Or. Admin. Code § 740-110-0070 - Oregon Radioactive Materials Transport Permit
(1) A person shall obtain an "Oregon
Radioactive Materials Transport Permit" from the Oregon Department of
Transportation, Commerce and Compliance Division, prior to transport in the
state of Oregon of radioactive material which requires a placard on the vehicle
according to Title 49, Code of Federal Regulations, Part 172 Sub Part
F.
(2) An application for a permit
shall be submitted annually to the Oregon Department of Transportation,
Commerce and Compliance Division, 455 Airport Road SE, Building A, Salem OR
97301. Carriers applying for the first time shall submit the application at
least 30 days prior to transporting any materials specified in section (1) of
this rule.
(3) An application shall
include:
(a) Name and address of the
carrier;
(b) Telephone numbers of
the carrier that will be answered at any time for emergencies and a statement
that the carrier has a 24-hour telephone number for contacting all
shippers;
(c) A description of the
material to be transported, number of shipments and estimated radioactivity per
shipment. Precise information is not necessary if unavailable;
(d) A description of the route or routes to
be taken and approximate schedule. Precise information is not necessary if
unavailable;
(e) A description of
any violations by the applicant of any local, state or federal regulations
within the past two years related to radioactive materials transportation.
Copies of most recent federal and/or state motor carrier safety and/or
hazardous materials audit and inspection reports are sufficient to satisfy this
requirement;
(f) Oregon DOT
operating authority identification number, U.S. DOT Number, and U.S. EPA
Identification Number, when appropriate; and
(g) Proof of insurance including minimum
levels of coverage and policy expiration date, or verification of self
insurance.
(4) A regular
permit will be issued if the applicant's record of violations of federal and
state motor carrier safety and hazardous materials requirements indicate that
its practices have not and will not create an undue risk to public health,
safety, or the environment.
(5)
Conditional permits will be issued when the carrier's Federal Highway
Administration safety rating is "conditional" pursuant to the authority of
Title 49, Code of Federal Regulations, Part 385.1 . Shipments made under a
conditional permit require pre-trip notification to arrange for
inspection.
(6) A permit may be
issued by telephone when, as a result of conditions not subject to the control
of the carrier, compliance within the 30-day requirement of section (2) of this
rule is not possible. A carrier acquiring a permit under this section shall
provide information contained in subsection (3)(a) through (d), (f) and (g) of
this rule.
(7) Copies of the
carrier's Oregon Radioactive Materials Transport Permit shall accompany
shipments of radioactive material transported by highway.
(8) Any person who has been denied a permit
under this rule shall upon request be granted a hearing before the Department.
After hearing, the Department shall grant or deny the permit.
(9) Once issued, permits may remain valid for
one year from date of issuance.
(10) Permits may be revoked for failure to
comply with the conditions named on the permit, and/or violations of the motor
carrier safety, hazardous and/or radioactive materials requirements.
(11) Reinstatement of a permit revoked under
section (10) of this rule will require submission of a new application and a
demonstration that remedial actions have been taken to prevent recurrence of
the violation(s).
Notes
Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.
Statutory/Other Authority: ORS 184.619, 469.470, 823.011, 825.252 & 825.258
Statutes/Other Implemented: ORS 825.258
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