State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_104E > GS_104E-15

§104E‑15.  Transportation of radioactive materials.

(a)        The RadiationProtection Commission is authorized to adopt, promulgate, amend, and repealrules and regulations governing the transportation of radioactive materials inNorth Carolina, which, in the judgment of the Commission, shall promote thepublic health, safety, or welfare and protect the environment.

(1)        Such rules andregulations may include, but shall not be limited to, provisions for the use ofsigns designating radioactive material cargo; for the packing, marking,loading, and handling of radioactive materials, and the precautions necessaryto determine whether the material when offered is in proper condition fortransport, and may include designation of routes in this State which are to beused for the transportation of radioactive materials.

(2)        Such rules andregulations shall not include the carrier vehicle or its equipment, thelicensing of packages, nor shall they apply to the handling or transportationof radioactive material within the confines of a facility licensed by or ownedby a federal agency.

(3)        The Commission isauthorized to adopt by reference, in whole or in part, such federal rules andregulations governing the transportation of radioactive material which areestablished by the United States Nuclear Regulatory Commission, the UnitedStates Department of Transportation, or the United States Postal Service (orany federal agency which is a successor to any of the foregoing agencies), assuch federal rules may be amended from time to time.

(b)        The Department isauthorized to enter into agreements with the respective federal agenciesdesigned to avoid duplication of effort and/or conflict in enforcement andinspection activities so that:

(1)        Rules andregulations adopted by the Commission pursuant to this section of this Chaptermay be enforced, within their respective jurisdictions, by any authorizedrepresentatives of the Department of Environment and Natural Resources and theDepartment of Transportation, according to mutual understandings between suchdepartments of their respective responsibilities and authorities.

(2)        The Department,through any authorized representative, is authorized to inspect any records ofpersons engaged in the transportation of radioactive materials during the hoursof business operation when such records reasonably relate to the method orcontents of packing, marking, loading, handling, or shipping of radioactivematerials within the State.

(3)        The Department,through any authorized representative, may enter upon and inspect the premisesor vehicles of any person engaged in the transportation of radioactivematerials during hours of business operation, with or without a warrant, forthe purpose of determining compliance with the provisions of this Chapter andthe rules and regulations promulgated by the Commission.

(c)        Upon adetermination by the Department that any provision of this section, or therules and regulations promulgated by the Commission are being violated or thatany practice in the transportation of radioactive materials constitutes a clearand imminent danger to the public health, property, or safety, it shall issuean order requiring correction as provided in G.S. 104E‑13(b). (1975,c. 716, s. 7; c. 718, s. 1; 1989, c. 727, s. 219(22); 1997‑443, s.11A.119(a).)