(1) The shipping licensee shall notify the appropriate LLEA and the department within one hour of its determination that a shipment of Category 1 quantities of radioactive material is lost or missing. The appropriate LLEA would be the law enforcement agency in the area of the shipment's last confirmed location. During the investigation required by WAC
246-237-079(3), the shipping licensee will provide agreed upon updates to the department on the status of the investigation.
(2) The shipping licensee shall notify the department within four hours of its determination that a shipment of Category 2 quantities of radioactive material is lost or missing. If, after 24 hours of the determination that the shipment is lost or missing, the radioactive material has not been located and secured, the licensee shall immediately notify the department.
(3) The shipping licensee shall notify the designated LLEA along the shipment route as soon as possible upon discovery of any actual or attempted theft or diversion of a shipment or suspicious activities related to the theft or diversion of a shipment of a Category 1 quantity of radioactive material. As soon as possible after notifying the LLEA, the licensee shall notify the department upon discovery of any actual or attempted theft or diversion of a shipment, or any suspicious activity related to the shipment of Category 1 radioactive material.
(4) The shipping licensee shall notify the department as soon as possible upon discovery of any actual or attempted theft or diversion of a shipment, or any suspicious activity related to the shipment, of a Category 2 quantity of radioactive material.
(5) The shipping licensee shall notify the department and the LLEA as soon as possible upon recovery of any lost or missing Category 1 quantities of radioactive material.
(6) The shipping licensee shall notify the department as soon as possible upon recovery of any lost or missing Category 2 quantities of radioactive material.
(7) The initial telephonic notification required by subsections (1) through (4) of this section must be followed within a period of 30 days by a written report submitted to the department by an appropriate method. A written report is not required for notifications of suspicious activities required by subsections (3) and (4) of this section. In addition, the licensee shall provide a copy of the written report to the department. The report must set forth the following information:
(a) A description of the licensed material involved, including kind, quantity, chemical and physical form;
(b) A description of the circumstances under which the loss or theft occurred;
(c) A statement of disposition, or probable disposition, of the licensed material involved;
(d) Actions that have been taken, or will be taken, to recover the material; and
(e) Procedures or measures that have been, or will be, adopted to ensure against a recurrence of the loss or theft of licensed material.
(8) Subsequent to filing the written report, the licensee shall also report any additional substantive information about the loss or theft to the department within 30 days after the licensee learns of such information.
[Statutory Authority: RCW
70A.388.040 and
70A.388.110. WSR 23-21-056, § 246-237-081, filed 10/11/23, effective 11/11/23. Statutory Authority: RCW
70.98.050 and
70.98.110. WSR 16-13-079, § 246-237-081, filed 6/14/16, effective 7/15/16.]