Sec. 401.0525. GROUNDWATER PROTECTION STANDARDS. (a) The commission shall adopt and enforce groundwater protection standards compatible with federal standards adopted under the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.).
(b) In adopting any standards relating to nonradioactive constituents the commission shall consider the compatibility of those standards with the commission's groundwater protection standards adopted under other programs.
(c) With the exception of a permit for a facility located at the site of currently or formerly operating nuclear power reactors and currently or formerly operating nuclear research and test reactors operated by a university, the commission may not under the authority given to the agency under Section 301, 304, or 401 of the Clean Water Act (33 U.S.C. Sections 1311, 1314, and 1341) issue a general construction permit or approve a Stormwater Pollution Prevention Plan under Section 26.040, Water Code, or issue a permit under the Texas Pollutant Discharge Elimination System Program under Section 26.027, 26.028, or 26.121, Water Code, for the construction or operation of a facility that is licensed for the storage of high-level radioactive waste by the United States Nuclear Regulatory Commission under 10 C.F.R. Part 72. Section 401.005 does not apply to this subsection.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 144, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.212, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 2 (H.B. 7), Sec. 2, eff. September 9, 2021.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Subtitle D - Nuclear and Radioactive Materials
Chapter 401 - Radioactive Materials and Other Sources of Radiation
Subchapter C. Powers and Duties
Section 401.051. Adoption of Rules and Guidelines
Section 401.052. Rules for Transportation and Routing
Section 401.0525. Groundwater Protection Standards
Section 401.053. Classification System for Low-Level Radioactive Waste
Section 401.054. Notice and Hearing
Section 401.056. Emergency Orders
Section 401.059. Program Development
Section 401.060. Studies, Investigations, Etc
Section 401.061. Low-Level Radioactive Waste Studies
Section 401.062. Training Programs
Section 401.063. General Inspection Authority
Section 401.064. Inspection of X-Ray Equipment
Section 401.065. Inspection Agreements
Section 401.066. Surveillance Plans
Section 401.067. Local Government Inspections
Section 401.068. Impounding Sources of Radiation
Section 401.069. Memorandum of Understanding
Section 401.070. Relationship With Other Entities
Section 401.071. General Powers of Commission in Relation to Low-Level Radioactive Waste
Section 401.072. Disposal or Storage of High-Level Radioactive Waste