1983-06-03_REVISION - M1977285 (2)

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Appendix 43-B • MEMORANDUM OF UNDERSTANDING ON IN SITU URANIUM MINING BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND THE TEXAS WATER COMMISSION The purpose of this Memorandum of Understanding (MOU) is to implement and coordinate the requirements of the agencies in the licensing and permitting programs, to provide a consistent approach to avoid duplication and to institute an integrated approach for licensing and permitting of in situ uranium mining operations. The Texas Department of Health (TDH) has primary jurisdiction to regulate and license the handling, transfer, transport, storage and disposal of radioactive materials Chapter 401, Health and Safety Code, as amended by Chapters 172, 840, 913, and 930, Acts of the 71st Legislature, Regular Session, 1989. The TDH evaluates the impact of sources of radiation on the occupational and public health and safety and the environment and, after consultation with appropriate state agencies, adopts rules to require minimization of radiological contamination of surface and groundwater by regulated activities. The Texas Water Commission (TWC) has primary jurisdiction to prevent contamination of water in the state including groundwaters (Texas Water Code, Chapter 26) and to regulate injection wells other than wells • regulated by the Railroad Commission of Texas (RRC) (Texas Water Code, Chapter 27). In situ uranium mining is subject to TWC permitting requirements, including monitoring and restoration, and to TDH licensing requirements, including monitoring, reclamation, decontamination, and decommissioning. NOW THEREFORE, the TDH and the TWC hereby agree to the following: 1. The TDH shall have primary responsibility for licensing and enforce- ment activities for above-ground process plant facilities exclusive of wellhead assemblies, well monitoring equipment, fluid holding ponds, and preinjection equipment associated with waste disposal wells. The TDH will review the applicant's design, construction, operation, recordkeeping, maintenance, and closure plans to ensure that they meet TDH standards. 2. The TWC shall have primary responsibility for permitting and enforce- ment activities for all wells, wellhead assemblies, and groundwater monitoring equipment. The TWC will review the applicant's design, construction, operation, record keeping, maintenance, and closure plans to ensure that they meet TWC standards. The TWC is further respon- sible for reviewing the design and operations plans for groundwater monitoring, and excursion detection and response, in consultation with the TDH. Preinjection equipment associated with waste disposal wells (tanks, filters, pumping stations, etc.) shall be the primary permit- . ling and enforcement responsibility of the TWC. 43 - 29 (April 1990)