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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
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Subtitle D. NUCLEAR AND RADIOACTIVE MATERIALS |
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Chapter 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION |
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Subchapter F. SPECIAL PROVISIONS CONCERNING LOW-LEVEL RADIOACTIVE WASTE DISPOSAL |
Sec. 401.245. PARTY STATE COMPACT WASTE DISPOSAL FEES
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(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) The administrative law judge assigned to the contested case involving the adoption of fees under this section shall issue a proposal for decision on fees proposed by the commission not later than the first anniversary of the date the State Office of Administrative Hearings assumes jurisdiction of the case.