RSA 107-D:2 · Transportation of High-Level Radioactive Waste; Requirements; Rulemaking

107-D:2 Transportation of High-Level Radioactive Waste; Requirements; Rulemaking. –

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I.

Notwithstanding any other provision of law to the contrary, any carrier transporting high-level radioactive waste shall be subject to the requirements of this chapter.

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II.

No person, including the state or any agency thereof, shall transport high-level radioactive waste in, to, or through this state on the public roads of this state or by water or by any railroad in this state, whether or not the transportation originated in this state; nor shall any person deliver in this state any high-level radioactive waste to any person for transportation; nor shall any such person accept any high-level radioactive waste for transportation in this state without compliance with the following requirements:

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(a)

Such high-level radioactive waste shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules adopted by the commissioner pursuant to RSA 541-A and consistent with federal law.

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(b)

Compliance with any rules shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, and any other laws or rules of an agency of this state, applicable to such persons.

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III.

The commissioner shall adopt rules pursuant to RSA 541-A such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads or by water or by any railroad in this state any high-level radioactive waste unless such person shall notify the commissioner or designee in accordance with such rules.

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IV.

Knowledge by a shipper that a carrier proposes to transport high-level radioactive waste in or through this state on the public roads or by water or by railroad in this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the courts of this state with respect to such transport. Source. 1998, 151:1, eff. Jan. 1, 1999.

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