N.Y. Comp. Codes R. & Regs. tit. 6 § 381.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 381.11 - Operation requirements for transporters

(a) A permittee may only deliver or otherwise relinquish possession of low-level radioactive waste to an authorized treatment, storage or disposal facility as defined in section 381.4(c) of this Part.

(b) The operator of any vehicle used for activities covered by this Part must carry the original permit or a legible photocopy of such permit in the vehicle. The operator must present the permit, together with a manifest relative to the low-level radioactive waste being transported, to authorized representatives of the department, other State agencies or to any law enforcement officers when requested to do so.

(c) A permittee must display the full name or legally registered trade name of the transporter on both sides of each vehicle used for activities covered by this Part. The permittee must also conspicuously display the New York State LLRW transport permit number on both sides and the rear of the vehicle. The permit number must be in figures at least three inches high and of a color which contrasts with the background.

(d) All low-level radioactive wastes must be properly packaged and contained during transport in accordance with 49 CFR part 173 and 10 CFR part 71 (see section 381.18 of this Part).

(e) A permittee and the operator of any vehicle used for activities covered by this Part must comply with all applicable State and Federal laws and all rules and regulations promulgated thereunder. The permittee is responsible for all requirements for all vehicles, including leased vehicles operated under his/her permit.

(f) A permittee must conspicuously mark or placard every vehicle, in a manner consistent with section 14-f of the New York State Transportation Law, any rules and regulations promulgated thereunder and any related Federal requirements, related to the transportation of the regulated waste and its principal hazard. Packaging, labeling and placarding of LLRW shipments must be in accordance with the provisions of 10 CFR part 71, 49 CFR part 172 and 49 CFR part 173 (see section 381.18 of this Part).

(g) Permits are not transferable. Change of ownership invalidates the provisions of such permits. Any change of address, name or location of garaged vehicles must be submitted immediately to the department.

(h) A permittee shall submit a report to the department annually, or more frequently if the department deems necessary, on forms prescribed by the department. The date report submittal is due will be established by the department. A permittee shall retain for three years the records required by section 381.15 of this Part on which such reports are based, and shall make such records available, upon request, to the department during normal business hours.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 381.11