§ 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
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