SAMPLE HIGH-LEVEL NUCLEAR WASTE ORDINANCE

AN ORDINANCE TO PROHIBIT THE TRANSPORTATION OF HIGH-LEVEL NUCLEAR WASTE WITHIN THE [CITY/COUNTY]

THE [CITY/COUNTY] COMMISSION OF THE [CITY OF GAINESVILLE/COUNTY OF ALACHUA] DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The [Municipal/County] Code of the [City of Gainesville/County of Alachua] is hereby amended by adding thereto a new chapter, designated as Chapter____, consisting of Sections ____ and ____, reading as follows:

______: For purposes of this Chapter, the following terms have the meanings ascribed

to them:

"High-level nuclear waste" means highly radioactive material:

(A) That results from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing, and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; or

(B) That the Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation.

"Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.

______: It is unlawful for any person to transport, within or through the corporate boundaries of the [City/County], any high-level nuclear waste for delivery to a repository for nuclear waste.

SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this ordinance or any part thereof, is for any reason held to be unconstitutional, or invalid or ineffective by any court or competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The [City Commission/County Commission] of the [the City of Gainesville/County of Alachua] hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 3: Whenever in this ordinance any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this ordinance the doing of any act is required or the failure to do any act is made or declared to be unlawful or an offense or a misdemeanor, the doing of such prohibited act or the failure to do any such required act shall constitute a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for a term of not more than six months, or by any combination of such fine and imprisonment. Any day of any violation of this ordinance shall constitute a separate offense.

SECTION 4: The ordinances or parts of ordinances or sections, subsections, phrases, sentences, clauses or paragraphs contained in the [Municipal/County] Code of the [City of Gainesville/County of Alachua], Florida, in conflict herewith are hereby repealed.

PASSED, ADOPTED and APPROVED this _____ day of ___________, 2002.

APPROVED:

By____________________