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§ 8-402. Storage or disposal capacity required; exceptions

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 8. Radiation
Subtitle 4. Low-Level Nuclear Waste Disposal
MD Code, Environment, § 8-402
§ 8-402. Storage or disposal capacity required; exceptions
Currentness
Requirement
(a) Except as provided in subsection (b) of this section, the Department may not issue or renew a specific license unless the applicant demonstrates to the Department that there is storage or disposal capacity available inside or outside of this State for any low-level nuclear waste that the applicant may generate.
Exceptions
(b) This section does not apply:
(1) To the extent that the Department is authorized to issue a specific license under:
(i) An interstate compact or executive agreement made under § 7-227 of this article;
(ii) A rule or regulation adopted under § 8-403 of this subtitle; or
(iii) An executive order issued under § 8-406 of this subtitle;
(2) To renewal of any license originally issued before January 1, 1986;
(3) To any facility that generated low-level nuclear waste before January 1, 1986;
(4) To any hospital, medical, or educational facility; or
(5) To any low-level nuclear waste, if, under standards adopted by rule or regulation, the Department finds that:
(i) The half-life or specific activity of the low-level nuclear waste is such that, within a period of not more than 6 months, the low-level nuclear waste will not require special handling, special subsurface disposal, or special storage; and
(ii) The low-level nuclear waste can be disposed of safely in the same manner as other hazardous substances or handled as conventional waste.

Credits

Added by Acts 1982, c. 240, § 2.
Formerly Art. 43, § 689F.
MD Code, Environment, § 8-402, MD ENVIR § 8-402
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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