In addition to the requirements in §336.1109 of this title
(relating to General Requirements for the Issuance of Specific Licenses),
a license may be issued if the applicant submits the items in paragraph
(1) of this section for agency approval and meets the conditions in
paragraphs (2) and (3) of this section.
(1) An application for a license must include the following:
(A) for new licenses, an environmental report that
includes the results of a one-year preoperational monitoring program
and for renewal of licenses, an environmental report containing the
results of the operational monitoring program. Both must also include
the following:
(i) description of the proposed project or action;
(ii) area/site characteristics including ecology, geology,
topography, hydrology, meteorology, historical and cultural landmarks,
and archaeology;
(iii) radiological and nonradiological impacts of
the proposed project or action, including waterway and groundwater
impacts and any long-term impacts;
(iv) environmental effects of accidents;
(v) by-product material disposal, decommissioning,
decontamination, and reclamation and impacts of these activities;
and
(vi) site and project alternative;
(B) a closure plan for decontamination, decommissioning,
restoration, and reclamation of buildings and the site to levels that
would allow unrestricted use and for reclamation of the by-product
material disposal areas in accordance with the technical requirements
of §336.1129 of this title (relating to Technical Requirements);
(C) proposal of an acceptable form and amount of financial
security consistent with the requirements of §336.1125 of this
title (relating to Financial Assurance Requirements);
(D) procedures describing the means employed to meet
the requirements of §336.1113(1) and (2) of this title (relating
to Specific Terms and Conditions of Licenses) and §336.1129(o)
of this title during the operational phase of any project;
(E) specifications for the emissions control and disposition
of the by-product material;
(F) for disposal of by-product material received from
others, information on the chemical and radioactive characteristics
of the wastes to be received, detailed procedures for receiving and
documenting incoming waste shipments, and detailed waste acceptance
criteria;
(G) an adequate operating, radiation safety, and emergency
procedures manual; and
(H) for applications for a new license or applications
for license amendments to expand the licensed site, proof of mailed
notification to the owner or owners of the real property on which
radioactive substances are recovered, stored, processed or disposed.
The application for a new license must demonstrate that the owner
or owners of the real property were sent by certified and regular
United States mail, notification from the applicant stating that:
(i) radioactive substances will be recovered, stored,
processed or disposed on the property; and
(ii) decommissioning by the agency, a surety, or as
directed by order may be required and performed on the licensed site
even if the licensee is unable or fails to decommission the licensed
site as required by a license, rule or order of the commission.
(2) Except as provided in this section, the applicant
shall not commence construction at the site until the agency has issued
the license. Commencement of construction prior to issuance of the
license shall be grounds for denial of a license. For an application
for a new license to dispose of by-product material that was filed
with the Texas Department of State Health Services on or before January
1, 2007, the applicant may commence construction as provided in §336.1135
of this title (relating to Construction Activities), at the applicant's
own risk, upon the executive director's issuance of the Environmental
Analysis provided under §281.21(f) of this title (relating to
Draft Permit, Technical Summary, Fact Sheet, and Compliance History).
(3) An application for a license must be submitted
according to the applicable requirements of the Texas Engineering
Practice Act, the Texas Geoscience Practice Act, and the Professional
Land Surveying Practices Act.
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