (2)have been converted; and
(4) materials produced as a byproduct of the reactions thatoccur inside a nuclear reactor in either of the following forms:
(A) Spent nuclear fuel that is accepted for disposal.
(B) Waste materials remaining after spent nuclear fuel isreprocessed.
As added by P.L.2-2003, SEC.5. Amended by P.L.26-2010, SEC.3.
IC 10-14-8-2.3
"Licensee"
Sec. 2.3. As used in this chapter, "licensee" refers to an entity thatis licensed by the United States Nuclear Regulatory Commission toown or use radioactive materials.
As added by P.L.26-2010, SEC.4.
IC 10-14-8-2.5
"Low level radioactive waste" Sec. 2.5. As used in this chapter, "low level radioactive waste"means radioactive material from a facility licensed by the UnitedStates Nuclear Regulatory Commission under 10 CFR 50 other thanthe following:
(1) High level radioactive waste.
(2) Spent nuclear fuel.
(3) Transuranic waste.
(4) Byproduct material (as defined in 42 U.S.C. 2014(e)).
As added by P.L.26-2010, SEC.5.
IC 10-14-8-2.7
"Spent nuclear fuel"
Sec. 2.7. As used in this chapter, "spent nuclear fuel" means fuel:
(1) that has been withdrawn from a nuclear reactor followingirradiation; and
(2) whose constituent elements have not been separated byreprocessing.
As added by P.L.26-2010, SEC.6.
IC 10-14-8-2.9
Permit for shipper of high or low level radioactive waste
Sec. 2.9. (a) A shipper of high or low level radioactive waste inIndiana must submit an application to the department of homelandsecurity in the form and manner prescribed by the department ofhomeland security.
(b) The department of homeland security may issue a permit to aperson that:
(1) submits a completed application; and
(2) pays a fee set by the department of homeland security.
(c) The permit must:
(1) specify the purpose for which the permit is issued; and
(2) contain an expiration date.
As added by P.L.26-2010, SEC.7.
IC 10-14-8-3
Notice to director before transport of high level radioactive waste;fee for transport
Sec. 3. (a) Before a person may transport high level radioactivewaste in Indiana, the shipper must submit the following to thedirector:
(1) An appropriate permit issued under section 2.9 of thischapter.
(2) The following fees:
(A) For each truck shipment, two thousand five hundreddollars ($2,500) per truck.
(B) For each rail shipment:
(i) four thousand five hundred dollars ($4,500) for the firstcask; and
(ii) three thousand dollars ($3,000) for the second andadditional casks. (b) The director shall deposit fees collected under this section inthe nuclear response fund established by section 6 of this chapter.
(c) As used in this section, "cask" means a heavily shieldedcontainer:
(1) used for the shipment of radioactive materials, includinghigh level radioactive waste and spent nuclear fuel; and
(2) whose design is approved by the United States NuclearRegulatory Commission.
As added by P.L.2-2003, SEC.5. Amended by P.L.148-2003, SEC.2;P.L.26-2010, SEC.8.
IC 10-14-8-3.1
Permit and fee for transport of low level radioactive waste
Sec. 3.1. (a) Before a person may transport low level radioactivewaste in Indiana, the shipper must submit:
(1) an appropriate permit issued under section 2.9 of thischapter; and
(2) a transportation fee of one hundred dollars ($100) for eachshipment of low level radioactive waste;
to the director.
(b) The director shall deposit fees collected under this section inthe nuclear response fund established by section 6 of this chapter.
As added by P.L.148-2003, SEC.3. Amended by P.L.26-2010, SEC.9.
IC 10-14-8-4
Duties of director
Sec. 4. (a) The director shall consult with:
(1) the state health commissioner of the state department ofhealth;
(2) the commissioner of the Indiana department oftransportation;
(3) the commissioner of the department of environmentalmanagement;
(4) the director of the department of natural resources;
(5) the superintendent of the state police department;
(6) representatives of the:
(A) United States Nuclear Regulatory Commission;
(B) Federal Emergency Management Agency;
(C) United States Department of Energy; and
(D) United States Department of Transportation; and
(7) a representative of a local emergency management agencydesignated by the director;
to prepare a plan for emergency response to a radioactive wastetransportation accident in Indiana. The plan must include provisionsfor evacuation, containment, and cleanup and must designate the roleof each state or local government agency involved in the emergencyresponse plan.
(b) The director shall report to the general assembly each year onthe:
(1) status of the plan prepared under subsection (a); and (2) ability of the state to respond adequately to a radioactivewaste transportation accident in Indiana.
A report under this subsection to the general assembly must be in anelectronic format under IC 5-14-6.
As added by P.L.2-2003, SEC.5. Amended by P.L.28-2004, SEC.80;P.L.26-2010, SEC.10.
IC 10-14-8-5
Designated routes; required alternative routes
Sec. 5. (a) Under 49 CFR Part 177, the director may requirepreferred highway routes for transporting high level radioactivewaste in Indiana if the director determines under United StatesDepartment of Transportation "Guidelines for Selecting PreferredHighway Routes for Highway Route Controlled Quantity Shipmentsof Radioactive Materials" that alternative routes are safer thanproposed routes.
(b) The director shall:
(1) annually review federally approved highway and railwayroutes for transporting high level radioactive waste in Indiana;and
(2) select new state designated routes in accordance with 49CFR Part 172.80 if safety considerations indicate the alternateroutes would be preferable.
(c) Before the director may require alternative routes undersubsection (a) or select new state designated routes under subsection(b), the director must do the following:
(1) Consult with all of the persons described in section 4(a) ofthis chapter.
(2) Conduct or engage in substantial consultation with theaffected local county authorities.
(3) Notify the:
(A) state health commissioner of the state department ofhealth;
(B) commissioner of the department of environmentalmanagement;
(C) superintendent of the state police department; and
(D) local emergency management agency and applicablelocal fire and law enforcement agencies in each affectedcounty;
of the director's final decision concerning an alternative routeor a new state designated route before the date upon which thealternative route or new state designated route takes effect.
(d) The state is not liable by requiring alternate routes to be usedas provided under this section.
As added by P.L.2-2003, SEC.5. Amended by P.L.26-2010, SEC.11.
IC 10-14-8-6
Nuclear response trust fund; purpose; sources of revenue;administration; investment
Sec. 6. (a) The nuclear response fund is established to: (1) provide appropriate education, training, and equipment tostate and local emergency responders:
(A) that respond to a release of radioactive waste caused byor during the transportation of radioactive waste under thischapter; and
(B) to prevent, prepare for, and respond to acts of terrorism;and
(2) otherwise enforce this chapter.
(b) Sources of money for the fund consist of transportation feesdeposited under section 3(b) or 3.1(b) of this chapter.
(c) The department of homeland security shall administer thefund. Money in the fund is annually appropriated to the departmentof homeland security to be used for purposes described in subsection(a).
(d) The expenses of administering the fund shall be paid frommoney in the fund.
(e) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested.
(f) Money in the fund at the end of a fiscal year does not revert tothe state general fund.
As added by P.L.2-2003, SEC.5. Amended by P.L.148-2003, SEC.4;P.L.1-2006, SEC.177; P.L.26-2010, SEC.12.
IC 10-14-8-7
Defense information and restricted data
Sec. 7. This chapter does not require the disclosure of defenseinformation or restricted data (as defined in the federal AtomicEnergy Act of 1954 (42 U.S.C. 2014)).
As added by P.L.2-2003, SEC.5.
IC 10-14-8-8
Rules
Sec. 8. The director may adopt rules under IC 4-22-2 to implementthis chapter.
As added by P.L.2-2003, SEC.5. Amended by P.L.22-2005, SEC.9.
IC 10-14-8-9
Reimbursement of government security expenses by shipper ofradioactive waste
Sec. 9. A shipper of:
(1) low level radioactive waste; or
(2) high level radioactive waste;
in Indiana shall reimburse each governmental entity that providessecurity for a shipment for reasonable and necessary expensesincurred by the governmental entity in providing the security.
As added by P.L.148-2003, SEC.5. Amended by P.L.26-2010,SEC.13.
IC 10-14-8-10 Seizure of certain motor vehicles and cargo by state policedepartment; correction of violations
Sec. 10. (a) The state police department may detain, seize, orimpound a motor vehicle and its cargo if the state police departmentdetermines that the motor vehicle is involved in a violation of thischapter. The state police department shall observe established statepolice department guidelines in seizing or impounding the motorvehicle and cargo.
(b) To obtain possession of a seized or impounded motor vehicleor its cargo, the motor carrier that operates the motor vehicle mustcorrect any violations of this chapter, including without limitation thefailure to obtain a permit required under this chapter that resulted inthe detention, seizure, or impounding of the motor vehicle or cargo.
As added by P.L.26-2010, SEC.14.
IC 10-14-8-11
Inspections of motor vehicles and cargo
Sec. 11. (a) The following may conduct inspections of motorvehicles and cargo to determine violations of and enforce thischapter:
(1) The state police department.
(2) Agents of the state police department.
(3) Motor carrier inspectors of the state police department.
(4) Other eligible law enforcement officers.
(b) With respect to any rail shipment, the following may requestfrom a shipper or carrier a copy of the appropriate permit issuedunder section 2.9 of this chapter to the shipper:
(1) The state police department.
(2) Agents of the state police department.
(3) Motor carrier inspectors of the state police department.
(4) Rail safety inspectors.
(5) Other eligible law enforcement officers.
As added by P.L.26-2010, SEC.15.
IC 10-14-8-12
Violation; Class B infraction
Sec. 12. A person who violates this chapter commits a Class Binfraction.
As added by P.L.26-2010, SEC.16.