Section 33-24-05-850 - Definitions applicable to the conditional exemption for low-level mixed waste storage, treatment, transportation, and disposalFor sections 33-24-05-850 through 33-24-05-929, use the following special definitions:
1. "Agreement state" means a state that has entered into an agreement with the nuclear regulatory commission under subsection 274b of the Atomic Energy Act of 1954, as amended [68 Stat. 919], to assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass. North Dakota is an agreement state.2. "Certified delivery" means certified mail with return receipt requested, or equivalent courier service, or other means, that provides the sender with a receipt confirming delivery.3. "Eligible naturally occurring or accelerator-produced radioactive material, or both (NARM)" is NARM that is eligible for the transportation and disposal conditional exemption. It is a NARM waste that contains hazardous waste, meets the waste acceptance criteria of, and is allowed by applicable state NARM regulations to be disposed of at a low-level radioactive waste disposal facility licensed in accordance with 10 CFR part 61 or nuclear regulatory commission agreement state equivalent regulations. 4. "Exempted waste" means a waste that meets the eligibility criteria in section 33-24-05-856 and meets all of the conditions in section 33-24-05-857, or meets the eligibility criteria in section 33-24-05-890 and complies with all the conditions in section 33-24-05-895. Such waste is conditionally exempted from the regulatory definition of hazardous waste described in section 33-24-02-03.5. "Hazardous waste" means any material which is defined to be hazardous waste in accordance with section 33-24-02-03.6. "Land disposal restriction treatment standards" means treatment standards, under sections 33-24-05-250 through 33-24-05-299, that a hazardous waste must meet before it can be disposed of in a permitted hazardous waste land disposal unit.7. "License" means a license issued by the nuclear regulatory commission, or nuclear regulatory commission agreement state, to users that manage radionuclides regulated by nuclear regulatory commission, or nuclear regulatory commission agreement states, under authority of the Atomic Energy Act of 1954, as amended.8. "Low-level mixed waste" is a waste that contains both low-level radioactive waste and hazardous waste.9. "Low-level radioactive waste" is a radioactive waste which contains source, special nuclear, or byproduct material, and which is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11e.(2) of the Atomic Energy Act. See also nuclear regulatory commission definition of "waste" at 10 CFR 61.2.10. "Mixed waste" means a waste that contains both hazardous waste and source, special nuclear, or byproduct material subject to the Atomic Energy Act of 1954, as amended.11. "Naturally occurring radioactive material, accelerator-produced radioactive material, or both (NARM)" means radioactive materials that:a. Are naturally occurring and are not source, special nuclear, or byproduct materials (as defined by the Atomic Energy Act); orb. Are produced by an accelerator. NARM is regulated by the states under state law, or by department of energy (as authorized by the Atomic Energy Act) under department of energy orders.
12. "Nuclear regulatory commission" means the United States nuclear regulatory commission.N.D. Admin Code 33-24-05-850
Effective December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04