A license, license amendment, or license renewal for the receipt, storage, processing, and disposal of naturally occurring radioactive material (NORM) waste from public water systems may be issued by the commission upon finding that the issuance of the license will not constitute an unreasonable risk to the health and safety of the public or have a long-term detrimental impact on the environment and that:
  (1) the applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that protects public health and safety and the environment;
  (2) the applicant's proposed NORM waste disposal facility siting, design, construction, operation, and closure are adequate to protect the public health and safety in that the facility will provide reasonable assurance that the general population will be protected from releases of radioactivity as specified under §336.1011 of this title (relating to Performance Objectives);
  (3) the applicant has provided reasonable assurance that the applicable technical requirements of this chapter will be met;
  (4) the financial assurance meets the requirements of this chapter;
  (5) the location of the NORM waste disposal facility is compatible with the uses of surrounding environs (both the applicant's and adjacent properties'); and
  (6) the applicant meets all additional applicable requirements under the rules of the commission.

Source Note: The provisions of this §336.1009 adopted to be effective July 21, 2005, 30 TexReg 4127