| (ii) label each disposal container (or transport package
if potential radiation hazards preclude labeling of the individual
disposal container) of waste to identify whether it is Class A waste,
Class B waste, Class C waste, or greater than Class C waste, in accordance
with §289.202(ggg)(4)(A) of this title;
(iii) conduct a quality assurance program to assure
compliance with §289.202(ggg)(4)(A) and (B) of this title;
(iv) prepare the uniform manifest as required by this
subsection;
(v) forward a copy or electronically transfer the uniform
manifest to the intended consignee so that either:
(I) receipt of the manifest precedes the LLRW shipment;
and
(II) the manifest is delivered to the consignee with
the waste at the time the waste is transferred to the consignee. Using
both subclauses (I) and (II) of this clause are also acceptable;
(vi) include the uniform manifest with the shipment
regardless of the option chosen in clause (v) of this subparagraph;
(vii) receive acknowledgement of the receipt of the
shipment in the form of a signed copy of the uniform manifest;
(viii) retain a copy of or electronically store the
uniform manifest and documentation of acknowledgement of receipt as
the record of transfer of radioactive material as required by §289.251
of this title and §289.252 of this title; and
(ix) for any shipments or any part of a shipment for
which acknowledgement of receipt has not been received within the
times set forth in this subsection, conduct an investigation in accordance
with subparagraph (D) of this paragraph.
(B) Any waste collector licensee who handles only prepackaged
waste shall:
(i) acknowledge receipt of the waste from the shipper
within one week of receipt by returning a signed copy of the uniform
manifest;
(ii) prepare a new uniform manifest to reflect consolidated
shipments that meet the requirements of this subsection. The waste
collector shall ensure that, for each container of waste in the shipment,
the uniform manifest identifies the generator of that container of
waste;
(iii) forward a copy or electronically transfer the
uniform manifest to the intended consignee so that either:
(I) receipt of the uniform manifest precedes the LLRW
shipment; or
(II) the uniform manifest is delivered to the consignee
with the waste at the time the waste is transferred to the consignee.
Using both subclauses (I) and (II) of this clause are also acceptable;
(iv) include the uniform manifest with the shipment
regardless of the option chosen in clause (iii) of this subparagraph;
(v) receive acknowledgement of the receipt of the shipment
in the form of a signed copy of the uniform manifest;
(vi) retain a copy of or electronically store the uniform
manifest and documentation of acknowledgement of receipt as the record
of transfer of radioactive material as required by §289.251 of
this title and §289.252 of this title;
(vii) for any shipments or any part of a shipment for
which acknowledgement of receipt has not been received within the
times set forth in accordance with this clause, conduct an investigation
in accordance with subparagraph (D) of this paragraph; and
(viii) notify the shipper and the department when any
shipment, or part of a shipment, has not arrived within 60 days after
receipt of an advance uniform manifest, unless notified by the shipper
that the shipment has been cancelled.
(C) Any licensed waste processor who treats or repackages
waste shall:
(i) acknowledge receipt of the waste from the shipper
within one week of receipt by returning a signed copy of the uniform
manifest;
(ii) prepare a new uniform manifest that meets the
requirements of this subsection. Preparation of the new uniform manifest
reflects that the processor is responsible for meeting these requirements.
For each container of waste in the shipment, the manifest shall identify
the waste generators, the preprocessed waste volume, and the other
information as required in clause (i) of this subparagraph;
(iii) prepare all wastes so that the waste is classified
according to §289.202(ggg)(4)(A) of this title and meets the
waste characteristics requirements in §289.202(ggg)(4)(B) of
this title;
(iv) label each package of waste to identify whether
it is Class A waste, Class B waste, or Class C waste, in accordance
with §289.202(ggg)(4)(A) and (C) of this title;
(v) conduct a quality assurance program to assure compliance
with §289.202(ggg)(4)(A) and (B) of this title;
(vi) forward a copy or electronically transfer the
uniform manifest to the intended consignee so that either:
(I) receipt of the uniform manifest precedes the LLRW
shipment; or
(II) the uniform manifest is delivered to the consignee
with the waste at the time the waste is transferred to the consignee.
Using both subclause (I) of this clause and this subclause is also
acceptable;
(vii) include the uniform manifest with the shipment
regardless of the option chosen in clause (vi) of this subparagraph;
(viii) receive acknowledgement of the receipt of the
shipment in the form of a signed copy of the uniform manifest;
(ix) retain a copy of or electronically store the uniform
manifest and documentation of acknowledgement of receipt as the record
of transfer of radioactive material as required by §289.251 of
this title and §289.252 of this title;
(x) for any shipment or any part of a shipment for
which acknowledgement of receipt has not been received within the
times set forth in accordance with this clause, conduct an investigation
in accordance with clause (v) of this subparagraph; and
(xi) notify the shipper and the department when any
shipment, or part of a shipment, has not arrived within 60 days after
receipt of an advance uniform manifest, unless notified by the shipper
that the shipment has been cancelled.
(D) Any shipment or part of a shipment for which acknowledgement
is not received within the times set forth in accordance with this
section shall undergo the following:
(i) be investigated by the shipper if the shipper has
not received notification or receipt within 20 days after transfer;
and
(ii) be traced and reported. The investigation shall
include tracing the shipment and filing a report with the department.
Each licensee who conducts a trace investigation shall file a written
report with the department within two weeks of completion of the investigation.
|
| Source Note: The provisions of this §289.257 adopted to be effective December 27, 2007, 32 TexReg 9633; amended to be effective October 1, 2011, 36 TexReg 5851; amended to be effective March 22, 2015, 40 TexReg 1386; amended to be effective March 1, 2016, 41 TexReg 1444; amended to be effective September 24, 2018, 43 TexReg 6289; amended to be effective January 5, 2022, 46 TexReg 9309 |
