N.Y. Environmental Conservation Law § 27-0305: Permits for waste transporters

§ 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.