Kan. Admin. Regs. § 28-31-263a - Transporters of hazardous waste; additional state requirements
Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279.
(a) Applicability. Each person that
transports hazardous waste within, into, out of, or through Kansas shall comply
with this regulation, except Kansas small quantity generators (KSQGs) and
conditionally exempt small quantity generators (CESQGs) that meet the following
conditions:
(1) The generator is transporting
the generator's own hazardous waste to a household hazardous waste (HHW)
facility that meets one of the following conditions:
(A) If the generator is a KSQG, the HHW
facility is permitted to accept KSQG waste.
(B) If the generator is a CESQG, the HHW
facility is permitted to accept CESQG waste.
(2) The generator obtains a receipt for each
load of hazardous waste delivered to the HHW facility.
(3) The generator keeps a copy of each
receipt for a minimum of three years after the date of delivery.
(b) Registration and insurance.
Each transporter of hazardous waste shall comply with the requirements of
K.A.R. 28-31-6.
(c) Transportation
restrictions. Each transporter shall transport hazardous waste only for
hazardous waste generators and facilities that are in compliance with the
requirement to obtain an EPA identification number for the state in which the
generator or facility is located.
(d) Routing restrictions.
(1) Each transporter of hazardous waste shall
ensure that each vehicle containing hazardous waste is operated over a
preferred route that minimizes risk to public health and safety and the
environment. To select a preferred route, the transporter shall consider the
following information, if available:
(A)
Accident rates;
(B) the transit
time;
(C) population density and
activities; and
(D) the day of the
week and the time of day during which transportation will occur.
(2) Each transporter shall confine
the transportation of hazardous wastes to preferred routes. Unless notice to
the contrary is published in the Kansas register, all portions of the major
highway system may be used. For the purposes of this subsection, the major
highway system shall be considered to be all interstate routes, U.S. highways,
state highways, and temporary detours designated by the Kansas department of
transportation. An interstate system bypass or beltway around a city shall be
used when available.
(3) Any
transporter of hazardous waste may deviate from a preferred route under any of
the following circumstances:
(A) Emergency
conditions that make continued use of the preferred route unsafe;
(B) rest, fuel, and vehicle repair stops;
or
(C) deviations that are
necessary to pick up, deliver, or transfer hazardous wastes.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.