Transportation requirements

(1) A person may not transport wastes in the state, including on highways, roads, rail, by air, or otherwise, without: (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.