New Hampshire Revised Statutes 107-D:2 – Transportation of High-Level Radioactive Waste; Requirements; Rulemaking
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I. Notwithstanding any other provision of law to the contrary, any carrier transporting high-level radioactive waste shall be subject to the requirements of this chapter.
II. No person, including the state or any agency thereof, shall transport high-level radioactive waste in, to, or through this state on the public roads of this state or by water or by any railroad in this state, whether or not the transportation originated in this state; nor shall any person deliver in this state any high-level radioactive waste to any person for transportation; nor shall any such person accept any high-level radioactive waste for transportation in this state without compliance with the following requirements:
(a) Such high-level radioactive waste shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules adopted by the commissioner pursuant to N.H. Rev. Stat. Chapter 541-A and consistent with federal law.
(b) Compliance with any rules shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, and any other laws or rules of an agency of this state, applicable to such persons.
III. The commissioner shall adopt rules pursuant to N.H. Rev. Stat. Chapter 541-A such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads or by water or by any railroad in this state any high-level radioactive waste unless such person shall notify the commissioner or designee in accordance with such rules.
IV. Knowledge by a shipper that a carrier proposes to transport high-level radioactive waste in or through this state on the public roads or by water or by railroad in this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the courts of this state with respect to such transport.
II. No person, including the state or any agency thereof, shall transport high-level radioactive waste in, to, or through this state on the public roads of this state or by water or by any railroad in this state, whether or not the transportation originated in this state; nor shall any person deliver in this state any high-level radioactive waste to any person for transportation; nor shall any such person accept any high-level radioactive waste for transportation in this state without compliance with the following requirements:
Terms Used In New Hampshire Revised Statutes 107-D:2
- Carrier: means any person engaged in the transportation on the public roads or by water or by railroads in this state of goods or property in, to, or through this state, whether or not such transportation is for hire. See New Hampshire Revised Statutes 107-D:1
- Commissioner: means the commissioner of the department of safety. See New Hampshire Revised Statutes 107-D:1
- Department: means the department of safety. See New Hampshire Revised Statutes 107-D:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- High-level radioactive waste: means :
(a) The highly radioactive material resulting from the reprocessing of irradiated reactor fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations;
(b) The highly radioactive material resulting from atomic energy defense activities; and
(c) Any other highly radioactive material, greater than class C in accordance with Title 10, Code of Federal Regulations, that the Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation. See New Hampshire Revised Statutes 107-D:1 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes any individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency or instrumentality of the United States government or any other entity and includes any officer, agent, or employee of any of the above. See New Hampshire Revised Statutes 107-D:1
- Shipper: means any person who arranges for, provides for, solicits a carrier for, consigns to a carrier for, or contracts with a carrier for shipment or transport of goods or property. See New Hampshire Revised Statutes 107-D:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) Such high-level radioactive waste shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules adopted by the commissioner pursuant to N.H. Rev. Stat. Chapter 541-A and consistent with federal law.
(b) Compliance with any rules shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, and any other laws or rules of an agency of this state, applicable to such persons.
III. The commissioner shall adopt rules pursuant to N.H. Rev. Stat. Chapter 541-A such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads or by water or by any railroad in this state any high-level radioactive waste unless such person shall notify the commissioner or designee in accordance with such rules.
IV. Knowledge by a shipper that a carrier proposes to transport high-level radioactive waste in or through this state on the public roads or by water or by railroad in this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the courts of this state with respect to such transport.