19-3-315 - Transportation requirements.
19-3-315. Transportation requirements.
(1) A person may not transport wastes in the state, including on highways, roads, rail, byair, or otherwise, without:
(a) having received approval from the state Department of Transportation; and
(b) having demonstrated compliance with rules of the state Department ofTransportation.
(2) The Department of Transportation may:
(a) make rules requiring a transport and route approval permit, weight restrictions,tracking systems, and state escort; and
(b) assess appropriate fees as established under Section 63J-1-504 for each shipment ofwaste, consistent with the requirements and limitations of federal law.
(3) The Department of Environmental Quality shall establish any other transportationrules as necessary to protect the public health, safety, and environment.
(4) Unless expressly authorized by the governor, with the concurrence of the Legislature,an easement or other interest in property may not be granted upon any lands within the state for aright of way for any carrier transportation system that:
(a) is not a class I common or contract rail carrier organized and doing business prior toJanuary 1, 1999; and
(b) transports high level nuclear waste or greater than class C radioactive waste to astorage facility within the state.
Amended by Chapter 183, 2009 General Session