Sec. 401.245. PARTY STATE COMPACT WASTE DISPOSAL FEES. (a) A compact waste disposal facility license holder who receives party state compact waste for disposal pursuant to the compact shall have collected a waste disposal fee to be paid by each person who delivers party state compact waste to the compact waste disposal facility for disposal.
(b) The commission by rule shall adopt and periodically revise party state compact waste disposal fees under this section according to a schedule that is based on the projected annual volume of low-level radioactive waste received, the relative hazard presented by each type of low-level radioactive waste that is generated by the users of radioactive materials, and the costs identified in Section 401.246.
(c) In determining relative hazard, the commission shall consider the radioactive, physical, and chemical properties of each type of low-level radioactive waste.
(d) Rules adopted under this section may include provisions establishing:
(1) classification of customers and services; and
(2) applicability of fees.
(e) Fees adopted under this section must be consistent with the criteria listed under Section 401.246.
(f) A rule or order adopted by the commission under this section may not conflict with a ruling of a federal regulatory body.
(g) For the purposes of a contested case involving the adoption of fees under this section, only a party state generator of low-level radioactive waste may be considered a person affected.
(h) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1159, Sec. 13(1), eff. September 1, 2013.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 5.01, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 878, Sec. 17, eff. June 18, 1993; Acts 1999, 76th Leg., ch. 1367, Sec. 33, eff. Sept. 1, 1999. Renumbered from Health and Safety Code Sec. 402.272 and amended by Acts 2003, 78th Leg., ch. 1067, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 13(1), eff. September 1, 2013.
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