The commission shall consider as Tier 3 criteria the applicant's:
  (1) technical qualifications to receive, store, process, and dispose of low-level radioactive waste;
  (2) experience in management and disposal of low-level radioactive waste and other radioactive materials;
  (3) previous operating practices in this state and elsewhere, including the practices of a parent, subsidiary, or affiliated entity of the applicant, related to radioactive materials;
  (4) record of compliance with environmental statutes, rules, and licenses in this state and in any other jurisdiction, including the records of a parent or subsidiary of the applicant, subject to Texas Health and Safety Code, §401.243;
  (5) training programs proposed for its employees whose duties relate to the proposed site and activities;
  (6) monitoring, recordkeeping, and reporting plans;
  (7) low-level radioactive waste spill detection and clean-up plans for the proposed site and activities;
  (8) decommissioning and post-closure plans;
  (9) security plans;
  (10) monitoring and protection plans for workers;
  (11) emergency plans;
  (12) plans for background monitoring during the license period, including analysis of the ambient conditions of the site and analysis of established trends of the site's natural parameters, including:
    (A) natural background radioactivity levels;
    (B) radon gas levels;
    (C) air particulate levels;
    (D) soil characteristics, including chemical characteristics;
    (E) surface water and groundwater characteristics; and
    (F) flora and fauna at the site; and
  (13) ability to adequately manage the proposed land disposal facility or facilities and activities for the term of the license.

Source Note: The provisions of this §336.819 adopted to be effective January 8, 2004, 29 TexReg 150