An application may be approved if the commission determines that the requirements set forth in the applicable subchapter of this chapter and Chapter 305, Subchapter C of this title (relating to Application for Permit) have been met and that:
  (1) the applicant is qualified by training and experience to conduct the proposed radioactive material activities in accordance with the rules in this chapter in such a manner as to protect and minimize danger to the public health and safety and the environment;
  (2) the applicant's proposed equipment, facilities, and procedures are adequate to protect and minimize danger to the public health and safety and the environment;
  (3) the issuance of the license will not be inimical to public health and safety nor have a long-term detrimental impact on the environment.
  (4) the applicant for a license issued under Subchapter H of this chapter (relating to Licensing Requirements for Near-Surface Land Disposal of Low-Level Radioactive Waste) has acquired the title to and any interest in land and buildings, including the surface and mineral estates, on which the facility or facilities are to be located by either having acquired:
    (A) an undivided ownership of the buildings, surface estate, and mineral estate in fee simple through purchase or completed condemnation; or
    (B) an undivided ownership of the buildings and surface estate, along with an exemption, granted by the commission in accordance with federal law for use of a surface use agreement, in lieu of acquiring fee simple title to the mineral estate; and
  (5) if applicable, the applicant has demonstrated financial capability to conduct the proposed activity, including all costs associated with decommissioning, decontamination, disposal, reclamation, and any long-term care and surveillance.

Source Note: The provisions of this §336.207 adopted to be effective September 14, 2000, 25 TexReg 8989; amended to be effective January 8, 2004, 29 TexReg 150; amended to be effective February 28, 2008, 33 TexReg 1570