Sec. 401.004. LOW-LEVEL RADIOACTIVE WASTE DEFINED  


Latest version.
  • (a) Except as provided by Subsection (b), "low-level radioactive waste" means radioactive material that:

    (1) is discarded or unwanted and is not exempt by board rule adopted under Section 401.106;

    (2) is waste, as that term is defined by 10 C.F.R. Section 61.2; and

    (3) is subject to:

    (A) concentration limits established under 10 C.F.R. Section 61.55, or compatible rules established by the department or commission, as applicable; and

    (B) disposal criteria established under Title 10, Code of Federal Regulations, or established by the department or commission, as applicable.

    (b) "Low-level radioactive waste" does not include:

    (1) high-level radioactive waste as defined by 10 C.F.R. Section 60.2;

    (2) spent nuclear fuel as defined by 10 C.F.R. Section 72.3;

    (3) by-product material described by Section 401.003(3)(B);

    (4) naturally occurring radioactive material waste that is not oil and gas NORM waste; or

    (5) oil and gas NORM waste.

Added by Acts 1999, 76th Leg., ch. 1367, Sec. 2, eff. Sept. 1, 1999.