§ 27-0305 — Permits for waste transporters

§ 27-0305. Permits for waste transporters.\n 1. Except as otherwise exempted by this title, no person shall engage\nin the transportation of regulated waste originating or terminating at a\nlocation in this state without a permit pursuant to this section. In\naddition, no person shall engage in the transportation of low-level\nradioactive waste into, within or through this state without a permit\npursuant to this section.\n 2. (a) The commissioner may, by regulation, exempt from the permit\nrequirements of this title persons engaged in the transportation of:\n (1) types of wastes which do not constitute a hazard to human health\nand the environment;\n (2) small quantities of waste; or\n (3) wastes transported by rail, water and air carriers.\n (b) The commissioner may also exempt from the permit requirements of\nthis title persons engaged in the transportation of low-level\nradioactive waste only upon a showing by such person that compliance\nwith such requirements would create a hardship on his own business\nactivities and upon a determination that, based upon the characteristics\nincluding half life, concentration, activity, and toxicity of the\nspecific low-level radioactive waste transported, such transport imposes\nno potential significant adverse impact on public health, safety or\nwelfare, the environment, or natural resources as determined by the\ndepartment in consultation with the department of health. The\ncommissioner shall promulgate guidelines for the purpose of determining\nthe circumstances under which such exemption may be granted. Any person\ngranted such an exemption must comply with such conditions as specified\nby the commissioner. Such exemption shall be reviewed periodically as\nspecified by the commissioner but at least once every two years. Any\nexemption granted hereunder may be revoked after due notice and\nopportunity for hearing for a violation of any provision of this title\nor other applicable laws, rules or regulations relating to the\ntransportation of regulated wastes or upon a showing that the exempted\nperson no longer meets the requisite guidelines for exemption.\n 3. A generator of a waste may obtain a permit pursuant to this title\nto transport his own waste or if he contracts with another person to\nremove, transport or dispose of regulated wastes. If a generator obtains\nsuch a permit, a person engaged in the removal, transportation or\ndisposal of his waste shall not be required to obtain a permit pursuant\nto this title for the transportation of such wastes.\n 4. The department shall make rules and regulations implementing this\nsection promulgated in accordance with the state administrative\nprocedure act in order to carry out and enforce the intent and purposes\nthereof. Such rules and regulations and the provisions of article 70 of\nthis chapter and rules and regulations adopted thereunder shall govern\npermit applications, permit conditions, renewals, modifications,\nsuspensions and revocations under this section. The department shall, in\npromulgating any new or revised rule or regulation, accompany such\nrulemaking with an environmental impact statement or a written\nassessment stating the extent to or means by which such rule or\nregulation will carry out the intent and purpose of this section. The\nresponsibility for the issuance and review of permits and the\nenforcement of the provisions of this section may be delegated to\nregional, district or county offices of the state department of health,\nor to local health departments where their jurisdiction may apply.\n 5. Applications filed pursuant to this section shall indicate the\nmechanical and other equipment, holding tanks and vehicles and any place\nof temporary storage used or to be used by the applicant and the place\nor places where and the manner in which the applicant will finally\ndispose of the regulated wastes, and such other information as the\ndepartment deems necessary. If the department determines that the\nproposed method of transportation, the place or manner in which the\nwaste product is to be treated, stored or disposed of or the method or\nlocation of temporary storage will be detrimental to or substantially\ndamage or pollute the environment or natural resources of the state, it\nmay deny the permit or may impose such permit conditions as will\nadequately protect against unreasonable defilement or degradation of the\nnatural resources of the state.\n 6. As a condition for the permit the department shall require every\nvehicle operated by the transporter to be conspicuously marked or\nplacarded to identify, in a manner consistent with section fourteen-f of\nthe transportation law and any rules and regulations promulgated\nthereunder and any related federal requirements, the regulated waste\ntransported or its principal hazard. Further, any such vehicle shall be\nconspicuously marked or placarded in a like manner with the full name,\nincluding the full first name or legally registered trade name or names\nof the transporter and the number of the waste transporter permit issued\npursuant to this section; provided, however, that such marking or\nplacarding for any vehicle transporting low-level radioactive waste\nshall be consistent with federal rules and regulations. The commissioner\nmay, by rules and regulations prescribe with respect to any specific\nregulated waste the minimum quantities below which no marking or placard\nis required, consistent with section fourteen-f of the transportation\nlaw and any rules and regulations promulgated thereunder.\n 7. As a condition for the permit or the exemption therefrom the\ndepartment shall require the transporter, except transporters of\nhazardous waste subject to manifesting under section 27-0905 of this\narticle, to make an annual report to the department, indicating the\nnumber and type of installations emptied or cleaned, the volume and\nnature of waste products disposed of, and the place and manner in which\nsuch waste products were finally disposed, and such other information as\nthe department may require.\n 8. Such permit shall be renewed annually. The fees for such permit or\nrenewal shall be those established by regulation promulgated pursuant to\narticle 70 of this chapter. A renewal may be denied by the department\nfor failure of the applicant to properly report as provided in\nsubdivision 7 of this section.\n 9. The department may suspend or revoke any permit upon proof that the\npermittee has been found guilty of a misdemeanor in the violation of the\nprovisions of this section as provided in section 71-1503, or if the\ndepartment determines that the permittee has violated the provisions of\nthis section, the rules and regulations implementing it or the rules and\nregulations adopted to implement article 70 of this chapter.\n 10. The department is authorized and directed to adopt rules and\nregulations with respect to the institution of a system of manifests\nassociated with the transportation of low-level radioactive wastes,\nconsistent with requirements of the United States nuclear regulatory\ncommission, and in furtherance of the agreement between the state and\nthe nuclear regulatory commission dated July fourth, nineteen hundred\nsixty-two. Such rules and regulations shall provide that a copy of the\nmanifest shall be returned to the department.\n 11. The department shall issue a report based upon information made\navailable to the department pursuant to this section, on an annual basis\nto the governor, the temporary president of the senate and the speaker\nof the assembly. Such report shall include, but not be limited to, the\nnumber, origin and destination of truckloads of low-level radioactive\nwaste leaving or entering the state for disposal and the types of\nlow-level radioactive waste being transported into, through or within\nthis state and the frequency of such movement.\n 12. No person shall engage in the transportation of regulated medical\nwaste originating or terminating at a location within the state without\na permit pursuant to the provisions of title 15 of this article, unless\notherwise exempted therein.\n