Section 336.702 - DefinitionsTerms used in this subchapter are defined in § 336.2 of this title (relating to Definitions). Additional terms used in this subchapter have the following definitions.
(1) Active maintenance--Any significant remedial activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives in § 336.724 of this title (relating to Protection of the General Population from Releases of Radioactivity) and § 336.725 of this title (relating to Protection of Individuals from Inadvertent Intrusion) are met. Active maintenance includes ongoing activities such as the pumping and treatment of water from a disposal unit or one-time measures such as replacement of a disposal unit cover. Active maintenance does not include custodial activities such as repair of fencing, repair or replacement of monitoring equipment, revegetation, minor additions to soil cover, minor repair of disposal unit covers, and general disposal site upkeep such as mowing grass.(2) Buffer zone--A portion of the disposal site that is controlled by the licensee and that lies under the disposal units and between the disposal units and the boundary of the disposal site.(3) Chelating agent--A chemical or complex which causes an ion, usually a metal, to be joined in the same molecule by relatively stable bonding, e.g., amine polycarboxylic acids (e.g., EDTA, DTPA), hydroxycarboxylic acids, and polycarboxylic acids (e.g., citric acid, carbolic acid, and gluconic acid).(4) Commencement of major construction--Any clearing of land, excavation, or other substantial action that would adversely affect the environment of a land disposal facility. The term does not mean disposal site exploration, necessary roads for disposal site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the disposal site or the protection of environmental values.(5) Commercial processing--The storage, extraction of materials, transfer, volume reduction, compaction, incineration, solidification, or other separation and preparation of radioactive substances from other persons for reuse or disposal, including any treatment or activity that renders the waste less hazardous, safer for transport, or amenable to recovery, storage, or disposal.(6) Commingling--Any process that combines radioactive substances from two or more generators resulting from the commercial processing of radioactive substances.(7) Containerized Class A waste--Class A low-level radioactive waste which presents a hazard because of high radiation levels. High radiation levels are radiation levels from an unshielded container that could result in an individual receiving a dose equivalent in excess of 0.1 rem (1 millisievert) in one hour at 30 centimeters from any surface of the container that the radiation penetrates.(8) Custodial agency--A government agency designated to act on behalf of the government owner of the disposal site.(9) Disposal site--That portion of a land disposal facility which is used for disposal of waste. It consists of disposal units and a buffer zone.(10) Disposal unit--A discrete portion of the disposal site into which waste is placed for disposal. For near-surface disposal, the disposal unit is usually a trench.(11) Engineered barrier--A man-made structure or device that is intended to improve the land disposal facility's ability to meet the performance objectives in this subchapter.(12) Explosive material--Any chemical compound, mixture, or device which produces a substantial instantaneous release of gas and heat spontaneously or by contact with sparks or flame.(13) Government agency--Any executive department, commission, independent establishment, or corporation, wholly or partly owned by the United States of America or the State of Texas and which is an instrumentality of the United States or the State of Texas; or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the government.(14) Hydrogeologic unit--Any soil or rock unit or zone which by virtue of its porosity or permeability, or lack thereof, has a distinct influence on the storage or movement of groundwater.(15) Inadvertent intruder--A person who might occupy the disposal site after closure and engage in normal activities, such as agriculture, dwelling construction, or other pursuits in which the person might be unknowingly exposed to radiation from the waste.(16) Incidental--Unavoidable or otherwise unintentional actions that, with respect to commingling of waste, prevents party state compact waste from being kept separate from waste from other sources without undue risk to occupational or public health and safety or the environment.(17) Intruder barrier--A sufficient depth of cover over the waste that inhibits contact with waste and helps to ensure that radiation exposures to an inadvertent intruder meet the performance objectives set forth in this subchapter, or engineered structures that provide equivalent protection to the inadvertent intruder.(18) Monitoring--Observing and making measurements to provide data to evaluate the performance and characteristics of the disposal site.(19) Party state compact waste--Low-level radioactive waste generated in a party state of the Texas Low-Level Radioactive Waste Disposal Compact.(20) Pyrophoric material--(A) Any liquid that ignites spontaneously in dry or moist air at or below 130 degrees Fahrenheit (54.5 degrees Celsius); or(B) Any solid material, other than one classed as an explosive, which under normal conditions is liable to cause fires through friction, retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious transportation, handling, or disposal hazard. Included are spontaneously combustible and water-reactive materials.(21) Reconnaissance-level information--Any information or analysis that can be retrieved or generated without the performance of new comprehensive site-specific investigations. Reconnaissance-level information includes, but is not limited to, relevant published scientific literature; drilling records required by the commission or other state agencies, such as the Railroad Commission of Texas and the Texas Natural Resources Information System; and reports of governmental agencies.(22) Site--The contiguous land area where any land disposal facility or activity is physically located or conducted including adjacent land used in connection with the land disposal facility or activity, and includes soils and groundwater contaminated by radioactive material. Activity includes the receipt, storage, processing, or handling of radioactive material for purposes of disposal at a land disposal facility.(23) Site closure and stabilization--Those actions that are taken upon completion of operations that prepare the disposal site for custodial care and that assure that the disposal site remain stable and not need ongoing active maintenance.(24) Stability--Structural stability.(25) Surveillance--Observation of the disposal site for purposes of visual detection of need for maintenance, custodial care, evidence of intrusion, and compliance with other license and regulatory requirements.(26) Waste--See "low-level radioactive waste" as defined in § 336.2 of this title.(27) Waste from other sources--Any low-level radioactive waste that is not party state compact waste.(28) Waste of international origin--Low-level radioactive waste that originates outside of the United States or territory of the United States, including waste subsequently stored or processed in the United States.30 Tex. Admin. Code § 336.702
The provisions of this §336.702 adopted to be effective June 5, 1997, 22 TexReg 4588; amended to be effective September 3, 1998, 23 TexReg 8837; amended to be effective September 14, 2000, 25 TexReg 9012; amended to be effective January 8, 2004, 29 TexReg 150; amended to be effective June 7, 2012, 37 TexReg 4057