10-3-1305. Responsibilities of owner. - Montana Statutes

     10-3-1305. Responsibilities of owner. (1) Prior to shipping high-level radioactive waste or transuranic waste through the state, an owner and the originating shipper if not the owner shall provide to the transporter and to the disaster and emergency services division, within limits set by the regulating federal authority:
     (a) a shipment description, including type of waste;
     (b) a safety plan, which must be submitted to the disaster and emergency services division and which must include:
     (i) the specifications of casks being used to transport the radioactive waste, including how the casks have been tested and certified;
     (ii) proof of training of an owner's escorts for emergency situations, including accidents;
     (iii) the intended route;
     (iv) all safety precautions to be taken to prevent an accident; and
     (v) emergency plans for threats to safety;
     (c) proof of insurance or an indemnity bond. If the owner and the originating shipper if not the owner is covered by a federal insurance program for the transport of radioactive material, proof of coverage by that program is sufficient. If a federal insurance program does not cover the owner, the owner shall provide proof of a bond or indemnity insurance coverage as required by the regulating federal authority.
     (d) proof of a radiotelephone or other working, two-way voice communications device approved by the nuclear regulatory commission for the main transporter and for each escort vehicle.
     (2) An owner or the originating shipper if not the owner may not transport through the state any high-level radioactive waste or transuranic waste that is not properly sealed in a cask approved by the regulating federal authority.

     History: En. Sec. 5, Ch. 560, L. 2003.