In this subtitle the following words have the meanings indicated. “High-level nuclear waste” means: Spent nuclear reactor fuel; Liquid waste that results from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a first cycle solvent extraction system or an equivalent system; Concentrated waste from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a subsequent cycle solvent extraction system or an equivalent system; or Any solid into which any waste that is described in item (2) or (3) of this subsection has been converted. “Low-level nuclear waste” means waste that: Contains or is contaminated with radioactive material emitting primarily beta or gamma radiation; and Is neither high-level nuclear waste nor transuranic waste. “Transuranic waste” means waste material that is measured or assumed to contain at least 10 nanocuries of transuranic activity per gram of waste.

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. This section does not apply: To the extent that the Department is authorized to issue a specific license under: An interstate compact or executive agreement made under § 7-227 of this article; A rule or regulation adopted under § 8-403 of this subtitle; or An executive order issued under § 8-406 of this subtitle; To renewal of any license originally issued before January 1, 1986; To any facility that generated low-level nuclear waste before January 1, 1986; To any hospital, medical, or educational facility; or To any low-level nuclear waste, if, under standards adopted by rule or regulation, the Department finds that: 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 The low-level nuclear waste can be disposed of safely in the same manner as other hazardous substances or handled as conventional waste.

The Secretary may adopt a rule or regulation certifying that a demonstrated technology or means for the permanent disposal of low-level nuclear waste: Has been developed; Will be in operation and will provide adequate capacity at the time that the activity licensed under this title requires the availability of disposal capacity for low-level nuclear waste; and Has been approved by: The appropriate federal agency; An authorized agency of a state that is a party to a compact or agreement with this State; A regional compact or executive agreement among states to which this State is a party member; or The Department. On petition by any person, the Secretary shall schedule and conduct public hearings and make specific findings as to the conditions described in this section. The Administrative, Executive, and Legislative Review Committee of the General Assembly shall review at a public hearing each rule or regulation proposed for adoption under subsection (a) of this section. The Committee promptly shall notify the General Assembly of the text of the proposed rule or regulation and of the date of the Committee’s hearing on the proposed rule or regulation.

The following State agencies shall assist the Secretary in evaluating any technology or means for the permanent disposal of low–level nuclear waste: The State Department of Agriculture. The Maryland Department of Labor. The Department of Natural Resources. The State Department of Transportation. The Department of Planning.

The Governor may issue an executive order that suspends the requirements of § 8-402(a) of this subtitle if the Governor finds that the absence of a storage or disposal site for low-level nuclear waste, inside or outside of this State, will: Cause a cessation in this State of power generation, medical treatment, medical diagnosis, scientific research, or other activity that relies on nuclear sources; or Otherwise present a serious threat to the public safety or health. The Governor shall submit each executive order issued under this section to the General Assembly at a regular or special session. Unless an executive order issued under this section is disapproved specifically by a resolution in which a majority of the members of each house of the General Assembly concurs, an executive order issued under this section is effective 30 days after the date the executive order is submitted to the General Assembly.