Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 336 - RADIOACTIVE SUBSTANCE RULES › Subchapter H - LICENSING REQUIREMENTS FOR NEAR-SURFACE LAND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 336.728 - Disposal Site Suitability Requirements for Near-Surface Land Disposal

Current through Reg. 49, No. 28; July 12, 2024
(a) The disposal
				  site shall be capable of being characterized, modeled, analyzed, and
				  monitored.
(b) Within the region
				  where the land disposal facility is to be located, a disposal site should be
				  selected so that projected population growth and future developments are not
				  likely to affect the ability of the land disposal facility to meet the
				  performance objectives of this subchapter.
(c) Areas shall be avoided that have known
				  natural resources which, if exploited, would result in failure to meet the
				  performance objectives of this subchapter.
(d) The disposal site shall be generally well
				  drained and free of areas of flooding or frequent ponding. Waste disposal shall
				  not take place in a 100-year flood plain, coastal high-hazard area, or wetland,
				  as defined in Executive Order 11988, "Floodplain Management
				  Guidelines."
(e) Upstream drainage
				  areas shall be minimized to decrease the amount of runoff which could erode or
				  inundate disposal units.
(f) The
				  disposal site shall provide sufficient depth to the water table so that
				  groundwater, perennial or otherwise, shall not intrude into the
				  waste.
(g) Areas shall be avoided
				  that are the recharge areas of sole source aquifers unless it can be
				  demonstrated with reasonable assurance that the disposal site shall be
				  designed, constructed, operated, and closed without an unreasonable risk to an
				  aquifer.
(h) The hydrogeologic unit
				  used for disposal shall not discharge groundwater to the surface within the
				  disposal site.
(i) Areas shall be
				  avoided where tectonic processes such as faulting, folding, seismic activity,
				  or vulcanism may occur with such frequency and extent to significantly affect
				  the ability of the disposal site to meet the performance objectives of this
				  subchapter or may preclude defensible modeling and prediction of long-term
				  impacts.
(j) Areas shall be avoided
				  where surface geologic processes such as mass wasting, erosion, slumping,
				  landsliding, or weathering occur with such frequency and extent to
				  significantly affect the ability of the disposal site to meet the performance
				  objectives of this subchapter or may preclude defensible modeling and
				  prediction of long-term impacts.
(k) The disposal site shall not be located
				  where nearby facilities or activities could adversely impact the ability of the
				  site to meet the performance objectives of this subchapter or significantly
				  mask the environmental monitoring program. If activities involving radioactive
				  material were previously performed on the site, the applicant shall evaluate
				  the contribution of those activities that may impact the ability of the site to
				  meet performance objectives.
(l)
				  The disposal site shall not be located in areas where soil conditions are such
				  that spill cleanup would be impracticable.
(m) The site shall not be located in a county
				  any part of which is located 62 miles or less from an international
				  boundary.
(n) The site shall not be
				  located in a county in which the average annual rainfall is greater than 20
				  inches.
(o) The site shall not be
				  located in a county that adjoins river segment 2309, 2310, or 2311 as
				  identified by the commission in the Texas Surface Water Quality Standards in
				  §
										307.10(3)
				  of this title (relating to Appendices A - E). These river segments are
				  identified as follows:
(1) river segment 2309
				  is the Devil's River;
(2) river
				  segment 2310 is the lower Pecos River; and
(3) river segment 2311 is the upper Pecos
				  River.