Any person who owns, operates, controls, or possesses an inactive disposal site and who does not hold a current radioactive material license for the inactive disposal site shall apply for a license to decommission by January 1, 2000. This subchapter does not apply to diffuse naturally occurring radioactive material (NORM) waste having concentrations of radium-226 or radium-228 of less than 2,000 pCi/g. Any decommissioning performed to fulfill this provision shall be performed by an individual who is qualified and licensed to perform the activities, ensuring that all appropriate radiation protection standards for workers and the public are met, including the maintenance of records.
  (1) If the site meets the requirements for unrestricted use of §336.603 of this title, (relating to Radiological Criteria for Unrestricted Use), the owner shall submit to the executive director the information required by §336.603(c) of this title before January 1, 2000. Once the executive director verifies that the criteria have been met, the executive director will certify in writing that the owner is in compliance with the regulations and will not require any further cleanup, unless there is new evidence that the decommissioning standards for unrestricted use were not met and that residual radioactivity remaining at the site could result in significant threat to public health and safety.
  (2) If a site is decommissioned for unrestricted use under §336.603 of this title before January 1, 2000, a license is not required. If decommissioning is completed before January 1, 2000, proof of decommissioning must be submitted to the agency before January 1, 2000, or the owner shall submit an application for license by that date. Once the executive director verifies that the criteria have been met, the executive director will certify in writing that the owner is in compliance with the regulations and will not require any further cleanup, unless there is new evidence that the decommissioning standards for unrestricted use were not met and that residual radioactivity remaining at the site could result in significant threat to public health and safety.
  (3) If a site does not meet the requirements for unrestricted use and the owner does not decommission before January 1, 2000, or if the owner plans to decommission under §336.607 of this title (relating to Criteria for License Termination under Restricted Conditions) or §336.609 of this title (relating to Alternate Criteria for License Termination), the owner shall apply for a license to decommission by January 1, 2000. The applicant shall provide the information required by this subchapter using a form provided by the agency.

Source Note: The provisions of this §336.615 adopted to be effective September 14, 2000, 25 TexReg 8989