(a) A licensee may dispose of the following licensed material as if it were not radioactive:
  (1) 0.05 microcurie (1.85 kilobecquerels), or less, of hydrogen-3, carbon-14, or iodine-125 per gram of medium used for liquid scintillation counting or in vitro clinical or in vitro laboratory testing; and
  (2) 0.05 microcurie (1.85 kilobecquerels), or less, of hydrogen-3, carbon-14, or iodine-125 per gram of animal tissue, averaged over the weight of the entire animal.
(b) A licensee shall not dispose of tissue under subsection (a)(2) of this section in a manner that would permit its use either as food for humans or as animal feed.
(c) A licensee may, upon commission approval under subsection (d) of this section, dispose of licensed material listed in §336.365 of this title (relating to Appendix H. Radionuclide Concentration and Annual Activity Limits for Disposal in a Type I Municipal Solid Waste Facility or a Hazardous Waste Facility), provided that the licensed material does not exceed the specified concentration and annual activity limits, in a Type I municipal solid waste facility as defined in the commission's rules in Chapter 330 of this title (relating to Municipal Solid Waste), unless the licensed material is hazardous waste, or is combined with hazardous waste, as defined in Chapter 330 of this title. Licensed material listed in §336.365 of this title which does not exceed the specified concentration and annual activity limits and which is hazardous waste, or is combined with hazardous waste, shall be disposed of at a hazardous waste disposal facility in accordance with the commission's rules in Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste). Disposals at a Type I municipal solid waste facility or a hazardous waste disposal facility must comply with other requirements for those facilities as set forth in Chapters 330 or 335 of this title, respectively.
(d) A licensee shall apply for commission authorization, by license amendment, for the disposal of licensed material under subsection (c) of this section by submitting procedures for the following to the agency:
  (1) physical delivery of the material to the disposal facility;
  (2) surveys to be performed for compliance with subsection (e)(1) of this section;
  (3) maintaining secure packaging during transportation to the site; and
  (4) maintaining records of any disposals made under this subsection.
(e) Each licensee who disposes of licensed material under subsections (a) - (d) of this section shall:
  (1) make surveys adequate to assure that the limits specified in subsection (a) or (c) of this section are not exceeded; and
  (2) remove or otherwise obliterate or obscure all labels, tags, or other markings which would indicate that the material or contents is radioactive.
(f) Each licensee who disposes of licensed material under subsections (a) - (d) of this section shall maintain records in accordance with §336.338 of this title (relating to General Recordkeeping Requirements for Disposal).
(g) Material disposed of under this section is exempt from the requirements of §336.332 of this title (relating to Preparation of Radioactive Material for Transport).

Source Note: The provisions of this §336.225 adopted to be effective September 14, 2000, 25 TexReg 8989