4901:2-9-07 Radioactive waste transportation fund.

(A) The commission shall administer a program to oversee shipments of radioactive materials that meet the definition of section 4163.07 of the Revised Code. Such a program shall include, but not be limited to, all of the following:

(1) Processing of applications and payments by motor carriers and railroads related to shipments of nuclear materials;

(2) Administration of the radioactive waste transportation fund;

(3) Radioactive materials dose survey, commercial vehicle inspection, and escort of shipments;

(4) Assessment of civil forfeitures for violations;

(5) Planning, monitoring, coordinating, educating, and training related to shipments of radioactive materials;

(6) Purchase and maintenance of monitoring and medical, safety equipment and supplies;

(7) Costs related to the administration of the program.

(B) To the extent the commission incurs expenses related to section 4163.07, 4905.801 or 4905.802 of the Revised Code, reimbursement shall be made to the commission for such activities from the radioactive waste transportation fund.

(C) To the extent a state agency or local government incurs expenses pursuant to section 4905.802 of the Revised Code, a state agency or local governmental entity may request, from the commission, reimbursement of such expenses as they relate to the transportation of radioactive materials subject to division (A)(1) of section 4163.07 of the Revised Code for the following purposes:

(1) Inspections, escorts, security, emergency management services, radiological surveys, and radiological dose surveys;

(2) Accident response;

(3) Planning, monitoring, coordinating, educating, and training of emergency response providers, law enforcement agencies, and other appropriate entities;

(4) Purchase and maintenance of monitoring, medical, safety or emergency response equipment and supplies;

(5) Administrative costs;

(6) Any other expenses deemed appropriate by the commission.

(D) A state or local government seeking reimbursement under paragraph (C) of this rule shall provide to the commission the following information:

(1) A list of items purchased containing the name of each item, description, vendor, price paid, date of purchase, reason for purchase, and its purpose;

(2) A detailed description of what the item will be used for;

(3) How often it is anticipated the item will be used;

(4) The source of all funds used to pay for the item;

(5) A justification of why the item was purchased;

(6) The total amount of the expense incurred, less the total amount reimbursed or eligible to be reimbursed under other state or federal programs.

(E) To the extent funds are available, an application(s) for reimbursement (AFR) under this rule shall be processed on an annual basis.

(1) An AFR will be solicited by staff of the commission prior to the end of each fiscal year;

(2) Staff of the commission shall review each AFR for completeness;

(3) The director of the transportation department shall make recommendations to the commission as to which AFR should be approved and the amount of the refund;

(4) The commission shall review all AFRs and make awards through an order of the commission based upon the merits of each request.

(F) To the extent an expense incurred has been reimbursed, is eligible to be reimbursed, or has been paid for through other state or federal funding sources, the total amount eligible to be reimbursed shall be the total amount of the expense incurred less the total amount reimbursed or eligible to be reimbursed from other sources.

Effective: 09/27/2010
R.C. 119.032 review dates: 09/27/2015
Promulgated Under: 111.15
Statutory Authority: 4905.802
Rule Amplifies: 4905.80