Low-Level Radioactive Waste Defined

Sec. 401.004. LOW-LEVEL RADIOACTIVE WASTE DEFINED. (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 department 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 executive commissioner 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. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0900, eff. April 2, 2015.