Health & Safety Code Section 401.112
Low-level Radioactive Waste Processing or Disposal License Application and Considerations
(a)The commission, in making a licensing decision on a specific license application to process or dispose of low-level radioactive waste from other persons, shall consider:
(1)site suitability, geological, hydrological, and meteorological factors, and natural hazards;
(2)compatibility with present uses of land near the site;
(3)socioeconomic effects on surrounding communities of operation of the licensed activity and of associated transportation of low-level radioactive waste;
(4)the need for and alternatives to the proposed activity, including an alternative siting analysis prepared by the applicant;
(5)the applicant’s qualifications, including:
(A)financial and technical qualifications and compliance history under the method for using compliance history developed by the commission under Section 5.754 (Classification and Use of Compliance History), Water Code, for an application to the commission; and
(B)the demonstration of financial qualifications under Section 401.108 (Financial Qualifications);
(6)background monitoring plans for the proposed site;
(7)suitability of facilities associated with the proposed activities;
(8)chemical, radiological, and biological characteristics of the low-level radioactive waste and waste classification under Section 401.053 (Classification System for Low-level Radioactive Waste);
(9)adequate insurance of the applicant to cover potential injury to any property or person, including potential injury from risks relating to transportation;
(10)training programs for the applicant’s employees;
(11)a monitoring, record-keeping, and reporting program;
(12)spill detection and cleanup plans for the licensed site and related to associated transportation of low-level radioactive waste;
(13)decommissioning and postclosure care plans;
(15)worker monitoring and protection plans;
(16)emergency plans; and
(17)a monitoring program for applicants that includes prelicense and postlicense monitoring of background radioactive and chemical characteristics of the soils, groundwater, and vegetation.
(b)An applicant for the specific license must submit with the application information necessary for the commission to consider the factors under Subsection (a).
(c)The commission by rule shall provide specific criteria for the different types of licensed low-level radioactive waste activities for the listed factors and may include additional factors and criteria that the commission determines necessary for full consideration of a license.
Section 401.112 — Low-level Radioactive Waste Processing or Disposal License Application and Considerations,
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm#401.112 (accessed Dec. 2, 2023).