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38.9.104    RESPONSIBILITIES OF OWNER, ORIGINATING SHIPPER, AND TRANSPORTER

(1) The responsibilities of the owner and originating shipper (if not the owner) are as provided in 10-3-1305 and 10-3-1306 , MCA. The responsibilities include elements such as notification, accompanied by information and proofs prescribed, to the disaster and emergency services division, department of transportation, and the transporter. In addition to the information prescribed within 10-3-1305 , MCA, the owner and originating shipper (if not the owner) shall provide:

(a) the identity (name, address, telephone number, contact person) of the transporter;

(b) the identity (name, address, telephone number, contact person) of the entity responsible for payment of fees; and

(c) a certification that the disaster and emergency services division, department of transportation, and the transporter have been properly notified and provided all required information.

(2) The owner and originating shipper (if not the owner) shall personally verify that notification and the required information have actually been received by the disaster and emergency services division, department of transportation, and the transporter, prior to transportation of radioactive waste within or through Montana.

(3) In addition to the requirements of the act and these rules, the owner, originating shipper (if not the owner) , and the transporter shall be fully compliant with all other applicable state and federal motor carrier and rail regulations, including providing of notifications, payment of fees, and securing of permits, prior to transportation of radioactive waste within or through Montana.

History: 10-3-1309, MCA; IMP, 10-3-1305, 10-3-1306 and 10-3-1309, MCA; NEW, 2004 MAR p. 1628, Eff. 7/23/04.

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