345 CMR, § 4.02

Current through Register 1533, October 25, 2024

Section 4.02 - Definitions

As used in 345 CMR 4.00, the following terms shall have the following meanings, unless the context otherwise clearly requires:

Board. The Low-Level Radioactive Waste Management Board.

Fund. The Low-Level Radioactive Waste Management Fund.

High Volume, Low Activity Waste. Soils, demolition rubble or other LLRW that:

(a) is produced in the course of remediating unanticipated site contamination or a site at or in which no LLRW was placed after December 8, 1987; and

(b) has average concentrations of radioactive materials less than or equal to the concentrations set forth in 345 CMR 1.13: Table 1.13B.

Licensee. Any person licensed by the U.S. Nuclear Regulatory Commission or the Department of Public Health, as of the date of the Board vote taken pursuant to 345 CMR 4.03(2)(a), to receive, possess, use, transfer or acquire radioactive materials in the Commonwealth.

Other Class A Waste. Any waste classified as Class A waste pursuant to 345 CMR 1.00 that is not high volume, low activity waste.

Person. Any agency or political subdivision of the Commonwealth or of any state, any public or private corporation or authority, individual, firm, joint stock company, partnership, association, trust, estate, institution or other entity, and any officer, employee or agent of such person, and any group of such persons, but not including any city or town to which the provisions of M.G.L. c. 29, § 27C apply or to any agency of the federal government, except as authorized by section 4(b)(1)(B) of the Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. § 2121d(b)(1)(B).

Registrant. Any person registered pursuant to the requirements of M.G.L. c. 111, § 5N or M.G.L. c. 149, § 6, as of the date of the Board vote taken pursuant to 345 CMR 4.03(2)(a), to receive, possess, use, transfer or acquire radioactive materials in the Commonwealth.

Total Proportional Assessment. The total amount to be assessed by the Board in any year, minus the total flat assessment expected to be collected by the Board in that year pursuant to 345 CMR 4.03(2)(b).

Waste Produced and Shipped for Disposal Off Site or Stored for Later Disposal. All radioactive material produced by, or in the possession of the licensee or registrant at any time which:

(a) is neither high-level waste, nor spent nuclear fuel, nor by-product material as defined in § 11(e)(2) of the Atomic Energy Act of 1954, as amended 42 U.S.C. § 2014(e)(2);

(b) is not the responsibility of the federal government, as designated in § 3(b) of the Low-Level Radioactive Waste Policy Act, as in effect on December 8, 1987, as amended, 42 U.S.C. § 2021c(b);

(c) is not being stored for decay within the storage period authorized by a current license or registration;

(d) will not be put to further productive use by any person;

(e) is not discharged as air or water effluent in accordance with applicable requirements of law;

(f) has not been included in the calculation of assessment amounts pursuant to 345 CMR 4.03(2) in any prior year; and

(g) in the case of waste stored for later disposal, is in a form acceptable for disposal at a licensed LLRW facility, or can be changed to such a form through commercially available treatment.

345 CMR, § 4.02