§ 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.