1. (a) Except as provided by Subsection (b), "low-level radioactive waste" means radioactive material that:

   1. (1) is discarded or unwanted and is not exempt by department rule adopted under Section 401.106;
   2. (2) is waste, as that term is defined by 10 C.F.R. Section 61.2; and

   3. (3) is subject to:

      1. (A) concentration limits established under 10 C.F.R. Section 61.55, or compatible rules established by the executive commissioner or commission, as applicable; and
      2. (B) disposal criteria established under Title 10, Code of Federal Regulations, or established by the department or commission, as applicable.

2. (b) "Low-level radioactive waste" does not include:

   1. (1) high-level radioactive waste as defined by 10 C.F.R. Section 60.2;
   2. (2) spent nuclear fuel as defined by 10 C.F.R. Section 72.3;
   3. (3) by-product material described by Section 401.003(3)(B);
   4. (4) naturally occurring radioactive material waste that is not oil and gas NORM waste; or
   5. (5) oil and gas NORM waste.

Added by Acts 1999, 76th Leg., ch. 1367, Sec. 2, eff. Sept. 1, 1999.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0900, eff. April 2, 2015.