2017 ORS 469.605¹
Permit to transport required
  • application
  • delegation of authority to issue permits
  • fees
  • rules

(1) No person shall ship or transport radioactive material identified by the Energy Facility Siting Council by rule as posing a significant hazard to public health and safety or the environment if improperly transported into or within the State of Oregon without first obtaining a permit from the State Department of Energy.

(2) Such permit shall be issued for a period not to exceed one year and shall be valid for all shipments within that period of time unless specifically limited by permit conditions.

(3) Application for a permit under this section shall be made in a form and manner prescribed by the Director of the State Department of Energy and may include:

(a) A description of the kind, quantity and radioactivity of the material to be transported;

(b) A description of the route or routes proposed to be taken and the transport schedule;

(c) A description of any mode of transportation; and

(d) Other information required by the director to evaluate the application.

(4) The director shall collect a fee from all applicants for permits under this section in an amount reasonably calculated to provide for the costs to the department of performing the duties of the department under ORS 469.550 (Order for halt of plant operations or activities with radioactive material) (3), 469.563 (Court orders for enforcement), 469.603 (Intent to regulate transportation of radioactive material) to 469.619 (State Department of Energy to make federal regulations available) and 469.992 (Civil penalties). Fees collected under this subsection shall be deposited in the State Department of Energy Account established under ORS 469.120 (State Department of Energy Account).

(5) The director shall issue a permit only if the application demonstrates that the proposed transportation will comply with all applicable rules adopted under ORS 469.603 (Intent to regulate transportation of radioactive material) to 469.619 (State Department of Energy to make federal regulations available) and if the proposed route complies with federal law as provided in ORS 469.606 (Determination of best and safest route).

(6) The director may delegate the authority to issue permits for the transportation of radioactive material to the Department of Transportation. In exercising such authority, the Department of Transportation shall comply with the applicable provisions of ORS 469.603 (Intent to regulate transportation of radioactive material) to 469.619 (State Department of Energy to make federal regulations available) and rules adopted by the director or the Energy Facility Siting Council under ORS 469.603 (Intent to regulate transportation of radioactive material) to 469.619 (State Department of Energy to make federal regulations available). Permits issued by the Department of Transportation under this subsection shall be enforced according to the provisions of ORS 825.258 (Rules for transportation of hazardous waste, hazardous material and PCB). The director also may delegate other authority granted under ORS 469.605 (Permit to transport required) to 469.619 (State Department of Energy to make federal regulations available) to other state agencies if the delegation will maintain or enhance the quality of the transportation safety program. [1981 c.707 §5; 1989 c.6 §4; 1991 c.233 §3; 2003 c.186 §36]

1 Legislative Counsel Committee, CHAPTER 469—Energy; Conservation Programs; Energy Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors469.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.