64E-5.1509. Permit Requirements

(1) Any carrier who transports low-level radioactive waste destined for a low-level radioactive waste treatment, storage or disposal facility, prior to entrance into the State of Florida, shall obtain a permit from the Department for transporting such waste into the State.

(a) An application for a permit must contain the following information or material:

1. Name, address and telephone number of the carrier; and

2. Certification statement that the carrier will comply with this part and the regulations of the U.S. Department of Transportation.

(b) Each application for a permit must be accompanied by an annual fee of $100. Permits shall be valid for 365 days following the date of issue. Permit fees are not refundable. Permits may not be transferred or assigned to another carrier.

(2)(a) Before any shipment of low-level radioactive waste may be transported into or through the State, the permitted carrier shall give written or telephonic notice to the Department not less than 48 hours prior to the date of the arrival of the shipment at the borders of the State. The carrier must provide the Department with the following information in the notice:

1. The expected date and time the shipment will arrive at the borders of the State;

2. The estimated time the shipment will remain in the State;

3. An estimate of the radioisotopes contained within the shipment;

4. An estimate of the total activity, in curies, contained within the shipment;

5. An estimate of the total volume, in cubic feet, contained within the shipment; and

6. The proposed route over which the shipment will be transported.

(b) The carrier must immediately notify the Department of any cancellations or changes of information provided in the prior notification, such as changes in the date of shipment arrival, the length of time the shipment will remain in the State, or the description or quantity of the radioactive waste contained within the shipment.

(3) Any permit issued pursuant to subsection 64E-5.1509(1), F.A.C., may be suspended if the Department has reasonable cause to suspect that the continued shipment of low-level radioactive waste presents a hazard to the public health. Grounds for suspension of a permit may include failure to include the information requested pursuant to subsection 64E-5.1509(2), F.A.C., falsification of information submitted on the application for a permit, or violation of Florida law or Department regulations. Prior to the suspension of a permit, the holder of the permit shall be notified in writing that the permit will be suspended and that an opportunity for an administrative hearing will be provided, if requested in writing within 30 days of the receipt of the notice of the intent to suspend the permit. The Department may remove the suspension at any time if the Department determines that the suspected hazard no longer exists.

(4) All applications for permits and prior notifications of impending shipments shall be addressed to the Department as outlined in subsection 64E-5.1513(2), F.A.C.

Rulemaking Authority 404.051, 404.061, 404.131, 404.20 FS. Law Implemented 404.022, 404.051(1), (4), (6), (11), 404.131(2), (3), 404.20(6), (7), (8) FS. History–New 7-17-85, Formerly 10D-91.2010.