Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-6 - Registration and insurance requirements for transporters of hazardous waste and used oil
Universal Citation: KS Admin Regs 28-31-6
Current through Register Vol. 43, No. 52, December 26, 2024
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. This regulation shall apply to the following:
(1) Each person that
transports hazardous waste and is subject to the requirements of K.A.R.
28-31-263a ; and
(2) each person
that transports used oil and is subject to the requirements of 40 CFR part 279,
subpart E.
(b) Registration. Each transporter shall register with the secretary according to the following requirements:
(1) The
transporter shall submit the registration application on forms provided by the
department.
(2) The transporter
shall obtain written acknowledgment from the secretary that registration is
complete before transporting hazardous waste or used oil within, into, out of,
or through Kansas.
(3) The
transporter shall carry a copy of the written acknowledgment in all vehicles
transporting hazardous waste or used oil and shall provide the written
acknowledgment for review upon request.
(4) The transporter shall update the
registration information if there is a change in that information. The
transporter shall submit these changes on forms provided by the department
within 60 days of the date of the change.
(c) Insurance requirements. Each transporter shall secure and maintain liability insurance on each of the transporter's vehicles transporting hazardous waste or used oil in Kansas.
(1) The limits of insurance shall not be less
than $1 million per person and $1 million per occurrence for bodily injury or
death and $1 million for all damage to the property of others. When combined
bodily injury or death and property damage coverage are provided, the total
limits shall not be less than $1 million.
(2) If any coverage is reduced or canceled,
the transporter shall notify the secretary in writing at least 35 days before
the effective date of the reduction or cancellation.
(3) The transporter shall, before the
expiration date of the insurance policy, provide the secretary with proof of
periodic renewal in the form of a certificate of insurance showing the monetary
coverage and the expiration date.
(d) Denial or suspension of registration.
(1) Any application may be denied and any
transporter's registration may be suspended if the secretary determines that
one or more of the following apply:
(A) The
transporter failed or continues to fail to comply with any of the following:
(i) Provisions of the air, water, or waste
statutes relating to environmental protection or to the protection of public
health or safety, including regulations issued by Kansas or by the federal
government; or
(ii) any condition
of any permit or order issued to the transporter by the secretary.
(B) Any state or territory or the
District of Columbia has found that the applicant or transporter has violated
that government's hazardous waste or used oil transporter laws or
regulations.
(C) One or more of the
following is a principal of another corporation that would not be eligible for
registration:
(i) The transporter;
(ii) a person who holds an interest in the
transporter;
(iii) a person who
exercises total or partial control of the transporter; or
(iv) a person who is a principal of the
parent corporation.
(2) Each notice of denial or suspension shall
be issued in writing by the secretary and shall inform the applicant or
transporter of the procedures for requesting a hearing pursuant to
K.S.A.
65-3456a and amendments thereto.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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