Section 336.819 - Tier 3 CriteriaThe commission shall consider as Tier 3 criteria the applicant's:
(1) technical qualifications to receive, store, process, and dispose of low-level radioactive waste;(2) experience in management and disposal of low-level radioactive waste and other radioactive materials;(3) previous operating practices in this state and elsewhere, including the practices of a parent, subsidiary, or affiliated entity of the applicant, related to radioactive materials;(4) record of compliance with environmental statutes, rules, and licenses in this state and in any other jurisdiction, including the records of a parent or subsidiary of the applicant, subject to Texas Health and Safety Code, § 401.243;(5) training programs proposed for its employees whose duties relate to the proposed site and activities;(6) monitoring, recordkeeping, and reporting plans;(7) low-level radioactive waste spill detection and clean-up plans for the proposed site and activities;(8) decommissioning and post-closure plans;(10) monitoring and protection plans for workers;(12) plans for background monitoring during the license period, including analysis of the ambient conditions of the site and analysis of established trends of the site's natural parameters, including:(A) natural background radioactivity levels;(C) air particulate levels;(D) soil characteristics, including chemical characteristics;(E) surface water and groundwater characteristics; and(F) flora and fauna at the site; and(13) ability to adequately manage the proposed land disposal facility or facilities and activities for the term of the license.30 Tex. Admin. Code § 336.819
The provisions of this §336.819 adopted to be effective January 8, 2004, 29 TexReg 150