1983-06-03_REVISION - M1977285 (2)

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Appendix 43-C • MEMORANDUM OF UNDERSTANDING BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND THE RAILROAD COMMISSION OF TEXAS REGARDING URANIUM SURFACE MINING AND MILLING The purpose of this Memorandum of Understanding (MOU) is to coordinate the respective jurisdictions of the state agencies with regulatory authority over the licensing and permitting of uranium surface mining and milling; to provide a consistent approach to avoid duplication; and to institute an integrated approach for licensing and permitting of uranium production from surface mining and conventional ore milling operations and for disposal of resulting byproduct material. The Texas Department of Health (TDH) has jurisdiction to regulate and license the handling, transfer, transport, storage, and disposal of radio- active 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 water and groundwater by regulated activities. The Railroad Commission of Texas (RRC) has jurisdiction to assure that • surface mining and reclamation operations are conducted in a manner that will prevent unreasonable degradation of land and water resources and adverse effects on society and the environment (Chapter 131.002(2), Natural Resources Code, V. T.C.A.), and to permit and control the disposition of wastes resulting from exploration activities associated with urani~ recovery by both surface and in situ mining operations (Chapter 131.004(3), Natural Resources Code, V. T. C.A.). Recovery of uranium ore by surface mining is subject to RRC permitting requirements, including operational monitoring of mines, mine closure and mine reclamation, and to TDH licensing requirements, including operational monitoring of mills and tailings and other impoundments, their closure, decontamination, and reclamation. While in situ uranium mining is subject to permitting requirements of the Texas Water Commission (TWC) and the licensing requirements of the TDH, the RRC has regulatory responsibility for permitting uranium exploration activity and for proper termination of exploration activities. NOW THEREFORE, the TDH and the RRC hereby agree to the following: 1. URANIUM SURFACE MINING (a) The RRC shall have responsibility for permitting and enforcement activities, including reclamation, for all uranium surface mining facilities. The regulation of uranium exploration and surface mining activities by the RRC shall cover nonradiological aspects of all exploration activity and open pit mining, and shall be 43 - 33 (April 1990)