1983-06-03_REVISION - M1977285 (2)

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43.90(0)(3) • (3) All site-specific licensing decisions based on the criteria in 43.60, 43.70, 43.90, and 43.95, or alternatives proposed by • licensees/applicants shall take into account the risk to the public health and safety and the environment with due considera- tion to the economic costs involved and any other factors the Agency determines to be appropriate. (4) Any proposed alternatives to the specific requirements in 43.60, 43.70, 43.90, and 43.95 must meet the requirements of 10 CFR 150.31(d). 43.95 Land Ownership of Tailings Disposal Sites (a) These criteria relating to ownership of tailings and their disposal sites apply to all licenses terminated, issued, or renewed after November 8, 1481. (b) Unless exempted by the Commission, title to land (including any affected interests therein) which is used for the disposal of byproduct material or which is essential to ensure the long-term stability of the disposal site and title to the byproduct material shall be transferred to the State of Texas or the United States prior to the termination of the license. Material and land transferred shall be transferred without cost to the State of Texas or the United States. In cases where no ongoing site surveillance will be required, surface land ownership transfer requirements may be waived. For licenses issued before November 8, 1981, the Commission may take into account the status of the ownership of such land and interests therein, and the ability of a licensee to transfer title and custody thereof to the State. (c) Any uranium recovery facility license must contain such terms and conditions as the Agency determines necessary to assure that, prior to termination of the license, the licensee will comply with ownership requirements of 43.95 for sites used for tailings disposal. (d) For surface impoundments only, the applicant/licensee shall demon- strate a serious effort to obtain severed mineral rights and shall, in the event that fee simple title including all mineral rights cannot be obtained, provide notification in Local public land records of the fact that the land is being used for the disposal of radioactive material and is subject to a Commission license prohibiting the disruption and disturbance of the tailings. 43.150 Implementation of Memoranda of Understanding (a) A Memorandum of Understanding (MOU) between the Texas Department of Health and the Texas Water Commission (formerly the Texas Department of Water Resources) is necessary to facilitate the regulation of in situ uranium mining due to overlapping jurisdiction and concurrent statutory duties. The Agency will implement the provisions of the MOU as set forth in Appendix 43-B. • 43 - 26 (April 1990)