| (a) This section is applicable only in the host state.
(b) This section is designed to gather information
on the importation into the host state for disposal or management
of certain low-level waste that:
(1) is required when shipped to be listed on Nuclear
Regulatory Commission (NRC) Forms 540 or 541 (Uniform Low-Level Waste
Manifest Shipping Forms);
(2) is included within the definition of low-level
radioactive waste found in 30 TAC §336.2(89) (relating to Definitions)
as the definition is in effect on the date this section becomes effective
or as 30 TAC §336.2(89) may be amended or renumbered in the future,
but is not intended for disposal in the Compact Waste Facility;
(3) is not low-level radioactive waste described by
42 United States Code, §2021c(b)(1) or waste that is regulated
under §675.23 of this title (relating to Importation of Waste
from a Non-Party Generator for Disposal); and
(4) for the purposes of this section, the material
described in this subsection will be referred to as Non-Compact-Facility
Low-Level Radioactive Waste ("NCFW").
(c) Any entity in the host state that imports NCFW
must enter into an agreement with the Commission that contains a requirement
that it will report to the Commission on a semi-annual basis the following
information with respect to each shipment of NCFW that it has received
in the previous six-month period:
(1) the name of the generator;
(2) the name of the unaffiliated state, territory,
or low-level waste compact (if any) where the waste originated;
(3) the activity of the waste in curies;
(4) the gross volume or weight of the waste; the date
of receipt; whether the waste is being stored, processed, or otherwise
managed; provided, however, that waste that has been disposed of in
the same reporting period in which it was received shall only report
gross volume or weight; and
(5) the physical location of management or the date
of and physical location of disposal of that waste.
(d) Semi-annual reports must be submitted electronically
on forms provided by the Commission and must be submitted before the
31st day after the end of each six-month period of the Commission's
fiscal year, which begins on September 1 and ends on August 31. An
entity may file its semi-annual report on its own form if the Commission
has provided its prior written authorization for the form submitted.
(e) An entity that imports low-level radioactive waste
into the host state as described in subsection (c) of this section
shall have entered into an agreement with the Commission within 90
days after the effective date of this section or within such time
extensions thereafter as the Commission may allow. New entrants that
import waste into the host state as described in subsection (c) of
this section must enter into an agreement with the Commission within
30 days of commencement of management operations. To the maximum extent
possible, each agreement entered into under this section will contain
provisions identical to those in each other agreement entered into
under this section.
(f) An entity that imports waste into the host state
as described in subsection (c) of this section shall submit an application
for entry into an agreement with the Commission electronically or
on paper on a form provided by the Commission.
(g) Failure on the part of an entity that imports waste
into the host state as described in subsection (c) of this section
to comply with any provision of this section or the agreement entered
into pursuant to subsection (d) of this section may result in the
Commission reporting such failures to the host state agency that has
licensed, permitted, or otherwise authorized the operation of such
entities.
(h) The Commission may revoke or amend an agreement
on its own motion or in response to an application by the agreement
holder. When the Commission amends an NCFW agreement on its own motion,
it may provide a reasonable time to allow the agreement holder to
make the changes necessary to comply with any additional requirements
imposed by the Commission. No importation of NCFW shall be allowed
under any amended agreement for the importation of NCFW until:
(1) the amendment to the NCFW agreement has been executed
by both the Commission and the agreement holder; and
(2) the agreement holder has made any changes necessary
to comply with additional requirements.
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