Section 336.740 - Maintenance of Records and Reports(a) Each licensee shall maintain any records and make any reports as may be required by the conditions of the license, by the rules in this chapter, or by orders of the commission. Copies of any records or reports required by the license, rules, or orders shall be submitted to the executive director or commission on request. All records and reports required by the license, rules, or orders shall be complete and accurate.(b) Records which are required by the rules in this chapter or by license conditions shall be maintained for a period specified by the appropriate rules or by license condition. If a retention period is not otherwise specified, these records shall be maintained and transferred to the executive director as specified in subsection (e) of this section as a condition of license termination unless the executive director otherwise authorizes their disposition.(c) Each record required by this chapter shall be legible throughout the specified retention period. The record shall be the original or a reproduced copy or a microform, provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records, such as letters, drawings, and specifications, shall include all pertinent information, such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and the loss of records.(d) If there is a conflict between the commission's rules, license condition, or other written approval or authorization from the executive director pertaining to the retention period for the same type of record, the longest retention period specified takes precedence.(e) Notwithstanding subsections (a)-(d) of this section, the licensee shall record the location and the quantity of wastes contained in the disposal site and shall transfer these records upon license termination to the executive director and to such other government agencies or officials as designated by the commission.(f) Following receipt and acceptance of a shipment of waste, the licensee shall record the date that the shipment was received at the disposal facility; the date of disposal of the waste; a traceable shipment manifest number; a description of any engineered barrier or structural overpack provided for disposal of the waste; the location of disposal at the disposal site; the containment integrity of the waste disposal containers as received; any discrepancies between materials listed on the manifest and those received; the volume of any pallets, bracing, or other shipping materials, or of materials generated on site, that are contaminated and are disposed of as contaminated or suspect materials; and any evidence of leaking or damaged disposal containers or radiation or contamination levels in excess of limits specified in rules of the United States Department of Transportation or United States Nuclear Regulatory Commission. The licensee shall briefly describe any repackaging operations of any of the disposal containers included in the shipment, plus any other information required by the commission as a license condition. The licensee shall retain these records until the commission transfers or terminates the license that authorizes the activities described in this section.(g) Each licensee authorized to dispose of waste received from other persons shall file a copy of its financial report or a certified financial statement annually with the executive director in order to update the information base for determining financial qualifications.(h) Annual reports shall be submitted.(1) Each licensee authorized to dispose of waste received from other persons under this subchapter shall submit annual reports to the executive director. Reports shall be submitted by the end of the first calendar quarter of each year for the preceding year.(2) The annual reports shall include:(A) specification of the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in airborne effluents during the preceding year;(B) the results of the environmental monitoring program;(C) a summary of licensee disposal unit survey and maintenance activities, including the location of each discrete waste shipment;(D) a summary, by waste class, of activities and quantities of radionuclides disposed of;(E) any instances in which observed site characteristics were significantly different from those described in the application for a license; and(F) any other information the executive director may require.(3) If the quantities of radioactive materials released during the reporting period, monitoring results, or maintenance performed are significantly different from those expected in the documents previously reviewed as part of the licensing action, the annual report shall cover this specifically.(i) An electronic record keeping system shall be maintained.(1) In addition to the other requirements of this section, the licensee shall store, or have stored, manifest and other information pertaining to receipt and disposal of radioactive waste in an electronic recordkeeping system.(2) The manifest information that must be electronically stored is:(A) that prescribed in §336.363, Appendix F, of this title (relating to Requirements for Receipt of Low-Level Radioactive Waste for Disposal at Licensed Land Disposal Facilities and Uniform Manifests), that is, the information requested on applicable United States Nuclear Regulatory Commission (NRC) Forms 540 (Uniform Low-Level Radioactive Waste Manifest (Shipping Paper)) and 541 (Uniform Low-Level Radioactive Waste Manifest (Container and Waste Description)) and, if necessary, on an applicable NRC Form 542 (Uniform Low-Level Radioactive Waste Manifest (Manifest Index and Regional Compact Tabulation)), as those forms and requirements are prescribed in 10 CFR 61.80 as amended through December 27, 1982 (47 FedReg 57463) and 10 CFR 20.2006 as amended through March 27, 1995 (60 FedReg 15663), with the exception of shipper and carrier telephone numbers and shipper and consignee certifications;(B) that information required in subsection (f) of this section; and(C) specification of:(i) the activity of each of the radionuclides hydrogen-3, carbon-14, technetium-99, and iodine-129 in waste disposed of;(ii) the masses of uranium-233, uranium-235, and plutonium in special nuclear material in waste disposed of; and(iii) the mass of uranium and thorium in source material in waste disposed of.(3) As specified in license conditions, the licensee shall report the stored information, or subsets of this information, on a computer-readable medium, as that term is defined in §336.363, Appendix F, of this title.30 Tex. Admin. Code § 336.740
The provisions of this §336.740 adopted to be effective June 5, 1997, 22 TexReg 4588.