(a) A licensee may dispose of the following licensed material
as if it were not radioactive:
(1) 0.05 microcurie (1.85 kilobecquerels), or less, of hydrogen-3,
carbon-14, or iodine-125 per gram of medium used for liquid scintillation
counting or in vitro clinical or in vitro laboratory testing; and
(2) 0.05 microcurie (1.85 kilobecquerels), or less, of hydrogen-3,
carbon-14, or iodine-125 per gram of animal tissue, averaged over the weight
of the entire animal.
(b) A licensee shall not dispose of tissue under subsection
(a)(2) of this section in a manner that would permit its use either as food
for humans or as animal feed.
(c) A licensee may, upon commission approval under subsection
(d) of this section, dispose of licensed material listed in §336.365
of this title (relating to Appendix H. Radionuclide Concentration and Annual
Activity Limits for Disposal in a Type I Municipal Solid Waste Facility or
a Hazardous Waste Facility), provided that the licensed material does not
exceed the specified concentration and annual activity limits, in a Type I
municipal solid waste facility as defined in the commission's rules in Chapter
330 of this title (relating to Municipal Solid Waste), unless the licensed
material is hazardous waste, or is combined with hazardous waste, as defined
in Chapter 330 of this title. Licensed material listed in §336.365 of
this title which does not exceed the specified concentration and annual activity
limits and which is hazardous waste, or is combined with hazardous waste,
shall be disposed of at a hazardous waste disposal facility in accordance
with the commission's rules in Chapter 335 of this title (relating to Industrial
Solid Waste and Municipal Hazardous Waste). Disposals at a Type I municipal
solid waste facility or a hazardous waste disposal facility must comply with
other requirements for those facilities as set forth in Chapters 330 or 335
of this title, respectively.
(d) A licensee shall apply for commission authorization, by
license amendment, for the disposal of licensed material under subsection
(c) of this section by submitting procedures for the following to the agency:
(1) physical delivery of the material to the disposal facility;
(2) surveys to be performed for compliance with subsection
(e)(1) of this section;
(3) maintaining secure packaging during transportation to the
site; and
(4) maintaining records of any disposals made under this subsection.
(e) Each licensee who disposes of licensed material under subsections
(a) - (d) of this section shall:
(1) make surveys adequate to assure that the limits specified
in subsection (a) or (c) of this section are not exceeded; and
(2) remove or otherwise obliterate or obscure all labels, tags,
or other markings which would indicate that the material or contents is radioactive.
(f) Each licensee who disposes of licensed material under subsections
(a) - (d) of this section shall maintain records in accordance with §336.338
of this title (relating to General Recordkeeping Requirements for Disposal).
(g) Material disposed of under this section is exempt from
the requirements of §336.332 of this title (relating to Preparation of
Radioactive Material for Transport).
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