Section 336.701 - Scope and General Provisions(a) This subchapter establishes the procedures, criteria, and terms and conditions upon which the commission issues a license for the near-surface land disposal of low-level radioactive wastes and accelerator-produced radioactive material received from other persons. The rules in this subchapter apply to disposal of low-level radioactive waste and accelerator-produced radioactive material as defined in § 336.2 of this title (relating to Definitions). For the purpose of this subchapter, the term "low-level radioactive waste" includes accelerator-produced radioactive material. If there is a conflict between the rules of the commission and the rules of this subchapter, the rules of this subchapter shall prevail. No person shall engage in disposal of low-level radioactive waste received from other persons except as authorized in a specific license issued under this subchapter. A licensee under this subchapter shall conduct processing of low-level radioactive waste received for disposal at the licensed site, incidental to the disposal of that waste, in accordance with provisions of the commission license which authorizes the disposal.(b) A licensee authorized to dispose of low-level radioactive waste under the rules in this subchapter shall not accept for disposal:(1) high-level radioactive waste as defined in 10 Code of Federal Regulations (CFR) §60.2 as amended through October 27, 1988 (53 FR 43421) (Definitions - high-level radioactive wastes in geologic repositories);(2) byproduct material as defined in § 336.2(13)(B) of this title;(3) spent or irradiated nuclear fuel;(4) waste that is not generally acceptable for near-surface disposal as specified in § 336.362 of this title (relating to Appendix E. Classification and Characteristics of Low-Level Radioactive Waste); or(5) waste that exceeds Class C limitations as specified in § 336.362 of this title.(c) In addition to the requirements of this subchapter, all licensees, unless otherwise specified, are subject to the requirements of Subchapters A - E and G of this chapter (relating to General Provisions; Radioactive Substance Fees; General Disposal Requirements; Standards for Protection Against Radiation; Notices, Instructions, and Reports to Workers and Inspections; and Decommissioning Standards). For Subchapter H licensees, the decommissioning and license termination criteria in Subchapter G of this chapter applies only to the ancillary surface facilities.(d) On-site disposal of low-level radioactive waste at any site authorized under § 336.501(b) of this title (relating to Scope and General Provisions), is not subject to licensing under this subchapter.(e) Shipment and transportation of low-level radioactive waste to a licensed land disposal facility in Texas is subject to applicable rules of the Texas Department of Health, United States Department of Transportation, and United States Nuclear Regulatory Commission. Each shipment of low-level radioactive waste to a licensed land disposal facility in Texas is subject to inspection by the Texas Department of Health before shipment.30 Tex. Admin. Code § 336.701
The provisions of this §336.701 adopted to be effective June 5, 1997, 22 TexReg 4588; amended to be effective September 3, 1998, 23 TexReg 8837; amended to be effective September 14, 2000, 25 TexReg 9012; amended to be effective January 8, 2004, 29 TexReg 150