§8–402.

    (a)    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)    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.