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<br />Appendix 43-B (Continued) <br />MEMORANDUM OF UNDERSTANDING ON • <br />IN SITU URANIUM MINING BETWEEN <br />THE TEXAS DEPARTMENT OF HEALTH AND <br />THE TEXAS WATER COMMISSION <br />3. The TDH and the TWC are responsible for the review, permitting, <br />licensing, and enforcement activities for fluid holding ponds. The <br />TDH and the TWC will review the applicant's design, construction, <br />operation, record keeping, maintenance, and closure plans to ensure <br />that they meet the respective agency standards. The TDH and the TWC <br />may coordinate inspections, sampling programs, and enforcement <br />actions. <br />4. Each agency will encourage applicants to attend a preapplication <br />meeting with representatives from each agency in attendance. <br />5. Applications and other information required by the TWC will be <br />accepted as part of the application to the TDH. The TDH will forward <br />one copy of any application for a radioactive material license for in <br />situ uranium mining to the TWC. Subsequent information bearing on the <br />technical merit of the applications or other substantive issues <br />received by either agency will be forwarded to the other agency. <br />6. TDH licenses will contain a provision that licensees must comply with <br />TWC permit requirements. TWC permits will contain a provision that • <br />permittees must comply with TDH license requirements which protect <br />occupational and public health and safety and the environment. <br />7. The TWC will continue to require reporting of all spills. The TDH <br />will require reporting of spills pursuant to the Texas Regulations for <br />the Control of Radiation promulgated by the Texas Board of Health. <br />8. The 1WC will be the agency for regulating discharges into waters in <br />the state. <br />9. The TDH shall have primary responsibility for enforcement of the <br />conditions of its licenses, regulations, and rules. The TWC shall <br />have primary responsibility for enforcement of the conditions of its <br />permits, regulations, and rules. Each agency will refer to the other <br />agency any complaints received which are the primary responsibility of <br />the other agency. When deemed appropriate by both agencies, the TWC <br />and the TDH may jointly enforce permit and license terms and condi- <br />tions; may hold joint public hearings; and may make joint inspections <br />and cooperate on enforcement actions. Nothing herein shall preclude <br />either agency from undertaking individual enforcement or legal <br />actions. Joint hearings procedures will be pursuant to TWC rules. <br />Decisions will be made by the appropriate separate authorities, as <br />provided by law. <br />• <br />43 - 30 (April 1990) <br />