(a) Content of license application. An applicant for a license to authorize possession of disposed radioactive material and subsequent decommissioning of an inactive disposal site shall submit the information required in Chapter 305 of this title (relating to Consolidated Permits), and the following, using the application form provided by the agency:
  (1) information on the concentration and total activity of each radionuclide disposed of, packaging of the wastes, the characteristics of the disposal site (e.g., geological, hydrological, and topographical), as-built disposal trench or landfill construction, final cover construction, and depth of burial of wastes. This information shall be as complete and accurate as possible based on the full extent of information available to the applicant about the previous disposal activities;
  (2) a description of any radiological monitoring performed at the site and the resulting data;
  (3) the technical qualifications and identity of personnel responsible for radiation safety functions at the site;
  (4) a description of the methods of restricting access to the site (e.g., fencing) and any permanent site markers;
  (5) information on land ownership and any covenants on land use imposed by recorded title documents;
  (6) a decommissioning plan that meets the standards in this subchapter including an evaluation of the alternative of disposing of the radioactive material at a licensed disposal facility;
  (7) information regarding financial assurance for decommissioning as provided for in §336.619 of this title (relating to Financial Assurance for Decommissioning); and
  (8) for license applications other than renewals, a description of how facility design and procedures for operation minimize, to the extent practicable, contamination of the facility and the environment, facilitate eventual decommissioning, and minimize, to the extent practicable, the generation of radioactive wastes.
(b) Content of application for renewal of license.
  (1) An applicant for renewal of a license authorizing possession of disposed radioactive material in an inactive disposal site or to decommission an inactive disposal site shall submit information using the application form provided by the agency on:
    (A) the current conditions of the site (e.g., site stability and any maintenance performed at the site);
    (B) any radiological monitoring performed at the site by the licensee and the resulting data;
    (C) the methods of restricting access to the site;
    (D) any changes in or additions to the procedures or information contained in previous applications;
    (E) the technical qualifications and identity of personnel responsible for radiation safety functions at the site;
    (F) a decommissioning plan that meets the standards in this subchapter, if not previously submitted, including an evaluation of the alternative of disposing of the radioactive material at a licensed disposal facility; and
    (G) financial assurance for decommissioning as provided for in §336.619 of this title.
  (2) The executive director may request additional information, such as that required by subsection (a) of this section, if this information was not previously provided for the site or is not current.
(c) Performance objectives. The applicant's submittal shall include sufficient information to enable the executive director to assess the potential hazard to public health and safety and to determine whether the disposal site will have a significant impact on the environment. The executive director shall evaluate existing inactive disposal sites on a case-by-case basis and shall consider the following general criteria and performance objectives in making the evaluation.
  (1) Radiation exposure and release of radioactive materials from a disposal site shall be maintained as low as is reasonably achievable. Reasonable assurance must be provided that the potential dose to an individual on or near the site will be within acceptable limits. The estimated committed effective dose equivalent resulting from a radiological assessment of a site will usually be the determining factor in the granting of authorization for a disposal site. If the projected dose to a member of the public exceeds 25 millirems per year, the executive director shall consider other factors in determining whether to grant authorization for the site, including, but not limited to, the use of institutional controls to restrict access for a specified period of time.
  (2) The location and characteristics of a site shall be such as to preclude potential offsite migration or transport of radioactive materials or ready access to critical exposure pathways.
  (3) The general topography of the disposal site shall be compatible with its use for waste burial. As an example, surface features shall direct surface water drainage away from the disposal site. Wastes must not be buried in locations which, once covered, would tend to collect surface water. The characteristics of the site shall minimize, to the extent practicable, the potential for erosion and contact of percolating or standing water with wastes.
  (4) Water-bearing strata shall be a minimum of ten feet below the depth at which waste is buried.
  (5) Waste shall be emplaced in a manner that minimizes the void spaces between packages and permits the void spaces to be filled.
  (6) Void spaces between waste packages shall be filled with earth or other material to reduce future subsidence within the fill.
  (7) Cover design shall minimize water infiltration to the extent practicable, direct percolating or surface water away from the disposed waste, and resist degradation by surface geologic processes and biotic activity.
  (8) In general, a site authorized under this subchapter shall be located, designed, operated, and closed so that long-term isolation and custodial care for long-term stability would not be required beyond the time the licensee can reasonably be expected to occupy the site. If a site does not meet this objective, requirements for long-term care shall be evaluated.
  (9) The location of a disposal site shall be compatible with the uses of surrounding environs (both the applicant's and adjacent properties).

Source Note: The provisions of this §336.617 adopted to be effective September 14, 2000, 25 TexReg 8989