(a) Manifest requirements for shipments received at licensed land disposal facilities.
  (1) Manifest forms required.
    (A) The operator of a licensed low-level radioactive waste land disposal facility shall not receive for disposal any waste which does not have a completed manifest which reflects the information requested on applicable United States Nuclear Regulatory Commission (NRC) Forms 540 (Uniform Low-Level Radioactive Waste Manifest (Shipping Paper)) and 541 (Uniform Low-Level Radioactive Waste Manifest (Container and Waste Description)) and, if necessary, on an applicable NRC Form 542 (Uniform Low-Level Radioactive Waste Manifest (Manifest Index and Regional Compact Tabulation)), as those forms and requirements are prescribed in 10 Code of Federal Regulations (CFR) §61.80, as amended (relating to Licensing Requirements for Land Disposal of Radioactive Waste) and 10 CFR §20.2006, as amended (relating to Standards for Protection Against Radiation). The NRC Forms 540 and 540A must be completed and must physically accompany the waste shipment received at the licensed land disposal facility. Upon agreement between the shipper and the licensed land disposal facility, NRC Forms 541 and 541A and 542 and 542A may be completed, transmitted, and stored in electronic media with the capability for producing legible, accurate, and complete records on the respective forms.
    (B) Copies of manifests required by this appendix may be legible carbon copies, photocopies, or computer printouts that reproduce the data in the format of the uniform manifest.
    (C) This appendix includes information requirements of the United States Department of Transportation (DOT), as codified in 49 CFR Part 172. Specific information on hazardous, medical, or other waste that is required to meet EPA rules, as codified in 40 CFR Parts 259, 261, or elsewhere, is not addressed in this appendix and must be provided on the required EPA forms. However, the required EPA forms must accompany the Uniform Low-Level Radioactive Waste Manifest required by this appendix.
  (2) Definitions. Terms used in this appendix have the definitions set forth as follows:
    (A) Computer-readable medium--Means that the regulatory agency's computer can transfer the information from the medium into its memory.
    (B) NRC Forms 540, 540A, 541, 541A, 542, and 542A--Official NRC forms referenced in this appendix, as those forms and requirements are prescribed in 10 CFR §61.80, as amended and 10 CFR §20.2006, as amended. Forms received by the licensed land disposal facility need not be the originals of these forms provided that any substitute forms are equivalent to the original documentation in respect to content, clarity, size, and location of information. Upon agreement between the shipper and the licensed land disposal facility, NRC Forms 541 (and 541A) and 542 (and 542A) may be completed, transmitted, and stored in electronic media. The electronic media must have the capability for producing legible, accurate, and complete records in the format of the uniform manifest.
    (C) Shipper--For purposes of the rules in this appendix, the waste generator, waste collector, or waste processor who offers low-level radioactive waste for transportation and consigns the waste to a licensed land disposal facility operator.
    (D) Shipping paper--NRC Form 540 and, if required, NRC Form 540A, as those forms and requirements are prescribed in 10 CFR §61.80, as amended, which include the information required by DOT in 49 CFR Part 172.
    (E) Uniform Low-Level Radioactive Waste Manifest or uniform manifest--The combination of NRC Forms 540, 541, and, if necessary, 542, and their respective continuation sheets (Forms 540A, 541A, and 542A) as needed, or equivalent, as those forms and requirements are prescribed in 10 CFR §61.80, as amended.
  (3) Information requirements. The uniform manifest for waste received for disposal at a licensed land disposal facility shall include all information required by instructions accompanying the forms and by 10 CFR §61.80, as amended. This information shall include, as appropriate, general information, shipment information, disposal container and waste information, uncontainerized waste information, multi-generator disposal container information, and certifications.
(b) Control and tracking.
  (1) The licensed land disposal facility operator shall acknowledge receipt of the waste within one week of receipt by returning, as a minimum, a signed copy of NRC Form 540 to the shipper, as this form and requirements are prescribed in 10 CFR §61.80, as amended and 10 CFR §20.2006 as amended through March 27, 1995 (60 FR 15663). The shipper to be notified is that who last possessed the waste and transferred the waste to the operator. If a discrepancy exists between materials listed on the uniform manifest and materials received, copies or electronic transfer of the affected forms must be returned indicating the discrepancy.
  (2) The land disposal facility operator shall maintain copies of all completed manifests and electronically store the information required by §336.740(i) of this title (relating to Maintenance of Records and Reports) until the commission terminates the license.
  (3) The land disposal facility operator shall notify the shipper, the Texas Department of Health, and the executive director when any shipment, or part of a shipment, has not arrived within 60 days after receipt of an advance manifest, unless notified by the shipper that the shipment has been canceled.

Source Note: The provisions of this §336.363 adopted to be effective June 5, 1997, 22 TexReg 4588; amended to be effective January 8, 2004, 29 TexReg 150