Section 125-F:3 - Definitions As used in this chapter:
I. "Artificially produced radioactive material" means any material made radioactive (emits radiation spontaneously) by a particle accelerator or other means other than those which produce byproduct material.II. "Byproduct material" means 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.III. "Civil penalty" means any monetary penalty levied on a licensee or registrant because of violations of statutes, rules, licenses, or registration certificates, but does not include criminal penalties.IV. "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.V. "Decommissioning" means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for post-operational care.VI. "Commissioner" means the commissioner of the department of health and human services.VII. "Department" means the department of health and human services.VII-a. "Generator" means a person who produces or treats low-level radioactive waste in the state.VIII. "High-level radioactive waste" means (a) irradiated reactor fuel,(b) liquid waste resulting from the operation of the first cycle solvent extraction system or equivalent, and concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel, and(c) solids into which such liquid waste has been converted.IX. "License" general and specific:(a) "General license" means a license pursuant to rules adopted by the program without the filing of an application with the program, or the issuance of licensing documents to particular persons to transfer, acquire, own, possess or use quantities of, or devices or equipment utilizing, radioactive material.(b) "Specific license" means a license issued to a named person upon application filed pursuant to the rules adopted under this chapter, to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment utilizing, radioactive material.X. "Low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in paragraph II.XI. "Naturally occurring radioactive material" means any material of natural origin that emits radiation spontaneously, excluding uranium and thorium.XII. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency of this state other than the program, political subdivision of this state, any other state or political subdivision or agency, and any legal successor, representative, or agent of the foregoing, other than federal government agencies.XIII. "Program" means the radiological health program of the department of health and human services.XIV. "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;(b) "Nonionizing radiation" means:(1) Any electromagnetic radiation other than ionizing radiation which the program determines by rule to present a biological hazard to the occupational or public health and safety; and(2) Any sonic, ultrasonic, or infrasonic wave which the program determines by rule to present a biological hazard to the occupational or public health or safety.XV. "Radiation equipment" means any manufactured product or device, the component part of such product or device, or any machine or system which during operation is able to generate or emit radiation, except those which emit radiation only from radioactive material.XVI. "Radioactive material" means any material, whether solid, liquid, or gas, which emits radiation spontaneously. It includes artificially produced, byproduct, naturally occurring, source, and special nuclear materials.XVII. "Radiation waste management" means receipt, storage, and processing of radioactive wastes prior to disposal or disposal of radioactive wastes.XVIII. "Registration" means registration in accordance with rules adopted pursuant to this chapter.XIX. "Source material" means (a) uranium, thorium, or any other material which the governor declares by order to be source material after the United States Nuclear Regulatory Commission or its successor has determined the material to be source material or(b) ores containing one or more of the foregoing materials in such concentration as the governor declares by order to be source material after the United States Nuclear Regulatory Commission or its successor has determined the material in such concentration to be source material.XX. "Source of radiation" means, collectively, radioactive material and radiation equipment.XXI. "Special nuclear material" means(a) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States Nuclear Regulatory Commission or its successor has determined the material to be special nuclear material, but does not include source material; or(b) any material artificially enriched by any of the foregoing, but does not include source material.XXII. "Spent nuclear fuel" means irradiated nuclear fuel that has undergone at least one year's decay since being used as a source of energy in a power reactor. Spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies.XXIII. "Transuranic waste" means radioactive waste containing alpha emitting transuranic elements, with radioactive half lives greater than 5 years in excess of 100 nanocuries per gram.1986, 169:1. 1989, 398:14. 1995, 310:74, 181, eff. Nov. 1, 1995.