Sec. 401.111. CRITERIA FOR CERTAIN UNSUITABLE NEW SITES. (a) The commission, in adopting rules for the issuance of licenses under the commission's jurisdiction for new sites for processing or disposal of radioactive substances from other persons, shall adopt criteria for the designation of unsuitable sites, including:
(1) flood hazard areas;
(2) areas with characteristics of discharge from or recharge of a groundwater aquifer system; or
(3) areas in which soil conditions make spill cleanup impracticable.
(b) The commission shall consult with the Texas Water Development Board, the State Soil and Water Conservation Board, the Bureau of Economic Geology, and other appropriate state agencies in developing proposed rules. The commission by rule shall:
(1) require selection of sites in areas in which natural conditions minimize potential contamination of surface water and groundwater; and
(2) prohibit issuance of licenses for unsuitable sites as defined by the rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.223, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1367, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 7, eff. June 15, 2007.
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 D. Licensing and Registration
Section 401.101. License and Registration Requirement
Section 401.102. Application to Nuclear Reactor Facilities
Section 401.103. Rules and Guidelines for Licensing and Registration
Section 401.104. Licensing and Registration Rules
Section 401.105. Recognition of Other Licenses
Section 401.106. Exemption From Licensing or Registration Requirements or From Application of Rule
Section 401.107. License Application
Section 401.108. Financial Qualifications
Section 401.110. Determination on License
Section 401.111. Criteria for Certain Unsuitable New Sites
Section 401.113. Environmental Analysis
Section 401.114. Notice and Hearing
Section 401.115. Licenses From Other Agencies
Section 401.116. License Amendment
Section 401.117. Construction Limitation