30 Tex. Admin. Code § 35.502 - Emergency Impoundment of Radioactive Material

(a) In the event of an emergency, the commission or the executive director shall have the authority to impound or order the impoundment of radioactive material possessed by any person not equipped to observe or failing to observe the provisions of the Texas Radiation Control Act (TRCA), the rules of Chapter 336 of this title (relating to Radioactive Substance Rules), or a license or order issued by the commission under the TRCA or Chapter 336 of this title.

(b) As determined by the commission, the impounded radioactive material may be:

(1) returned to a properly licensed owner who did not cause the emergency;

(2) released as evidence to police or courts;

(3) returned to a licensee after the emergency conditions have ceased and any compliance action is settled;

(4) sold;

(5) disposed of at an authorized disposal facility; or

(6) otherwise appropriately transferred or disposed.

(c) If disposition of the impounded radioactive material is necessary to protect the public health and safety, no prior notice need be given the owner or possessor. If action is not necessary to protect the public health and safety, the commission shall give written notice to the owner and/or possessor of the intention to dispose of the material. Notice shall be given by personal service or certified mail, return receipt requested. The owner or possessor shall have 30 days from the date of personal service or mailing to make a written request for a hearing. If no hearing is requested within that time, the commission may take the proposed action.

(d) Upon disposition of impounded radioactive material, the commission may notify the owner and/or possessor of any expense the commission may have incurred during the impoundment and/or disposition and request reimbursement. If the amount is not paid within 60 days from the date of notice, the commission may request the attorney general to file suit against the owner or possessor for the amount requested. If the owner or possessor desires to contest the amount of this charge, he may request a hearing.

(e) If the commission determines from the facts available that impounded radioactive material is abandoned, with no reasonable evidence showing the owner or possessor, the commission may make such disposition of the material as it sees fit.

Notes

30 Tex. Admin. Code § 35.502

The provisions of this §35.502 adopted to be effective December 10, 1998, 23 TexReg 12413.