1997 Minnesota Statutes

     221.035 Hazardous waste transporter license. 

    Subdivision 1.    License requirements.  (a) A person 
 may not transport hazardous waste that is required to have a 
 manifest under Minnesota Rules, part 7045.0261, or is required 
 to have shipping papers under Minnesota Rules, part 7045.0125, 
 without a license issued under this section. 

    (b) If the applicant complies with the requirements of this 
 section, the commissioner shall issue the license and shall 
 issue a vehicle identification decal for each single unit 
 vehicle or trailer that the licensee will use to transport 
 hazardous waste.  The applicant shall pay a fee of $500 for a 
 three-year license and an annual fee of $25 for each vehicle 
 identification decal.  The license must be maintained at the 
 licensee's principal place of business.  The name and address of 
 the licensee must be displayed on both sides of each unit of the 
 vehicle.  The vehicle identification decal must be displayed on 
 the single unit vehicle or trailer to which it is assigned, as 
 prescribed by the commissioner, unless the vehicle carries a 
 trip permit under subdivision 1a.  The decal is effective only 
 when the license is effective.  The license must be renewed in 
 the third year following the date of the issuance of the 
 license.  The licensee must obtain new decals each year.  The 
 license may not be transferred to another person.  All decals 
 issued during the year expire each year on the anniversary date 
 of the issuance of the license.  

    (c) An applicant for a license under this section, who is 
 not otherwise subject to section 221.141, shall file a 
 certificate of insurance with the commissioner as provided in 
 section 221.141.  The certificate must state that the insurer 
 has issued to the applicant a policy that by endorsement 
 provides public liability insurance in the amount required by 
 Code of Federal Regulations, title 49, part 387. 

    (d) The commissioner may not issue a license to an 
 applicant or renew a license if the commissioner determines the 
 applicant's record of violations of federal and state motor 
 carrier safety and hazardous material, hazardous waste, and 
 hazardous substance requirements meets the standard for 
 suspension or revocation of a license under subdivision 3 or if 
 the applicant has an unsatisfactory or conditional safety rating 
 from the United States Department of Transportation. 

    (e) Before issuing or renewing a license, the commissioner 
 shall conduct a criminal record check of an applicant.  If the 
 applicant is a corporation, the commissioner may conduct a 
 criminal record check of the applicant's owners, officers, or 
 controlling agents.  The commissioner may also conduct a 
 criminal record check at any time while a person is licensed 
 under this section.  The criminal record check must consist of 
 an examination of the state criminal records repository for 
 violations of federal and state motor carrier safety and 
 hazardous material, hazardous waste, and hazardous substance 
 statutes, regulations, or rules.  The bureau of criminal 
 apprehension shall provide the commissioner, upon request, 
 conviction information it has about an applicant.  The 
 conviction information must include convictions for violations 
 of section 609.671 and, when available, similar statutes or 
 rules of other states.  An applicant's failure to cooperate with 
 the commissioner in conducting a criminal record check is 
 reasonable cause to deny an application or revoke a license.  
 The commissioner may not release the results of a criminal 
 record check to any person except the applicant. 

    Subd. 1a.    Trip permit requirements; fee.  A hazardous 
 waste trip permit valid for ten days from the date of issue may 
 be issued to a person licensed under subdivision 1 who also 
 complies with section 221.141.  The fee for a trip permit is $10.

    Subd. 2.    Operation requirements.  A vehicle operated 
 under a license issued under this section must be operated in 
 compliance with the rules adopted in section 221.0314:  (1) 
 subdivisions 2 to 5 for driver qualifications; (2) subdivision 6 
 for driving of motor vehicles; (3) subdivision 7 for parts and 
 accessories necessary for safe operation; (4) subdivision 10 for 
 inspection, repair, and maintenance; and (5) subdivision 9 for 
 hours of service of drivers. 

    Subd. 3.    License suspension and revocation.  (a) The 
 commissioner may after notice and opportunity for hearing under 
 chapter 14 suspend or revoke a license issued under this section 
 if the commissioner determines that a licensee's actions 
 constitute a serious or repeated violation of a statute or rule 
 governing the transportation of hazardous waste.  Factors to be 
 considered by the commissioner in determining whether to suspend 
 or revoke a license include: 

    (1) the danger of exposing the public to toxic or hazardous 
 substances; 

    (2) the condition of vehicles used by the licensee to 
 transport hazardous waste; and 

    (3) the history of past violations, including the 
 similarity of the most recent violation and the violation to be 
 penalized, the time elapsed since the last violation, the number 
 of previous violations, and the response of the person to the 
 most recent violation identified. 

    (b) The commissioner shall revoke by order, without a 
 hearing, the license of a licensee who fails to renew a license 
 or fails to maintain insurance as required by this section.  
 Revocation under this paragraph continues until the licensee 
 renews the license and provides the commissioner with proof of 
 insurance required under this section.  

    Subd. 4.    Rulemaking authority.  The commissioner 
 shall adopt rules to implement this section.  The commissioner 
 may adopt rules to require licensed transporters to report to 
 the commissioner. 

    HIST: 1987 c 393 art 1 s 1; 1989 c 318 s 10; 1992 c 578 s 
 35-37; 1993 c 117 s 24