NY Env Conserv L § 27-0305 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 3 - Waste Transporter Permits 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.