By: Bivins S.B. No. 1697
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the processing, storage, and disposal of radioactive
1-2 waste, low-level radioactive waste, and mixed waste.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter F, Chapter 401, Health and Safety
1-5 Code, is amended by adding Sections 401.2031, 401.2071, and
1-6 401.2072 to read as follows:
1-7 Sec. 401.2031. MIXED WASTE DISPOSAL LICENSE RESTRICTION.
1-8 (a) The commission may not issue a radioactive waste disposal
1-9 license for mixed waste unless the applicant holds a permit to
1-10 operate a hazardous waste landfill.
1-11 (b) A person may not dispose of mixed waste in a county that
1-12 has:
1-13 (1) a population of more than 25,000; or
1-14 (2) an average rainfall of more than 18 inches of
1-15 rainfall per year.
1-16 (c) In this section, "mixed waste" means a combination of
1-17 hazardous waste, as that term is defined by Section 361.003, and
1-18 low-level waste, as that term is defined by Section 402.003.
1-19 Sec. 401.2071. OUT-OF-STATE MIXED WASTE. (a) A person who
1-20 holds a license for processing, storage, or disposal of mixed waste
1-21 may accept mixed waste that is generated in another state for
1-22 processing, storage, or disposal in accordance with the applicable
1-23 permit conditions.
2-1 (b) In this section, "mixed waste" means a combination of
2-2 hazardous waste, as that term is defined by Section 361.003, and
2-3 low-level waste, as that term is defined by Section 402.003.
2-4 Sec. 401.2072. STORAGE OF CERTAIN LOW-LEVEL RADIOACTIVE
2-5 WASTE. A license holder who accepts from another person for
2-6 storage or processing low-level radioactive waste, as that term is
2-7 defined by Section 402.003, generated in this or another state may
2-8 store the waste until the later of:
2-9 (1) one year after the date on which the disposal site
2-10 authorized under Chapter 402 opens and begins accepting low-level
2-11 radioactive waste for disposal; or
2-12 (2) one year after the date on which the license
2-13 holder accepts the waste.
2-14 SECTION 2. Section 401.207, Health and Safety Code, is
2-15 amended to read as follows:
2-16 Sec. 401.207. OUT-OF-STATE WASTE. A license holder may not
2-17 accept radioactive waste generated in another state for <processing
2-18 or> disposal under a license issued by the department unless the
2-19 waste is:
2-20 (1) accepted under a compact to which the state is a
2-21 contracting party;
2-22 (2) from a state having an operating radioactive waste
2-23 disposal site at which the state is willing to accept radioactive
2-24 waste generated in this state; or
2-25 (3) generated from manufactured sources or devices
3-1 originating in this state.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.