260.434. Proposed sites, hazardous waste facilities--department to examine transportation routes--department to examine local government's capability to respond to emergency--interagency agreement

Proposed sites, hazardous waste facilities--department to examinetransportation routes--department to examine local government'scapability to respond to emergency--interagency agreement.

260.434. 1. The department shall assess the transportationsystem serving a proposed site for a new hazardous waste resourcerecovery, treatment or disposal facility as a part of its reviewof the application for a permit. The department shall examinethe transportation route or routes to ensure that the design andmaintenance of such route or routes provides adequate safety forthe public using or living near the route or routes. Thedepartment may designate or prohibit specific routes, limit useof approved routes during certain time periods or impose otherreasonable restrictions upon the transportation of hazardouswaste to or from the facility.

2. The department shall review the capability of localgovernments near a proposed site to respond to an emergencyinvolving the transportation of hazardous waste or an emergencyat the hazardous waste resource recovery, treatment or disposalfacility when it reviews an application for a permit. Thedepartment shall reassess that capability whenever the operatorproposes recovering, treating or disposing of a hazardous wastewhich is substantially more toxic, corrosive, ignitable orreactive than those wastes approved under the current permit.The department may require the operator to provide supplementalemergency response capability to ensure public safety.

3. The department shall enter into an interagency agreementwith the department of transportation and the department ofpublic safety to permit the sharing of informationand to assign responsibility for performing the assessmentrequired in this section.

(L. 1988 S.B. 535 §§ 1, 2)