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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Health and Safety Code § 401.0525: GROUNDWATER PROTECTION STANDARDS.

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Where this section sits in the code
  1. HEALTH AND SAFETY CODE
  2. TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
  3. SUBTITLE D. NUCLEAR AND RADIOACTIVE MATERIALS
  4. CHAPTER 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION
  5. SUBCHAPTER C. POWERS AND DUTIES

(a) The commission shall adopt and enforce groundwater protection standards compatible with federal standards adopted under the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.).

(b) In adopting any standards relating to nonradioactive constituents the commission shall consider the compatibility of those standards with the commission's groundwater protection standards adopted under other programs.

(c) With the exception of a permit for a facility located at the site of nuclear power reactors and nuclear research and test reactors operated by a university, in accordance with Subsection (d), the commission may not under the authority given to the agency under Section 301, 304, or 401 of the Clean Water Act (33 U.S.C. Sections 1311, 1314, and 1341) issue a general construction permit or approve a Stormwater Pollution Prevention Plan under Section 26.040, Water Code, or issue a permit under the Texas Pollutant Discharge Elimination System Program under Section 26.027, 26.028, or 26.121, Water Code, for the construction or operation of a facility that is licensed for the disposal or storage of high-level radioactive waste by the United States Nuclear Regulatory Commission under 10 C.F.R. Part 72. Section 401.005 does not apply to this subsection.

(d) A facility permitted under the exception provided by Subsection (c) may store high-level radioactive waste only at the nuclear power reactor or the nuclear research and test reactor operated by a university, at which the waste originated.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 144, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.212, eff. Sept. 1, 1995.

Amended by:

Acts 2021, 87th Leg., 2nd C.S., Ch. 2 (H.B. 7), Sec. 2, eff. September 9, 2021.

Acts 2025, 89th Leg., R.S., Ch. 1091 (H.B. 4112), Sec. 1, eff. September 1, 2025.

Collected 2026-08-27T01:47:17Z. Source file · JSON

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