Section 27-0305. Permits for waste transporters

1.  Except as otherwise exempted by this title, no person shall engage
  in the transportation of regulated waste originating or terminating at a
  location in this state without a permit pursuant  to  this  section.  In
  addition,  no  person  shall  engage  in the transportation of low-level
  radioactive waste into, within or through this state  without  a  permit
  pursuant to this section.
    2.  (a)  The  commissioner  may, by regulation, exempt from the permit
  requirements of this title persons engaged in the transportation of:
    (1) types of wastes which do not constitute a hazard to  human  health
  and the environment;
    (2) small quantities of waste; or
    (3) wastes transported by rail, water and air carriers.
    (b)  The  commissioner may also exempt from the permit requirements of
  this  title  persons  engaged  in  the   transportation   of   low-level
  radioactive  waste  only  upon  a showing by such person that compliance
  with such requirements would create  a  hardship  on  his  own  business
  activities and upon a determination that, based upon the characteristics
  including  half  life,  concentration,  activity,  and  toxicity  of the
  specific low-level radioactive waste transported, such transport imposes
  no potential significant adverse impact  on  public  health,  safety  or
  welfare,  the  environment,  or  natural  resources as determined by the
  department  in  consultation  with  the  department   of   health.   The
  commissioner  shall promulgate guidelines for the purpose of determining
  the circumstances under which such exemption may be granted. Any  person
  granted  such an exemption must comply with such conditions as specified
  by the commissioner. Such exemption shall be  reviewed  periodically  as
  specified  by  the  commissioner  but at least once every two years. Any
  exemption  granted  hereunder  may  be  revoked  after  due  notice  and
  opportunity  for  hearing for a violation of any provision of this title
  or  other  applicable  laws,  rules  or  regulations  relating  to   the
  transportation  of  regulated wastes or upon a showing that the exempted
  person no longer meets the requisite guidelines for exemption.
    3. A generator of a waste may obtain a permit pursuant to  this  title
  to  transport  his  own  waste or if he contracts with another person to
  remove, transport or dispose of regulated wastes. If a generator obtains
  such a permit, a  person  engaged  in  the  removal,  transportation  or
  disposal  of his waste shall not be required to obtain a permit pursuant
  to this title for the transportation of such wastes.
    4. The department shall make rules and regulations  implementing  this
  section   promulgated   in  accordance  with  the  state  administrative
  procedure act in order to carry out and enforce the intent and  purposes
  thereof.  Such rules and regulations and the provisions of article 70 of
  this chapter and rules and regulations adopted thereunder  shall  govern
  permit   applications,   permit   conditions,  renewals,  modifications,
  suspensions and revocations under this section. The department shall, in
  promulgating any new or  revised  rule  or  regulation,  accompany  such
  rulemaking   with   an  environmental  impact  statement  or  a  written
  assessment stating the  extent  to  or  means  by  which  such  rule  or
  regulation  will  carry  out the intent and purpose of this section. The
  responsibility  for  the  issuance  and  review  of  permits   and   the
  enforcement  of  the  provisions  of  this  section  may be delegated to
  regional, district or county offices of the state department of  health,
  or to local health departments where their jurisdiction may apply.
    5.  Applications  filed  pursuant  to  this section shall indicate the
  mechanical and other equipment, holding tanks and vehicles and any place
  of temporary storage used or to be used by the applicant and  the  place
  or  places  where  and  the  manner  in which the applicant will finally

  dispose of the regulated wastes,  and  such  other  information  as  the
  department  deems  necessary.  If  the  department  determines  that the
  proposed method of transportation, the place  or  manner  in  which  the
  waste  product  is to be treated, stored or disposed of or the method or
  location of temporary storage will be detrimental  to  or  substantially
  damage  or pollute the environment or natural resources of the state, it
  may deny the permit  or  may  impose  such  permit  conditions  as  will
  adequately protect against unreasonable defilement or degradation of the
  natural resources of the state.
    6.  As  a  condition for the permit the department shall require every
  vehicle operated by  the  transporter  to  be  conspicuously  marked  or
  placarded to identify, in a manner consistent with section fourteen-f of
  the  transportation  law  and  any  rules  and  regulations  promulgated
  thereunder and any related federal  requirements,  the  regulated  waste
  transported  or its principal hazard. Further, any such vehicle shall be
  conspicuously marked or placarded in a like manner with the  full  name,
  including  the full first name or legally registered trade name or names
  of the transporter and the number of the waste transporter permit issued
  pursuant to this  section;  provided,  however,  that  such  marking  or
  placarding  for  any  vehicle  transporting  low-level radioactive waste
  shall be consistent with federal rules and regulations. The commissioner
  may, by rules and regulations prescribe with  respect  to  any  specific
  regulated waste the minimum quantities below which no marking or placard
  is  required,  consistent  with section fourteen-f of the transportation
  law and any rules and regulations promulgated thereunder.
    7. As a condition for  the  permit  or  the  exemption  therefrom  the
  department   shall  require  the  transporter,  except  transporters  of
  hazardous waste subject to manifesting under  section  27-0905  of  this
  article,  to  make  an  annual  report to the department, indicating the
  number and type of installations emptied  or  cleaned,  the  volume  and
  nature  of waste products disposed of, and the place and manner in which
  such waste products were finally disposed, and such other information as
  the department may require.
    8. Such permit shall be renewed annually. The fees for such permit  or
  renewal shall be those established by regulation promulgated pursuant to
  article  70  of  this chapter. A renewal may be denied by the department
  for  failure  of  the  applicant  to  properly  report  as  provided  in
  subdivision 7 of this section.
    9. The department may suspend or revoke any permit upon proof that the
  permittee has been found guilty of a misdemeanor in the violation of the
  provisions  of  this  section  as provided in section 71-1503, or if the
  department determines that the permittee has violated the provisions  of
  this section, the rules and regulations implementing it or the rules and
  regulations adopted to implement article 70 of this chapter.
    10.  The  department  is  authorized  and  directed to adopt rules and
  regulations with respect to the institution of  a  system  of  manifests
  associated  with  the  transportation  of  low-level radioactive wastes,
  consistent with requirements of the  United  States  nuclear  regulatory
  commission,  and  in  furtherance of the agreement between the state and
  the nuclear regulatory commission dated July  fourth,  nineteen  hundred
  sixty-two.  Such  rules and regulations shall provide that a copy of the
  manifest shall be returned to the department.
    11. The department shall issue a report based  upon  information  made
  available to the department pursuant to this section, on an annual basis
  to  the  governor, the temporary president of the senate and the speaker
  of the assembly. Such report shall include, but not be limited  to,  the
  number,  origin  and  destination of truckloads of low-level radioactive
  waste leaving or entering the  state  for  disposal  and  the  types  of

  low-level  radioactive  waste  being transported into, through or within
  this state and the frequency of such movement.
    12.  No person shall engage in the transportation of regulated medical
  waste originating or terminating at a location within the state  without
  a  permit pursuant to the provisions of title 15 of this article, unless
  otherwise exempted therein.