Motor carriers: Rejection of and liability for certain packages of radioactive waste.
1. A motor carrier who is transporting radioactive waste shall reject any package containing the waste which is tendered to him for transport in this State if the package:
(a) Is leaking or spilling its contents;
(b) Does not bear a:
(1) Marking required pursuant to 49 C.F.R. Part 172, Subpart D;
(2) Label required pursuant to 49 C.F.R. Part 172, Subpart E; or
(3) Placard required pursuant to 49 C.F.R. Part 172, Subpart F; or
(c) Is not accompanied by a:
(1) Shipping paper required pursuant to 49 C.F.R. Part 172, Subpart C; or
(2) Manifest required pursuant to 10 C.F.R. Part 20, Appendix G.
2. A carrier who accepts radioactive waste for transport in this State is liable for any package in his custody which leaks or spills its contents, does not bear the required marking, label or placard, or is not accompanied by the required shipping paper or manifest, unless, in the case of a leak or spill of the waste and by way of affirmative defense, the carrier proves that he did not and could not know of the leak when he accepted the package for transport.
Last modified: February 26, 2006