reglab/statecodes huggingface dataset:
2023 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 401.208. Study of Capacity

Sec. 401.208.  STUDY OF CAPACITY.  (a)  At least once every four years, the commission shall conduct a study on the available volume and curie capacity of the compact waste disposal facility for the disposal of party state compact waste and nonparty compact waste.
(a-1)  In order to conduct the study under this section, the commission may require a generator of low-level radioactive waste to provide annually:
(1)  information reasonably necessary to evaluate the adequacy of the capacity of the compact waste disposal facility as accurately as possible, including the amount in volume and curies that the generator intends to export or dispose of at a facility other than the compact waste disposal facility;
(2)  the amount in volume and curies of low-level radioactive waste that was stored on-site at the generator's facility in the preceding year; and
(3)  the length of time waste was stored at the generator's facility.
(b)  The commission shall consider and make recommendations regarding:
(1)  the future volume and curie capacity needs of party state and nonparty state generators and any additional reserved capacity necessary to meet those needs;
(2)  the calculation of radioactive decay related to the compact waste disposal facility and radiation dose assessments based on the curie capacity;
(3)  the necessity of containerization of the waste;
(4)  the effects of the projected volume and radioactivity of the waste on the health and safety of the public; and
(5)  the costs and benefits of volume reduction and stabilized waste forms.
(c)  The commission shall submit a final report of the results of the study to the standing committees of the senate and the house of representatives with jurisdiction over the disposal of low-level radioactive waste.
(d)  The Texas Low-Level Radioactive Waste Disposal Compact Commission shall use the study to anticipate the future capacity needs of the compact waste disposal facility.
(e)  The commission may conduct a study described by Subsection (a) at any time if the commission determines that a study is necessary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 5, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 790 (H.B. 2662), Sec. 2, eff. June 15, 2017.
2023 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 401.2085. Review of Financial Assurance

Sec. 401.2085.  REVIEW OF FINANCIAL ASSURANCE.  (a)  The commission shall conduct a review of the adequacy of the financial assurance mechanisms of the compact waste disposal facility license holder that were approved by the commission before January 1, 2011, against projected post-closure costs, including a review of the adequacy of funds for unplanned events.  The review shall consider:
(1)  the segregation of financial assurance funds from other funds;
(2)  the degree of risk that the financial instruments are subject to financial reversal;
(3)  potential post-closure risks associated with the compact waste disposal facility; and
(4)  the adequacy of the financial instruments to cover the state's liabilities.
(b)  Not later than December 1, 2012, the commission shall submit a final report of the results of the review to the standing committees of the senate and the house of representatives with jurisdiction over the disposal of low-level radioactive waste.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 3, eff. September 1, 2011.
2023 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 401.209. Acquisition and Operation of Low-Level Radioactive Waste Disposal Sites

Sec. 401.209.  ACQUISITION AND OPERATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITES.  (a)  The commission may acquire the fee simple title in land, affected mineral rights, and buildings at which low-level radioactive waste can be or is being disposed of in a manner consistent with public health and safety and the environment.
(b)  Property acquired under this section may be used only for disposing of low-level radioactive waste until the commission determines that another use would not endanger the health, safety, or general welfare of the public or the environment.
(c)  The commission may lease property acquired under this section for operating a disposal site for low-level radioactive waste.
(d)  The right, title, and interest in low-level radioactive waste accepted for disposal at property and facilities acquired under this section and any other interest acquired under this chapter are the property of the commission, acting on behalf of the state, and shall be administered and controlled by the commission in the name of the state.
(e)  A right, title, or interest acquired under this chapter does not vest in any fund created by the Texas Constitution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 145, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 21, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.210. Transfer Costs of Property

Sec. 401.210.  TRANSFER COSTS OF PROPERTY.  Low-level radioactive waste and land and buildings transferred to the state or to the federal government under this chapter shall be transferred to the state or to the federal government without cost, other than administrative and legal costs incurred in making the transfer.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 21, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.211. Liability

Sec. 401.211.  LIABILITY.  (a)  The transfer of the title to low-level radioactive waste and land and buildings to the state or to the federal government does not relieve a license holder of liability for any act or omission performed before the transfer or while the low-level radioactive waste or land and buildings are in the possession and control of the license holder.
(b)  The acceptance, storage, or disposal of federal facility waste by the compact waste disposal facility license holder at a federal facility waste disposal facility does not create any liability under state law on the part of the state, or on the part of any officer or agency of the state, for damages, removal, or remedial action with respect to the land, the facility, or the waste accepted, stored, or disposed of.
(c)  The compact waste disposal facility license must require the license holder to indemnify the state for any liability imposed on the state under state or federal law, as required by the commission for the disposal of federal facility waste.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 21, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.212. Monitoring, Maintenance, and Emergency Measures

Sec. 401.212.  MONITORING, MAINTENANCE, AND EMERGENCY MEASURES.  The commission may undertake monitoring, maintenance, and emergency measures that are necessary to protect the public health and safety and the environment in connection with low-level radioactive waste and property for which it has assumed custody.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 21, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.213. Interstate Compacts

Sec. 401.213.  INTERSTATE COMPACTS.  The commission shall cooperate with and encourage the use of interstate compacts, including the Southern States Energy Board, to develop regional sites that divide among the states the disposal burden of low-level radioactive waste generated in the region.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.231, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1367, Sec. 21, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
Sec. 401.214.  REGIONAL DISPOSAL FACILITY UNDER COMPACT.  The compact waste disposal facility licensed under this subchapter is the regional disposal facility established and operated under the compact established under Chapter 403 for purposes of the federal Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. Sections 2021b-2021j).
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.215. Acceptance of Low-Level Radioactive Waste

Sec. 401.215.  ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.  Subject to limitations provided by Sections 401.207 and 401.248, the compact waste disposal facility shall accept for disposal all compact waste that is presented to it and that is properly processed and packaged.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.216. Federal Facility Waste Disposal

Sec. 401.216.  FEDERAL FACILITY WASTE DISPOSAL.  (a)  The commission may license the compact waste disposal facility license holder to dispose of federal facility waste.  The commission may license federal facility waste disposal only at a separate and distinct facility that is operated exclusively for the disposal of federal facility waste and that is adjacent to the compact waste disposal facility.
(b)  For the first five years after a license under this section is issued, the commission shall limit the overall capacity of the federal facility waste disposal facility to not more than three million cubic yards.  Of that amount, the commission shall limit the total volume of waste accepted at the federal facility waste disposal facility that must be disposed of in accordance with Section 401.218 to not more than 300,000 cubic yards.
(c)  Unless the commission makes an affirmative finding that increasing the capacity of the federal facility waste disposal facility would pose a significant risk to human health, public safety, or the environment, on the fifth anniversary of the date the license under this section is issued, the commission shall increase the overall capacity of the federal facility waste disposal facility by three million cubic yards, for a total capacity of six million cubic yards, and shall increase the acceptable volume of waste that must be disposed of in accordance with Section 401.218 by 300,000 cubic yards, for a total volume of 600,000 cubic yards.
(d)  The commission may not allow commingling of compact waste and federal facility waste.
(e)  The compact waste disposal facility license holder may not accept federal facility waste at a federal facility waste disposal facility until the license holder begins accepting compact waste at the compact waste disposal facility.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.217. Location of Disposal Facility Site

Sec. 401.217.  LOCATION OF DISPOSAL FACILITY SITE.  The commission may not issue a license for a compact waste disposal facility or license the operation of a federal facility waste disposal facility if the disposal facility site is located:
(1)  in a county any part of which is located 62 miles or less from an international boundary;
(2)  in a county in which the average annual rainfall is greater than 20 inches;
(3)  in a county that adjoins river segment 2309, 2310, or 2311 as identified by the commission in the Texas Surface Water Quality Standards, 30 T.A.C. Section 307.10(3);
(4)  in a 100-year flood plain;  or
(5)  less than 20 miles upstream of or up-drainage from the maximum elevation of the surface of a reservoir project that:
(A)  has been constructed or is under construction by the United States Bureau of Reclamation or the United States Army Corps of Engineers;  or
(B)  has been approved for construction by the Texas Water Development Board as part of the state water plan under Subchapter C, Chapter 16, Water Code.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.218. Disposal of Certain Waste

Sec. 401.218.  DISPOSAL OF CERTAIN WASTE.  (a)  In this section, "Class A low-level radioactive waste," "Class B low-level radioactive waste," and "Class C low-level radioactive waste" have the meanings assigned by commission rule.
(b)  The compact waste disposal facility license holder shall dispose of Class B low-level radioactive waste and Class C low-level radioactive waste:
(1)  within a reinforced concrete container and within a reinforced concrete barrier or within containment structures made of materials technologically equivalent or superior to reinforced concrete;  and
(2)  in such a manner that the waste can be monitored and retrieved.
(c)  The commission by rule may require a compact waste disposal facility license holder to dispose of certain Class A low-level radioactive wastes that present a hazard because of their high radiation levels in the manner required for Class B low-level radioactive waste and Class C low-level radioactive waste under Subsection (b).  To the extent practicable, rules adopted under this subsection shall be consistent with federal rules regarding classification of low-level radioactive waste under 10 C.F.R. Part 61.
(d)  In addition to the fees charged to support the operations of the Texas Low-Level Radioactive Waste Disposal Compact Commission, the commission's executive director may charge a license holder a fee to cover the administrative costs of the executive director's action to adjust, correct, or otherwise modify a license.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 6, eff. September 1, 2013.
2023 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 401.219. Techniques for Managing Low-Level Radioactive Waste

Sec. 401.219.  TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE WASTE.  (a)  As a condition for obtaining a compact waste disposal facility license, an applicant must submit to the commission or its designee evidence relating to the reasonableness of any technique for managing low-level radioactive waste to be practiced at the proposed disposal facility or facilities.
(b)  Before determining the techniques to be used for managing low-level radioactive waste, an applicant shall study alternative techniques, including:
(1)  waste processing and reduction at the site of waste generation and at the disposal facility;  and
(2)  the use of aboveground isolation facilities.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.220. Design of Facility

Sec. 401.220.  DESIGN OF FACILITY.  The design of a disposal facility should incorporate, to the extent practicable, safeguards against hazards resulting from local meteorological conditions, including phenomena such as hurricanes, tornados, earthquakes, earth tremors, violent storms, and susceptibility to flooding.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.221. Mixed Waste

Sec. 401.221.  MIXED WASTE.  (a)  In this section, "mixed waste" means a combination of hazardous waste as defined by Chapter 361 and low-level radioactive waste and includes federal mixed waste.
(b)  The compact waste disposal facility license holder in accepting mixed waste at the compact waste disposal facility or a federal facility waste disposal facility shall comply with Chapter 361, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as amended, and this chapter.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.222. Term of License

Sec. 401.222.  TERM OF LICENSE.  The compact waste disposal facility license issued under this subchapter expires on the 15th anniversary of its date of issuance and may be renewed for one or more terms of 10 years.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.223. Health Surveillance Survey

Sec. 401.223.  HEALTH SURVEILLANCE SURVEY.  The commission, the department, and local public health officials shall develop a health surveillance survey for the population located in the vicinity of the disposal facility site.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.224. Packaging of Radioactive Waste

Sec. 401.224.  PACKAGING OF RADIOACTIVE WASTE.  The executive commissioner shall adopt rules relating to the packaging of radioactive waste.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0918, eff. April 2, 2015.
2023 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 401.225. Shipment of Low-Level Radioactive Waste

Sec. 401.225.  SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE.  (a)  On arrival of a shipment of low-level radioactive waste at the compact waste disposal facility or a federal facility waste disposal facility, the compact waste disposal facility license holder must determine that the waste complies with all laws, rules, and standards relating to processing and packaging of low-level radioactive waste before the waste is accepted for disposal at the facility.
(b)  A person making a shipment of low-level radioactive waste that is in excess of 75 cubic feet shall give the compact waste disposal facility license holder written notice of the shipment at least 72 hours before shipment to the compact waste disposal facility or a federal facility waste disposal facility begins.  The written notice must contain information required by the department.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.226. Improperly Processed or Packaged Low-Level Radioactive Waste

Sec. 401.226.  IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL RADIOACTIVE WASTE.  (a)  If low-level radioactive waste that is not properly processed or packaged arrives at the compact waste disposal facility or a federal facility waste disposal facility, the compact waste disposal facility license holder shall properly process and package the waste for disposal and charge the person making the shipment a fee to have the low-level radioactive waste properly processed and packaged.
(b)  The compact waste disposal facility license holder shall report to the federal and state agencies that establish rules and standards for processing, packaging, and transporting low-level radioactive waste any person who delivers to the compact waste disposal facility or a federal facility waste disposal facility low-level radioactive waste that is not properly processed or packaged.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.227. Selection of Application for Compact Waste Disposal Facility License

Sec. 401.227.  SELECTION OF APPLICATION FOR COMPACT WASTE DISPOSAL FACILITY LICENSE.  (a)  In selecting an application for the compact waste disposal facility license, the commission shall:
(1)  issue notice of the opportunity to submit an application to dispose of low-level radioactive waste in accordance with Section 401.228;
(2)  review all applications received under Subdivision (1) for administrative completeness;
(3)  evaluate all administratively complete applications in accordance with the evaluation criteria established by Sections 401.233-401.236 and shall select the application that has the highest comparative merit in accordance with Section 401.232;  and
(4)  review the selected application under Subdivision (3) for technical completeness and issue a draft license in accordance with Sections 401.237 and 401.238.
(b)  If the selected application is rejected or denied by the commission, the commission may select the next highest comparative merit application and proceed in accordance with Subsection (a)(4).
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.228. Notice to Receive Applications

Sec. 401.228.  NOTICE TO RECEIVE APPLICATIONS.  Not later than January 1, 2004, the commission shall give to the secretary of state for publication in the Texas Register notice that:
(1)  the commission will accept applications for a 30-day period, beginning 180 days after the date of the Texas Register notice, for the siting, construction, and operation of a facility or facilities for disposal of low-level radioactive waste;
(2)  applications must comply with Chapter 401, Health and Safety Code, the rules of the commission, and any other applicable requirements in the commission's discretion;
(3)  applications must include a nonrefundable $500,000 application processing fee;
(4)  applications received within the 30-day application receipt period will be evaluated by the commission for administrative completeness;
(5)  applications deemed administratively complete will be evaluated by the commission in accordance with the statutory evaluation criteria under Sections 401.233-401.236;  and
(6)  based on the commission's evaluation, one application will be selected to be processed by the commission.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.229. Application Processing Fee

Sec. 401.229.  APPLICATION PROCESSING FEE.  An application for a compact waste disposal facility license must include payment to the commission of an application processing fee of $500,000. The commission may not review an application for administrative completeness until the commission receives the application processing fee.  The application processing fee is nonrefundable.  If the commission's costs in processing an application under this subchapter exceed the $500,000 application processing fee, the commission may assess and collect additional fees from the applicant to recover the costs.  Recoverable costs include costs incurred by the commission for administrative review, technical review, and hearings associated with the application.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.230. Receipt of Applications

Sec. 401.230.  RECEIPT OF APPLICATIONS.  (a)  For a 30-day period beginning 180 days after the date notice is published under Section 401.228, the commission shall accept applications for a compact waste disposal facility license.
(b)  Not later than the 45th day after the date an application is received, the commission shall issue an administrative notice of deficiency to each applicant whose application is timely submitted but is determined by the commission to be administratively incomplete.
(c)  The commission shall provide an applicant for whom an administrative notice of deficiency is issued not more than three 30-day opportunities to cure the noted deficiencies in the application.
(d)  The commission shall reject any application that, after the period for correcting deficiencies has expired, is not administratively complete.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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 401.231. Administratively Complete Application

Sec. 401.231.  ADMINISTRATIVELY COMPLETE APPLICATION.  The commission shall consider as administratively complete an application for which the commission has received the portions of the application necessary to allow the commission to review the technical merits of the application, including:
(1)  the identity and qualifications of the applicant;
(2)  a description of the proposed disposal facility or facilities and disposal facility site;
(3)  a description of the character of the proposed activities and the types and quantities of waste to be managed at the disposal facility or facilities;
(4)  a description of the proposed schedules for construction, receipt of waste, and closure;
(5)  a description of the financial assurance mechanism to be used;
(6)  a description of the design features of the facility or facilities, along with a description of the methods of construction and operation of the facility or facilities;
(7)  a characterization of the area and disposal facility site characteristics, including ecology, geology, soils, hydrology, natural radiation background, climatology, meteorology, demography, and current land uses;
(8)  a description of the safety programs to be used at the proposed facility or facilities;
(9)  a copy of the warranty deed or other conveyance showing required right, title, and interest in the land and buildings on which the facility or facilities are proposed to be located is owned in fee by the applicant as required by Section 401.204;
(10)  an application processing fee in the amount prescribed by Section 401.229 and proof of additional funds sufficient to cover any further costs of processing the application as estimated by the commission;  and
(11)  a copy of a resolution of support of the proposed facility or facilities from the commissioners court of the county in which the facility or facilities are proposed to be located.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.