| (1) |
A person may not transport wastes in the state, including on highways, roads, rail, by air, or otherwise, without:
Terms Used In Utah Code 19-3-315- Contract: A legal written agreement that becomes binding when signed.
- Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Storage facility: means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal. See Utah Code 19-3-303
- wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303
| (a) |
having received approval from the state Department of Transportation; and |
| (b) |
having demonstrated compliance with rules of the state Department of Transportation. |
|
| (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 of waste, consistent with the requirements and limitations of federal law. |
|
| (3) |
The Department of Environmental Quality shall establish any other transportation rules 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 a right of way for any carrier transportation system that:
| (a) |
is not a class I common or contract rail carrier organized and doing business prior to January 1, 1999; and |
| (b) |
transports high level nuclear waste or greater than class C radioactive waste to a storage facility within the state. |
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Amended by Chapter 183, 2009 General Session
