§ 104E-5. Definitions.
§104E‑5. Definitions.
Unless a different meaning isrequired by the context, the following terms as used in this Chapter shall havethe meanings hereinafter respectively ascribed to them:
(1) "Agreementmaterials" means those materials licensed by the State under agreementwith the United States Nuclear Regulatory Commission and which include by‑product,source or special nuclear materials in a quantity not sufficient to form acritical mass, as defined by the Atomic Energy Act of 1954 as amended.
(2) "Agreementstate" means any state which has consummated an agreement with the UnitedStates Nuclear Regulatory Commission under the authority of section 274 of theAtomic Energy Act of 1954 as amended, as authorized by compatible statelegislation providing for acceptance by that state of licensing authority foragreement materials and the discontinuance of such licensing activities by theUnited States Nuclear Regulatory Commission.
(3) "Atomicenergy" means all forms of energy released in the course of nuclearfission or nuclear fusion or other atomic transformations.
(4) "By‑productmaterial" means any radioactive material, except special nuclear material,yielded in or made radioactive by exposure to the radiation incident to theprocess of producing or utilizing special nuclear material.
(5) "Commission"means the Radiation Protection Commission.
(6) "Department"means the State Department of Environment and Natural Resources.
(7) "Emergency"means any condition existing outside the bounds of nuclear operating sitesowned or licensed by a federal agency, and further any condition existingwithin or outside of the jurisdictional confines of a facility licensed by theDepartment and arising from the presence of by‑product material, sourcematerial, special nuclear materials, or other radioactive materials, which isendangering or could reasonably be expected to endanger the health and safetyof the public, or to contaminate the environment.
(7a) "Engineeredbarrier" means a man‑made structure or device that is intended toimprove a disposal facility's ability to meet (i) the performance objectives ofSubpart C, Title 10, Code of Federal Regulations Part 61 in effect on 1 January1987, (ii) other requirements set out in G.S. 104E‑25, and (iii)requirements of rules adopted by the Commission under this Chapter.
(8) "Generallicense" means a license effective pursuant to regulations promulgatedunder the provisions of this Chapter without the filing of an application totransfer, acquire, own, possess, or use quantities of, or devices or equipmentutilizing by‑product, source, special nuclear materials, or otherradioactive materials occurring naturally or produced artificially.
(9) "Ionizingradiation" means gamma rays and x‑rays, alpha and beta particles,high speed electrons, protons, neutrons, and other nuclear particles; but notsound or radio waves, or visible, infrared, or ultraviolet light.
(9a) "Low‑levelradioactive waste" means low‑level radioactive waste as defined inthe Low‑Level Radioactive Waste Policy Amendments Act of 1985, Pub. L. 99‑240,99 Stat. 1842, 42 U.S.C. 2021b et seq. and other waste, including wastecontaining naturally occurring and accelerator produced radioactive material,which is not regulated by the United States Nuclear Regulatory Commission orother agency of the federal government and which is determined to be low‑levelradioactive waste by the North Carolina Radiation Protection Commission.
(9b) "Low‑levelradioactive waste facility" means a facility for the storage, collection,processing, treatment, recycling, recovery, or disposal of low‑levelradioactive waste.
(9c) "Low‑levelradioactive waste disposal facility" means any low‑level radioactivewaste facility or any portion of such facility, including land, buildings, andequipment, which is used or intended to be used for the disposal of low‑levelradioactive waste on or in land in accordance with rules promulgated under thisChapter.
(10) "Nonionizingradiation" means radiation in any portion of the electromagnetic spectrumnot defined as ionizing radiation, including, but not limited to, such sourcesas laser, maser or microwave devices.
(11) "Person"means any individual, corporation, partnership, firm, association, trust,estate, public or private institution, group, agency, political subdivision ofthis State, any other state or political subdivision or agency thereof, and anylegal successor, representative, agent, or agency of the foregoing, other thanthe United States Nuclear Regulatory Commission, or any successor thereto, andother than federal government agencies licensed by the United States NuclearRegulatory Commission, or any successor thereto.
(12) "Radiation"means gamma rays and x‑rays, alpha and beta particles, high speedelectrons, protons, neutrons, and other nuclear particles, and electromagneticradiation consisting of associated and interacting electric and magnetic wavesincluding those with frequencies between three times 10 to the eighth powercycles per second and three times 10 to the twenty‑fourth power cyclesper second and wavelengths between one times 10 to the minus fourteenth powercentimeters and 100 centimeters.
(13) "Radiationmachine" means any device designed to produce or which produces radiationor nuclear particles when the associated control devices of the machine areoperated.
(14) "Radioactivematerial" means any solid, liquid, or gas which emits ionizing radiationspontaneously.
(14a) "Shallow landburial" means disposal of low‑level radioactive waste in subsurfacetrenches without the additional confinement of the waste as described in G.S.104E‑25.
(14b) "Secretary"means the Secretary of Environment and Natural Resources.
(15) "Sourcematerial" means (i) uranium, thorium, or any other material which theDepartment declares to be source material after the United States NuclearRegulatory Commission, or any successor thereto has determined the material tobe such; or (ii) ores containing one or more of the foregoing materials, insuch concentration as the Department declares to be source material after theUnited States Nuclear Regulatory Commission, or any successor thereto, hasdetermined the material in such concentration to be source material.
(16) "Special nuclearmaterial" means (i) plutonium, uranium 233, uranium 235, uranium enrichedin the isotope 233 or in the isotope 235, and any other material which theDepartment declares to be special nuclear material after the United StatesNuclear Regulatory Commission, or any successor thereto, has determined thematerial to be such, but does not include source material; or (ii) any materialartificially enriched by any of the foregoing, but does not include sourcematerial.
(17) "Specificlicense" means a license, issued after application, to use, manufacture,produce, transfer, receive, acquire, own or process quantities of, or devicesor equipment utilizing by‑product, source, special nuclear materials, orother radioactive materials occurring naturally or produced artificially.Nothing in this Chapter shall require the licensing of individual naturalpersons involved in the use of radiation machines or radioactive materials formedical diagnosis or treatment.
(18) Repealed by SessionLaws 1987, c. 850, s. 3. (1975, c. 718, s. 1; 1981, c. 704, s. 8; 1987, c. 633,ss. 1‑4; c. 850, s. 3; 1989, c. 727, s. 219(16); 1993, c. 501, s. 2.1;1995, c. 504, s. 4; 1997‑443, s. 11A.119(a).)