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RULE §336.211General Requirements for Radioactive Material Disposal

(a) Unless otherwise exempted, a licensee may dispose of licensed material, as appropriate to the type of licensed material, only:

  (1) by transfer to an authorized recipient as provided in §336.331(g) and (h) of this title (relating to Transfer of Radioactive Material), Subchapter H of this chapter (relating to Licensing Requirements for Near-Surface Land Disposal of Low-Level Radioactive Waste), or in Subchapter L of this chapter (relating to Licensing of Source Material Recovery and By-product Material Disposal Facilities);

  (2) by transfer to a recipient authorized in another state by license issued by the United States Nuclear Regulatory Commission or an Agreement State or to the United States Department of Energy;

  (3) by decay in storage as authorized by law;

  (4) by release in effluents within the limits specified in §336.313 of this title (relating to Dose Limits for Individual Members of the Public);

  (5) as authorized under §336.213 of this title (relating to Method of Obtaining Approval of Proposed Disposal Procedures);

  (6) as authorized under §336.215 of this title (relating to Disposal by Release into Sanitary Sewerage);

  (7) as authorized under §336.223 of this title (relating to Disposal in Underground Injection Control Class I Injection Wells);

  (8) as authorized under §336.225 of this title (relating to Disposal of Specific Wastes); or

  (9) as specifically authorized by commission license issued under this chapter.

(b) A person must be specifically licensed to receive waste containing licensed material from other persons for:

  (1) treatment prior to disposal;

  (2) treatment by incineration;

  (3) decay in storage;

  (4) disposal at a land disposal facility; or

  (5) disposal by injection in an underground injection control Class I injection well.

(c) Except as provided in subsection (d) of this section, the processing and storage of radioactive material received from other persons is subject to Subchapter M of this chapter (relating to Licensing of Radioactive Substances Processing and Storage Facilities).

(d) The receipt, storage, and/or processing of radioactive materials received at a licensed commercial radioactive material disposal facility for the explicit purpose of disposal at that facility shall be regulated in accordance with the license authorizing disposal under this chapter.

(e) The on-site disposal of low-level radioactive waste is prohibited, except as provided by this section. The commission may, on request or its own initiative, authorize on-site disposal of low-level radioactive waste on a specific basis at any facility at which licensed low-level radioactive waste disposal operations began before September 1, 1989, if, after evaluation of the specific characteristics of the waste, the disposal site, and the method of disposal, the commission finds that the continuation of the disposal activity will not constitute a significant risk to public health and safety and to the environment. Persons subject to this subsection shall be licensed under Subchapter F of this chapter (relating to Licensing of Alternative Methods of Disposal of Radioactive Material).

(f) The disposal of low-level radioactive waste received from other persons is prohibited, except by a person who is specifically licensed under Subchapter H of this chapter.

Source Note: The provisions of this §336.211 adopted to be effective September 14, 2000, 25 TexReg 8989; amended to be effective January 8, 2004, 29 TexReg 150; amended to be effective July 21, 2005, 30 TexReg 4127; amended to be effective February 28, 2008, 33 TexReg 1570

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