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RULE §336.1111Special Requirements for a License Application for Source Material Recovery and By-product Material Disposal Facilities

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.

Source Note: The provisions of this §336.1111 adopted to be effective February 28, 2008, 33 TexReg 1570; amended to be effective June 25, 2015, 40 TexReg 3996

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