reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 401.232 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.232. Evaluation of Applications; Commission Selection

Sec. 401.232.  EVALUATION OF APPLICATIONS;  COMMISSION SELECTION.  (a)  The commission shall have prepared by commission personnel or an independent contractor a written evaluation of each administratively complete application in terms of the criteria established under Sections 401.233-401.236.(b)  The commission shall conduct at least one public meeting in the county or counties where a compact waste disposal facility or federal facility waste disposal facility is to be located to receive public comments on the administratively complete applications.  The commission shall set the time and place of the meetings as soon as practicable after the close of the period for administrative review of the applications.(c)  The commission may issue a request for further information to each applicant whose application is determined by the commission to be insufficient for the purposes of the commission's evaluation.(d)  The commission shall provide an applicant for whom a request for further information is issued two 30-day opportunities to adequately respond in the discretion of the commission.(e)  The commission shall use the written evaluations and application materials to evaluate each application according to the statutory criteria established by Sections 401.233-401.236.  The commission shall evaluate each application for each statutory criterion for purposes of comparing the relative merit of the applications, giving:(1)  equal weight to each criterion within a tier of criteria;  and(2)  the greatest weight to tier 1 criteria, greater weight to tier 2 criteria than to tier 3 criteria, and the least weight to tier 4 criteria.(f)  Before publication of the notice of the commission's intention to accept applications under Section 401.228, the commission by rule may adopt criteria in addition to the criteria under Sections 401.233-401.236 by which the commission may evaluate applications.  The criteria must be consistent with those sections.(g)  Not later than the 270th day after it receives the last timely filed application, the commission, based on the written evaluations and application materials, shall select the application that has the highest comparative merit.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.234 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.234. Tier 2 Criteria

Sec. 401.234.  TIER 2 CRITERIA.  The commission shall consider as tier 2 criteria:(1)  the suitability of facilities at the site that are associated with proposed activities and the adequacy of their engineering and design;  and(2)  the suitability of the proposed disposal facility or facilities for the chemical, radiological, and biological characteristics of the low-level radioactive waste as classified under the system established under Section 401.053.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.235 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.235. Tier 3 Criteria

Sec. 401.235.  TIER 3 CRITERIA.  The commission shall consider as tier 3 criteria the applicant's:(1)  technical qualifications to receive, store, process, and dispose of low-level radioactive waste;(2)  experience in management and disposal of low-level radioactive waste and other radioactive materials;(3)  previous operating practices in this state and elsewhere, including the practices of a parent, subsidiary, or affiliated entity of the applicant, related to radioactive materials;(4)  record of compliance with environmental statutes, rules, and licenses in this state and in any other jurisdiction, including the records of a parent or subsidiary of the applicant, subject to Section 401.243;(5)  training programs proposed for its employees whose duties relate to the proposed disposal facility site and activities;(6)  monitoring, recordkeeping, and reporting plans;(7)  low-level radioactive waste spill detection and cleanup plans for the proposed disposal facility site and activities;(8)  decommissioning and postclosure plans;(9)  security plans;(10)  monitoring and protection plans for workers;(11)  emergency plans;(12)  plans for background monitoring during the license period, including analysis of the ambient conditions of the disposal facility site and analysis of established trends of the disposal facility site's natural parameters, including:(A)  natural background radioactivity levels;(B)  radon gas levels;(C)  air particulate levels;(D)  soil characteristics, including chemical characteristics;(E)  surface water and groundwater characteristics;  and(F)  flora and fauna at the site;  and(13)  ability to adequately manage the proposed disposal facility or facilities and activities for the term of the license.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.236 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.236. Tier 4 Criteria

Sec. 401.236.  TIER 4 CRITERIA.  The commission shall consider as tier 4 criteria:(1)  the compatibility of uses of land near the proposed disposal facility site that could be affected by the construction and operation of the disposal facility or facilities;  and(2)  possible socioeconomic effects on communities in the host county of:(A)  the proposed disposal facility or facilities;(B)  the operation of the proposed disposal facility or facilities;  and(C)  related transportation of low-level radioactive waste to the disposal facility or facilities.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.237 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.237. Technical Review

Sec. 401.237.  TECHNICAL REVIEW.  (a)  Immediately on the commission's selection of the application that has the highest comparative merit in accordance with Section 401.232, the commission shall begin a technical review of the selected application.(b)  The commission shall complete the technical review and prepare a draft license not later than the 15th month after the month in which the technical review begins.(c)  The commission shall give priority to the review of the selected application over all other radioactive materials and waste licensing and registration matters pending before the commission, except those the executive director of the commission determines necessary to avert or address a health and safety emergency.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.238 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.238. Notice of Draft License and Opportunity for Hearing

Sec. 401.238.  NOTICE OF DRAFT LICENSE AND OPPORTUNITY FOR HEARING.  On completion of the technical review of the selected application and preparation of the draft license, the commission shall publish, at the applicant's expense, notice of the draft license and specify the requirements for requesting a contested case hearing by a person affected.  The notice shall include a statement that the draft license is available for review on the commission's website and that the draft license and the application materials are available for review at the offices of the commission and in the county or counties in which the proposed disposal facility site is located.  Notice shall be published in the Texas Register and in a newspaper of general circulation in each county in which the proposed disposal facility site is located.  The applicant shall mail the notice by certified mail to each person who owns land adjacent to the proposed disposal facility site.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.239 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.239. Contested Case; Final Action on Application

Sec. 401.239.  CONTESTED CASE;  FINAL ACTION ON APPLICATION.  (a)  An administrative law judge of the State Office of Administrative Hearings shall conduct a contested case hearing on the application and draft license if the applicant or a person affected requests a hearing.(b)  The administrative law judge may not admit as a party to the contested case hearing a person other than the applicant, the executive director of the commission, or a person affected.(c)  The administrative law judge shall issue a proposal for decision not later than the first anniversary of the publication date of the notice of draft license published under Section 401.238.(d)  The commission shall take final action on the proposal for decision of the administrative law judge not later than the 90th day after the date the proposal is issued.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.240 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.240. Judicial Review

Sec. 401.240.  JUDICIAL REVIEW.  (a)  Notwithstanding any other law, a person affected by an action of the commission under this subchapter may file a petition for judicial review of the action only after the commission takes final action on a license application under Section 401.239(d).  A petition must be filed not later than the 30th day after the date of the final action.(b)  In its review of an action under this subchapter, a court may not substitute its judgment for the judgment of the commission on the weight of the evidence the commission considered, but:(1)  may affirm the action in whole or in part;  and(2)  shall reverse or remand the case for further proceedings if substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions:(A)  are in violation of a constitutional or statutory provision;(B)  are in excess of the commission's statutory authority;(C)  are made through unlawful procedure;(D)  are affected by other error of law;(E)  are not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole;  or(F)  are arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.241 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.241. Security

Sec. 401.241.  SECURITY.  (a)  In determining the amount of security required of a compact waste disposal facility license holder under Section 401.109, the commission shall also consider the need for financial security to address and prevent unplanned events that pose a risk to public health and safety and that may occur after the decommissioning and closure of the compact waste disposal facility or a federal facility waste disposal facility licensed under Section 401.216.(b)  The amount of security required of a license holder under this section may not be less than $20 million at the time the disposal facility site is decommissioned.  The commission shall use interest earned on the security to offset any other financial obligations incurred by the license holder to the commission.  The commission shall establish a schedule for the total payment of the amount of the security required under this section based on:(1)  the amount of low-level radioactive waste received at the site;(2)  the long-term risk to health, safety, and the environment posed by the waste;  and(3)  the need to address and prevent unplanned events that pose a risk to public health and safety.(c)  The payment schedule required under this section must be sufficient to ensure that the amount of security provided by the license holder at any time between the issuance of the license and the time at which the facility is decommissioned is sufficient to:(1)  address any increase in the risk to public health and safety that accompanies an increase in the volume of waste accepted by the license holder;  and(2)  meet the requirements of the commission for addressing unplanned events that may occur after the site has been closed.(d)  The commission may require a license holder under this subchapter to provide security in the forms listed under Section 401.109(d).|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.242 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.242. Acceptance of Waste

Sec. 401.242.  ACCEPTANCE OF WASTE.  (a)  The commission shall require the compact waste disposal facility license holder to follow, as closely as is possible, the schedule submitted to the commission under Section 401.231.  If the compact waste disposal facility license holder holds a permit to process, store, or dispose of hazardous waste under Chapter 361, the license holder may accept hazardous waste according to the schedule under Section 401.231 before the compact waste disposal facility begins operation.(b)  If the commission finds that the compact waste disposal facility license holder has violated this chapter or any commission rule in a manner that may endanger public health or safety, the commission may prohibit the license holder from accepting low-level radioactive waste at either the compact waste disposal facility or the federal facility waste disposal facility until the commission finds that the license holder is in compliance with the statute or rule found to be violated.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.243 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.243. Compliance History

Sec. 401.243.  COMPLIANCE HISTORY.  After an opportunity for a hearing, the commission shall deny an application for a license under this subchapter or an amendment or renewal for a license under this subchapter if the applicant's compliance history reveals a recurring pattern of conduct that demonstrates a consistent disregard for the regulatory process through a history of violations of this chapter or the commission's rules under this chapter.|Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.244 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.244. Host County Public Projects

Sec. 401.244.  HOST COUNTY PUBLIC PROJECTS.  (a)  The compact waste disposal facility license holder each quarter shall transfer to the commissioners court of the host county five percent of the gross receipts from:(1)  compact waste received at the compact waste disposal facility;  and(2)  any federal facility waste received at a federal facility waste disposal facility licensed under Section 401.216.(b)  The commissioners court of the host county may:(1)  spend the money for public projects in the host county;  or(2)  disburse the money to other local entities or to public nonprofit corporations to be spent for local public projects.(c)  Money received from the compact waste disposal facility license holder under this section may be spent only for public projects in the host county that are for the use and benefit of the public at large. (d)  Money received by the commissioners court of the host county under this section is not a loan or grant-in-aid subject to review by a regional planning commission under Chapter 391, Local Government Code. |Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 878, Sec. 16, eff. June 18, 1993;  Acts 1999, 76th Leg., ch. 1367, Sec. 32, eff. Sept. 1, 1999.  Renumbered from Health and Safety Code Sec. 402.252 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 8, eff. Sept. 1, 2003.|
TX Health & Safety Code § 401.2445 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.2445. State Fee

Sec. 401.2445.  STATE FEE.  The compact waste disposal facility license holder each quarter shall transfer to the state general revenue fund five percent of the gross receipts from:(1)  compact waste received at the compact waste disposal facility;  and(2)  any federal facility waste received at a federal facility waste disposal facility licensed under Section 401.216.|Added by Acts 2017, 85th Leg., R.S., Ch. 790 (H.B. 2662), Sec. 3(b), eff. September 1, 2019.|
TX Health & Safety Code § 401.245 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.245. Party State Compact Waste Disposal Fees

Sec. 401.245.  PARTY STATE COMPACT WASTE DISPOSAL FEES.  (a)  A compact waste disposal facility license holder who receives party state compact waste for disposal pursuant to the compact shall have collected a waste disposal fee to be paid by each person who delivers party state compact waste to the compact waste disposal facility for disposal.(b)  The commission by rule shall adopt and periodically revise party state compact waste disposal fees under this section according to a schedule that is based on the projected annual volume of low-level radioactive waste received, the relative hazard presented by each type of low-level radioactive waste that is generated by the users of radioactive materials, and the costs identified in Section 401.246.(c)  In determining relative hazard, the commission shall consider the radioactive, physical, and chemical properties of each type of low-level radioactive waste.(d)  Rules adopted under this section may include provisions establishing:(1)  classification of customers and services;  and(2)  applicability of fees.(e)  Fees adopted under this section must be consistent with the criteria listed under Section 401.246.(f)  A rule or order adopted by the commission under this section may not conflict with a ruling of a federal regulatory body.(g)  For the purposes of a contested case involving the adoption of fees under this section, only a party state generator of low-level radioactive waste may be considered a person affected.(h)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1159, Sec. 13(1), eff. September 1, 2013.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 5.01, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 878, Sec. 17, eff. June 18, 1993;  Acts 1999, 76th Leg., ch. 1367, Sec. 33, eff. Sept. 1, 1999.  Renumbered from Health and Safety Code Sec. 402.272 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 11, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 4, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 5, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 13(1), eff. September 1, 2013.|
TX Health & Safety Code § 401.2455 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle D - Nuclear and Radioactive Materials|Chapter 401 - Radioactive Materials and Other Sources of Radiation|Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal|Section 401.2455. Interim Party State Compact Waste Disposal Fees

Sec. 401.2455.  INTERIM PARTY STATE COMPACT WASTE DISPOSAL FEES.  (a)  The commission's executive director may establish interim party state compact waste disposal fees effective only for the period beginning on the date the compact waste disposal facility license holder is approved to accept waste at the disposal facility and ending on the effective date of the rules establishing the fees under Section 401.245.  A generator is not entitled to a refund, and may not be charged a surcharge, for the disposal of waste under interim fees once the final fees have been adopted.(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1159, Sec. 13(2), eff. September 1, 2013.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 6, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 13(2), eff. September 1, 2013.|