Section 336.715 - Standards for Issuance of a License, License Amendment, or License RenewalA license, license amendment, or license renewal for the receipt, possession, and disposal of waste may be issued by the commission upon finding that the issuance of the license must not constitute an unreasonable risk to the health and safety of the public or have a long-term detrimental impact on the environment and that:
(1) The applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that protects health and minimizes danger to life or the environment;(2) The applicant's proposed disposal site, disposal design, land disposal facility operations (including equipment, facilities, and procedures), disposal site closure, and post-closure institutional control are adequate to protect the public health and safety in that they provide reasonable assurance that the general population will be protected from releases of radioactivity as specified in the performance objective in § 336.724 of this title (relating to Protection of the General Population from Releases of Radioactivity);(3) The applicant's proposed disposal site, disposal site design, land disposal facility operations (including equipment, facilities, and procedures), disposal site closure, and post-closure institutional control are adequate to protect the public health and safety in that they will provide reasonable assurance that individual inadvertent intruders are protected in accordance with the performance objective in § 336.725 of this title (relating to Protection of Individuals from Inadvertent Intrusion);(4) The applicant's proposed land disposal facility operations (including equipment, facilities, and procedures) are adequate to protect the public health and safety in that they will provide reasonable assurance that the standards for radiation protection set out in Subchapter D of this chapter (relating to Standards for Protection Against Radiation) will be met;(5) The applicant's proposed disposal site, disposal site design, land disposal facility operations, disposal site closure, and post-closure institutional control are adequate to protect the public health and safety and the environment in that they will provide reasonable assurance that long-term stability of the disposed waste and the disposal site will be achieved and will eliminate to the extent practicable the need for ongoing active maintenance of the disposal site following closure;(6) The applicant has provided reasonable assurance that the applicable technical requirements of this subchapter will be met;(7) The applicant's proposal for institutional control provides reasonable assurance that institutional control will be provided for the length of time found necessary to ensure the findings in paragraphs (2)-(5) of this section and that the institutional control meets the requirements of § 336.734 of this title (relating to Institutional Requirements);(8) The information on financial assurances meets the requirements of this subchapter; and(9) The applicant has met any additional requirements under the rules of the commission.30 Tex. Admin. Code § 336.715
The provisions of this §336.715 adopted to be effective June 5, 1997, 22 TexReg 4588.