§673. Definitions
As used in this Act, unless the context indicates otherwise, the following terms have
the following meanings. [1983, c. 345, §§13, 14 (NEW).]
1. By-product material.
"By-product material" means:
A. Any radioactive material except special nuclear material yielded in or made radioactive
by exposure to the radiation incident to the process of producing or utilizing special
nuclear material; and [1983, c. 345, §§13, 14 (NEW).]
B. The tailings or wastes produced by the extraction or concentration of uranium or
thorium from any ore processed primarily for its source material content. [1983, c. 345, §§13, 14 (NEW).]
[
1983, c. 345, §§13, 14 (NEW)
.]
2. Civil penalty.
"Civil penalty" means any monetary penalty levied on a licensee or registrant because
of violations of statutes, regulations, licenses or registration certificates, but
does not include criminal penalties.
[
1983, c. 345, §§13, 14 (NEW)
.]
3. Closure or site closure.
"Closure or site closure" means all activities performed at a waste disposal site,
such as stabilization and contouring, to assure that the site is in a stable condition
so that only minor custodial care, surveillance and monitoring are necessary at the
site following termination of licensed operation.
[
1983, c. 345, §§13, 14 (NEW)
.]
3-A. Facility.
A "facility" means a production or utilization facility situated in this State that
holds an operating permit or license issued by the United States Nuclear Regulatory
Commission. It also means a power reactor licensee situated in the State, whether
decommissioned or not, with a possession-only license issued by the United States
Nuclear Regulatory Commission for special nuclear material, by-product material and
source material. It also includes spent fuel or high-level waste storage facilities.
[
1997, c. 686, §9 (AMD)
.]
4. Decommissioning.
"Decommissioning" means the series of activities undertaken beginning at the time
of closing of a nuclear power plant or other facility licensed by the United States
Nuclear Regulatory Commission or the department to ensure that the final disposition
of the site or any radioactive components or material, but not including spent fuel,
associated with the plant is accomplished safely in compliance with all applicable
state and federal laws. Decommissioning includes activities undertaken to prepare
a nuclear power plant or other facility for final disposition, to monitor and maintain
it after closing and to effect final disposition of any radioactive components of
the nuclear power plant or facility.
[
1987, c. 493, §1 (AMD)
.]
5. Disposal of low-level radioactive waste.
"Disposal of low-level radioactive waste" means the isolation of low-level waste
from the biosphere inhabited by people and their food chains.
[
1983, c. 345, §§13, 14 (NEW)
.]
6. High-level radioactive waste.
"High-level radioactive waste" means the highly radioactive material resulting from
the reprocessing of spent nuclear fuel, including liquid waste produced directly in
reprocessing and any solid material derived from that liquid waste that contains fission
products in sufficient concentrations; and other highly radioactive material that
the United States Nuclear Regulatory Commission, consistent with existing law, determines
by rule to require permanent isolation.
[
1983, c. 345, §§13, 14 (NEW)
.]
7. License.
"License" means a license, issued to a named person upon application filed pursuant
to the regulations promulgated pursuant to this Act, to use, manufacture, produce,
transfer, receive, acquire or possess quantities of, or devices or equipment utilizing,
radioactive material.
[
1983, c. 345, §§13, 14 (NEW)
.]
8. Low-level radioactive waste.
"Low-level radioactive waste" means radioactive material that:
A. Is not high-level radioactive waste, spent nuclear fuel, transuranic waste or by-product
material as defined in the United States Code, Title 42, Section 2014(e)(2), the Atomic
Energy Act of 1954, Section 11e(2); and [1987, c. 493, §2 (NEW).]
B. The United States Nuclear Regulatory Commission, consistent with existing law and
in accordance with paragraph A, classifies as low-level radioactive waste. [1987, c. 493, §2 (NEW).]
[
1987, c. 493, §2 (RPR)
.]
8-A. Person.
"Person" means any individual, corporation, partnership, firm, association, trust,
estate, public or private institution, group, agency of this State, political subdivision
of this State, any other state or political subdivision or agency of a state or political
subdivision and any legal successor, representative, agent or agency of the state
or political subdivision or agency, but not including Federal Government agencies.
[
1987, c. 493, §3 (NEW)
.]
9. Radiation.
"Radiation" means ionizing radiation and nonionizing radiation.
A. "Ionizing radiation" means gamma rays and x rays; alpha and beta particles, high-speed
electrons, neutrons, protons and other nuclear particles; but not sound or radio waves,
or visible, infrared or ultraviolet light. [1983, c. 345, §§13, 14 (NEW).]
B. "Nonionizing radiation" means any electromagnetic radiation, other than ionizing
electromagnetic radiation, and any sonic, ultrasonic or infrasonic wave. [1983, c. 345, §§13, 14 (NEW).]
[
1983, c. 345, §§13, 14 (NEW)
.]
10. Radiation generating equipment.
"Radiation generating equipment" means any manufactured product or device, or component
part of such a product or device, or any machine or system which during operation
can generate or emit radiation, except those which emit radiation, only from radioactive
material.
[
1983, c. 345, §§13, 14 (NEW)
.]
11. Radioactive material.
"Radioactive material" means any material which emits ionizing radiation spontaneously.
It includes accelerator-produced, by-product, naturally occurring, source and special
nuclear materials.
[
1983, c. 345, §§13, 14 (NEW)
.]
12. Registration.
"Registration" means registration with the department in accordance with rules adopted
pursuant to this Act.
[
1983, c. 345, §§13, 14 (NEW)
.]
13. Source material.
"Source material" means:
A. Uranium or thorium, or any combination thereof, in any physical or chemical form;
or [1983, c. 345, §§13, 14 (NEW).]
B. Ores which contain by weight 1/20th of 1%, 0.05%, or more of uranium, thorium or
any combination thereof. Source material does not include special nuclear material. [1983, c. 345, §§13, 14 (NEW).]
[
1983, c. 345, §§13, 14 (NEW)
.]
14. Source material mill tailings.
"Source material mill tailings" means the tailings or wastes produced by the extraction
or concentration of uranium or thorium from any ore processed primarily for its source
material content, including discrete surface wastes resulting from underground solution
extraction processes, but not including underground ore bodies depleted by those solution
extraction processes.
[
1983, c. 345, §§13, 14 (NEW)
.]
15. Source material milling.
"Source material milling" means any processing of ore, primarily for the purpose
of extracting or concentrating uranium or thorium therefrom and which results in the
production of source material mill tailings.
[
1983, c. 345, §§13, 14 (NEW)
.]
16. Sources of radiation.
"Sources of radiation" means, collectively, radioactive material and radiation generating
equipment.
[
1983, c. 345, §§13, 14 (NEW)
.]
17. Special nuclear material.
"Special nuclear material" means:
A. Plutonium, uranium 233 and uranium enriched in the isotope 233 or in the isotope
235, but does not include source material; or [1983, c. 345, §§13, 14 (NEW).]
B. Any material artificially enriched by any of the material listed in paragraph A,
but does not include source material. [1983, c. 345, §§13, 14 (NEW).]
[
1983, c. 345, §§13, 14 (NEW)
.]
18. Spent nuclear fuel.
"Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following
irradiation, the constituent elements of which have not been separated by reprocessing.
[
1983, c. 345, §§13, 14 (NEW)
.]
19. Transuranic waste.
"Transuranic waste" means radioactive waste containing alpha emitting transuranic
elements, with radioactive half-lives greater than 5 years, in excess of 10 nanocuries
per gram.
[
1983, c. 345, §§13, 14 (NEW)
.]
SECTION HISTORY
1983, c. 345, §§13,14 (NEW).
1987, c. 493, §§1-3 (AMD).
1987, c. 519, §2 (AMD).
1997, c. 686, §9 (AMD).
