[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone 7-11-1988 by Ord. No. 516, approved 7-11-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 166.
Nuclear waste disposal sites are a dangerously hazardous use
and are prohibited within any and all zoned districts within Eddystone
Borough.
This chapter shall be known and may be cited as the "Eddystone
Borough Nuclear Materials Ordinance."
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
Any public street, public alley or public road.
Any individual, association, public or private corporation
for profit or not for profit, partnership firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district authority or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any clause prescribing and imposing a penalty or imposing
a fine or imprisonment, the term "person" shall include the members
of any association, partnership or firm and the officers of any local
agency or municipal corporation, public or private corporation, for
profit or not for profit.
Any material (solid, liquid or gas) of which one or more
constituents exhibit radioactivity or is capable of emitting ionizing
radiation.
The handling, storage, use and disposing of any radioactive
materials is prohibited and unlawful within the Borough of Eddystone,
Delaware County, Commonwealth of Pennsylvania.
It shall be unlawful to transport radioactive material in any
quantity or form within or through the Borough of Eddystone unless,
no later than 48 hours prior to the commencement of such shipment,
notification of shipment has been submitted to the Chief of Police,
Fire Chief and Emergency Management Coordinator. Such notification
shall include at least the following information:
A.
Identification of all radioactive elements contained in said shipment
by name, atomic numbers and weight; if said shipment consists of spent
reactor fuel or mixed fission products associated with such spent
fuel elements, it shall be identified as "spent reactor fuel."
B.
Identification of the radioactive level of each element or shipment,
in curies.
C.
Identification of the transportation route, date and approximate
time of such transport into or out of the Borough of Eddystone.
D.
The name, address and telephone number of the person, association,
partnership or corporation submitting the notice and his, her or its
relationship to the shipment (e.g., consignee, shipper or transporter)
and the name of the shipper, the name of the carrier and the name
of the person or firm to whom the shipment is being sent.
It shall be unlawful to transport on the highways of the Borough
of Eddystone any of the following radioactive materials:
A.
Plutonium isotopes in any quantity and form exceeding two grams or
20 curies, whichever is less.
B.
Uranium enriched in the isotope Uranium 235 exceeding 25% atomic
of the total Uranium content in quantities where the Uranium 235 content
exceeds one kilogram.
C.
Any of the actinides (e.g., elements with atomic number 89 or greater)
the activity of which exceeds 20 curies.
D.
Spent reactor fuel elements or mixed fission products associated
with such spent fuel elements, the activity of which exceeds 20 curies.
E.
Any quantity of radioactive material specified as a large quantity
by the Nuclear Regulatory Commission in 10 CFR 71 entitled "Packaging
of Radioactive Material for Transport."
For the purposes of this chapter, the term "radioactive material"
shall not include:
A.
Radiation sources defined by the Department of Transportation in
49 CFR 173.391 as being a limited quantity.
B.
Radiation sources used in radiography and other nondestructive testing
procedures, when used by persons or firms duly licensed by the Commonwealth
of Pennsylvania.
C.
Radiation sources shipped by or for the United States government
for military or national defense purposes.
D.
Teletherapy sources or radioactive materials employed in therapeutic
radiology, in biomedical research or in education endeavors, or medical
devices designed for individual application (e.g., cardiac pacemakers,
containing plutonium, Uranium 238, Promethium 147 or other radioactive
materials).
Nothing in this chapter shall be construed to require the disclosure
of any defense information or restricted data as defined in the Atomic
Energy Act of 1954 and the Energy Reorganization Act of 1974, as amended.
This chapter shall not apply to radioactive material shipped
by or for the United States government for national security, military
purposes or national defense purposes.
Any violation of this chapter shall be punishable by a fine
of $1,000 plus costs of prosecution. A new and separate offense shall
be deemed to have been committed for each day that said violation
exists.
