Section 8-402 - Storage or disposal capacity required; exceptions. - Maryland Statutes

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

(a)  Requirement.- 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. 

(b)  Exceptions.- 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. 
 

[An. Code 1957, art. 43, § 689F; 1982, ch. 240, § 2.]