45-14-25 - Transportation of radioactive materials.
§ 45-14-25. Transportation of radioactive materials.
(1) The agency is authorized to adopt, promulgate, amend and repeal rules and regulations governing the transportation of radioactive materials in Mississippi, which, in the judgment of the council, shall promote the public health, safety or welfare and protect the environment.
(a) Such rules and regulations may include, but shall not be limited to, provisions for the use of signs designating radioactive material cargo, for the packaging, marking, loading and handling of radioactive materials and the precautions necessary to determine whether the material when offered is in proper condition for transport, and may include designation of routes in this state which are to be used for the transportation of radioactive materials.
(b) Such rules and regulations shall not include the carrier vehicle or its equipment, the licensing of packages, nor shall they apply to the handling or transportation of radioactive material within the confines of a facility licensed by or owned by a federal agency.
(c) The agency, in consultation with the council, is authorized to adopt by reference, in whole or in part, such federal rules and regulations governing the transportation of radioactive material which are established by the United States Nuclear Regulatory Commission, the United States Federal Aviation Agency, the United States Department of Transportation, the United States Coast Guard or the United States Post Office (or any federal agency which is a successor to any of the foregoing agencies), as such federal rules may be amended from time to time.
(d) The agency shall not promulgate any rules or regulations pertaining to matters within the jurisdiction of the United States Department of Transportation or the United States Federal Aviation Administration under the Hazardous Materials Transportation Act, except to the extent that the agency adopts by reference rules or regulations issued by the United States Department of Transportation or the United States Federal Aviation Administration, and except as provided in 49 USCS Section 1811(b).
(2) The agency is authorized to enter into agreements with the respective federal agencies designed to avoid duplication of effort and/or conflict in enforcement and inspection activities so that:
(a) Rules and regulations adopted by the agency pursuant to this chapter may be enforced, within their respective jurisdictions, by any authorized representatives of the agency and other state agencies, according to mutual understandings between such agencies of their respective responsibilities and authorities.
(b) The agency, through any authorized representative, is authorized to inspect any records of persons engaged in the transportation of radioactive materials during the hours of business operation when such records reasonably relate to the method or contents of packaging, marking, loading, handling or shipping of radioactive materials within the state.
(c) The agency, through any authorized representative, may enter upon and inspect the premises or vehicles of any person engaged in the transportation of radioactive materials during hours of business operation, with or without a warrant, for the purpose of determining compliance with the provisions of this chapter and the rules and regulations promulgated hereunder.
(3) Upon a determination by the agency that any provision of this chapter, or the rules and regulations promulgated hereunder, are being violated or that any practice in the transportation of radioactive materials constitutes a clear and imminent danger to the public health, property or safety, it may issue an order requiring correction.
Sources: Laws, 1976, ch. 469, § 13, eff from and after passage (approved May 25, 1976).