Or. Admin. Code § 740-110-0070

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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).

Or. Admin. Code § 740-110-0070

PUC 4-1991, f. & cert. ef. 3-14-91 (Order No. 91-310); MCT 3-1996, f. & cert. ef. 3-14-96; Renumbered from 860-066-0074; MCTB 6-1998, f. & cert. ef. 12-21-98; MTCB 3-2000, f. & cert. ef. 4-28-00; MCTD 21-2020, minor correction filed 05/08/2020, effective 5/8/2020; MCTD 7-2023, minor correction filed 09/19/2023, effective 9/19/2023

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