Sec. 401.216. FEDERAL FACILITY WASTE DISPOSAL. (a) The commission may license the compact waste disposal facility license holder to dispose of federal facility waste. The commission may license federal facility waste disposal only at a separate and distinct facility that is operated exclusively for the disposal of federal facility waste and that is adjacent to the compact waste disposal facility.
(b) For the first five years after a license under this section is issued, the commission shall limit the overall capacity of the federal facility waste disposal facility to not more than three million cubic yards. Of that amount, the commission shall limit the total volume of waste accepted at the federal facility waste disposal facility that must be disposed of in accordance with Section 401.218 to not more than 300,000 cubic yards.
(c) Unless the commission makes an affirmative finding that increasing the capacity of the federal facility waste disposal facility would pose a significant risk to human health, public safety, or the environment, on the fifth anniversary of the date the license under this section is issued, the commission shall increase the overall capacity of the federal facility waste disposal facility by three million cubic yards, for a total capacity of six million cubic yards, and shall increase the acceptable volume of waste that must be disposed of in accordance with Section 401.218 by 300,000 cubic yards, for a total volume of 600,000 cubic yards.
(d) The commission may not allow commingling of compact waste and federal facility waste.
(e) The compact waste disposal facility license holder may not accept federal facility waste at a federal facility waste disposal facility until the license holder begins accepting compact waste at the compact waste disposal facility.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.
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 F. Special Provisions Concerning Low-Level Radioactive Waste Disposal
Section 401.201. Regulation of Low-Level Radioactive Waste Disposal
Section 401.202. Licensing Authority
Section 401.204. Acquisition of Property
Section 401.205. Responsibilities of Persons Licensed to Dispose of Low-Level Radioactive Waste
Section 401.2051. Conveyance of Waste
Section 401.206. Resident Inspector
Section 401.207. Out-of-State Waste; Nonparty Compact Waste
Section 401.208. Study of Capacity
Section 401.2085. Review of Financial Assurance
Section 401.209. Acquisition and Operation of Low-Level Radioactive Waste Disposal Sites
Section 401.210. Transfer Costs of Property
Section 401.212. Monitoring, Maintenance, and Emergency Measures
Section 401.213. Interstate Compacts
Section 401.215. Acceptance of Low-Level Radioactive Waste
Section 401.216. Federal Facility Waste Disposal
Section 401.217. Location of Disposal Facility Site
Section 401.218. Disposal of Certain Waste
Section 401.219. Techniques for Managing Low-Level Radioactive Waste
Section 401.220. Design of Facility
Section 401.222. Term of License
Section 401.223. Health Surveillance Survey
Section 401.224. Packaging of Radioactive Waste
Section 401.225. Shipment of Low-Level Radioactive Waste
Section 401.226. Improperly Processed or Packaged Low-Level Radioactive Waste
Section 401.227. Selection of Application for Compact Waste Disposal Facility License
Section 401.228. Notice to Receive Applications
Section 401.229. Application Processing Fee
Section 401.230. Receipt of Applications
Section 401.231. Administratively Complete Application
Section 401.232. Evaluation of Applications; Commission Selection
Section 401.233. Tier 1 Criteria
Section 401.234. Tier 2 Criteria
Section 401.235. Tier 3 Criteria
Section 401.236. Tier 4 Criteria
Section 401.237. Technical Review
Section 401.238. Notice of Draft License and Opportunity for Hearing
Section 401.239. Contested Case; Final Action on Application
Section 401.240. Judicial Review
Section 401.242. Acceptance of Waste
Section 401.243. Compliance History
Section 401.244. Host County Public Projects
Section 401.245. Party State Compact Waste Disposal Fees
Section 401.2455. Interim Party State Compact Waste Disposal Fees
Section 401.2456. Contracts for Nonparty Compact Waste Disposal
Section 401.246. Waste Disposal Fee Criteria
Section 401.247. Reasonable and Necessary Expenses
Section 401.248. Limitations on Low-Level Radioactive Waste Disposal
Section 401.249. Low-Level Radioactive Waste Fund
Section 401.250. Payments by Party States
Section 401.251. Low-Level Radioactive Waste Disposal Compact Commission Account