641—40.77 (136C) Disposal of certain by-product material.
	   40.77(1) Licensed material, as defined in paragraphs “3” and “4” of the definition of “by-product material” set forth in 641—Chapter 38, may be disposed of in accordance with 10 CFR Part 61, even though the material is not defined as low-level radioactive waste. Therefore, any licensed by-product material being disposed of at a facility, or transferred for ultimate disposal at a facility licensed under 10 CFR Part 61, must meet the requirements of 641—40.75(136C).
	   40.77(2) A licensee may dispose of licensed material, as defined in paragraphs “3” and “4” of the definition of “by-product material” set forth in 641—Chapter 38, at a disposal facility authorized to dispose of such material in accordance with any federal or state solid or hazardous waste law, including the Solid Waste Disposal Act, as authorized under the Energy Policy Act of 2005.
[ARC 8982B, IAB 8/11/10, effective 9/15/10]