(a) Except as provided by Subsection (b), “low-level radioactive waste” means radioactive material that:
(1) is discarded or unwanted and is not exempt by department rule adopted under § 401.106;
(2) is waste, as that term is defined by 10 C.F.R. § 61.2; and
(3) is subject to:
(A) concentration limits established under 10 C.F.R. § 61.55, or compatible rules established by the executive commissioner or commission, as applicable; and
(B) disposal criteria established under Title 10, Code of Federal Regulations, or established by the department or commission, as applicable.
(b) “Low-level radioactive waste” does not include:
(1) high-level radioactive waste as defined by 10 C.F.R. § 60.2;
(2) spent nuclear fuel as defined by 10 C.F.R. § 72.3;
(3) by-product material described by § 401.003(3)(B);
(4) naturally occurring radioactive material waste that is not oil and gas NORM waste; or
(5) oil and gas NORM waste.