RE: Baltimore Tunnel Incident Comment

[Paul Lavely <lavelyp@UCLINK4.BERKELEY.EDU>]

Title: RE: Baltimore Tunnel Incident Comment

David,

I can not comment on what was done by the Navy at Mare Island or why.

You wrote that the intent of the Berkeley Nuclear Free Ordinance was to establish a 'no radioactives' zone." We have not found that be true.

There are several good law review articles on Nuclear Free Zones and these include:

55 UCHILR 965 University of Chicago Law Review, The Legality of Nuclear Free Zones.

79 CALR 1169 California Law Review, State Sovereignty and Nuclear Free Zones.

8 DUKEJCIL 29 Duke Journal of Comparative and International Law, Nuclear Weapons Free Zones: Time for a Fresh Look

Paul Lavely <lavelyp@uclink4.berkeley.edu>

I have read the Berkeley ordinance many times and I offer the following quotes from the ordinance. Note - There is NO restriction in the ordinance related to medical, academic, or research uses of radioactive materials (other than as relates to nuclear weapons).

The following sections are from the Berkeley Nuclear Free Zone ordinance.

Section 12.90.020 Purpose.

The purpose of this act is to make Berkeley nuclear-free; that is:

A.    To oppose the arms race by prohibiting work for nuclear weapons;

B.    To begin a peace conversion plan;

C.    To establish a citizen's right to know about nuclear weapons work;

D.    To minimize City contracts with and investments in the nuclear weapons industry;

E.    To prohibit nuclear reactors;

F.    To prohibit food irradiation plants;

G.    To require labelling of irradiated food sold in Berkeley; and,

H.    To oppose the nuclear fuel cycle as a whole. (Ord. 5784-NS § 2, 1986)

Section 12.90.100 Transportation.

                           Any transportation of nuclear weapons, the fissionable components of nuclear weapons, enriched uranium, plutonium or high-level radioactive waste is, in the interest of the public safety, subject to the following restrictions:

                           A.    In each situation, the City of Berkeley shall determine the safest reasonable routes and means of transport for the movement of any of the above-listed materials. Before approving such determination, the City Council shall convene at least one public hearing with adequate notice being  given so as to ensure maximum public participation in the hearings. Following selection and approval of the route and means, full public notice shall  be given as to this information and as to the additional restrictions of this section.

                           B.    Each vehicle involved in such transportation shall have signs clearly visible for fifty feet in each direction warning "Transportation of Nuclear Materials."

                           C.    Prior to each instance of shipment of such materials, adequate public notice shall be given. Particular attention shall be paid to giving notice directly adjacent to the route of transport. (Ord. 5784-NS § 10, 1986)

Section 12.90.080 Community right to know.

So long as any work for nuclear weapons continues within the City of Berkeley, the following monitoring of such activities shall be carried out by the City through such agencies as the City Council shall designate:

                           A.    Annual reporting: Each person, corporation, university, laboratory, institution or other entity engaged in work for nuclear weapons (hereinafter designated as "nuclear weapons agent") shall prepare an annual report which names the weapon, weapons systems or weapon component it works on and states the reasons for continuation of such work: these reports shall be filed with the designated City agency and shall  also be made available for inspection and copying by any interested member of the public.

                           B.    Information: The City may call upon any nuclear weapons agent to provide further information as needed to keep the community adequately informed about the work for nuclear weapons.

                           C.    Signs: Every facility within the City of Berkeley engaged in work for nuclear weapons shall be required to install and maintain signs, clearly  visible to any passing person, identifying the facility with the legend "NUCLEAR WEAPONS WORK CONDUCTED HERE."

                           D.    Fee: Each nuclear weapons agent shall be assessed a fee at rates determined by the City which shall be at least adequate to cover, in the aggregate, the costs of administering this act.

                           E.    Education: The City, through its own agencies and in cooperation with other local governmental agencies and educational organizations and interested citizen groups, shall assist and promote educational activities including but not limited to curriculum in all public schools and adult education programs, to advance public awareness and understanding of work for nuclear weapons and related matters as addressed in this act. (Ord. 5784-NS § 8, 1986)