48-1603. Definitions.
48-1603
48-1603. Definitions.As used in this act:
(a) "By-product material" means: (1) Any radioactive material, exceptspecial nuclear material, yielded in or made radioactive by exposure tothe radiation incident to the process of producing or utilizing specialnuclear material; and (2) the tailings or wastes produced by the extractionor concentration of uranium or thorium from any ore processed primarilyfor its source material content.
(b) "Department" means the Kansas department of health and environment.
(c) "Civil penalty" means any monetary penalty levied on a licensee orregistrant because of violations of statutes, regulations, licenses orregistration certificates, but does not include criminal penalties.
(d) "Closure" or "site closure" means all activities performed at awaste disposal site, such as stabilization and contouring, to assure thatthe site is in a stable condition so that only minor custodial care,surveillance and monitoring are necessary at the site following terminationof licensed operation.
(e) "Decommissioning" means final operational activities at a facilityto dismantle site structures, to decontaminate site surfaces and remainingstructures, to stabilize and contain residual radioactive material and tocarry out any other activities to prepare the site for postoperational care.
(f) "Disposal of low-level radioactive waste" means the isolation ofsuch waste from the biosphere.
(g) "Electronic product" means any manufactured or assembled productwhich, when in operation, contains or acts as part of an electronic circuitand emits, or in the absence of effective shielding or other controls wouldemit, electronic product radiation, or any manufactured or assembled articlewhich is intended for use as a component part, or accessory of a productdescribed in this subsection and which in operation emits, or in the absenceof effective shielding or other controls would emit, such radiation.
(h) "Electronic product radiation" means any ionizing or nonionizing,electromagnetic or particulate radiation, or any sonic, infrasonic, orultrasonic wave, which is emitted from an electronic product as the resultof the operation of an electronic circuit in such product.
(i) "General license" means a license effective pursuant to rules andregulations promulgated by the secretary of health and environment, withoutthe filing of an application to transfer, acquire, own, possess or use quantitiesof, or devices or equipment utilizing by-product, source, special nuclearmaterials, or other radioactive material occurring naturally or produced artificially.
(j) "High-level radioactive waste" means: (1) Irradiated reactor fuel;(2) liquid wastes resulting from the operation of the first cycle solventextraction system, or equivalent, and the concentrated wastes fromsubsequent extraction cycles, or equivalent, in a facility for uraniumprocessing irradiated reactor fuel; and (3) solids into which such liquidwastes have been converted.
(k) "Low-level radioactive waste" means radioactive waste not classifiedas high-level radioactive waste, transuranic waste, spent nuclear fuel orby-product material as defined in subsection (a)(2).
(l) "Person" means any individual, corporation, partnership, firm,association, trust, estate, public or private institution, group, agency,political subdivision of this state, or any other state or politicalsubdivision or agency thereof, and any legal successor, representative,agency, or agency of the foregoing, other than the United States nuclearregulatory commission, or any successor thereto, and other than federalgovernment agencies licensed by the United States nuclear regulatorycommission, or any successor thereto.
(m) "Radiation" means: (1) Ionizing radiation including gamma rays,X-rays, alpha particles, beta particles, and including neutrons; (2) anyelectromagnetic radiation other than ionizing radiation which is generatedduring the operation of an electronic product; or (3) any sonic, ultrasonic,or infrasonic wave which is emitted from an electronic product as a resultof the operation of an electronic circuit in such product.
(n) "Radioactive material" means any material, solid, liquid or gas,which emits ionizing radiation spontaneously. It includes accelerator produced,by-product, naturally occurring, source and special nuclear materials.
(o) "Secretary" means the secretary of the Kansas department of healthand environment.
(p) "Source material" means: (1) Uranium, thorium, or any other materialwhich the secretary declares by order to be source material after theUnited States nuclear regulatory commission, or any successor thereto, hasdetermined the material to be such; or (2) ores containing one or more ofthe foregoing materials, in such concentration as the secretary declares byorder to be source material after the United States nuclear regulatorycommission, or any successor thereto, has determined the material in suchconcentration to be source material.
(q) "Source material mill tailings" means the tailings or waste producedby the extraction or concentration of uranium or thorium from any oreprocessed primarily for its source material content, including discretesurface wastes resulting from underground solution extraction processes butnot including underground ore bodies depleted by such solution extraction process.
(r) "Source material milling" means any processing of ore, includingunderground solution extraction of unmined ore, primarily for the purposeof extracting or concentrating uranium or thorium therefrom and whichresults in the production of source material mill tailings.
(s) "Sources of radiation" means, collectively, radioactive material andradiation generating equipment.
(t) "Special nuclear material" means: (1) Plutonium, uranium 233, uraniumenriched in the isotope 233 or in the isotope 235, and any other materialwhich the secretary declares by order to be special nuclear material afterthe United States nuclear regulatory commission, or any successor thereto,has determined the material to be such, but does not include sourcematerial; or (2) any material artificially enriched by any of the foregoing,but does not include source material.
(u) "Specific license" means a license issued after application, touse, manufacture, produce, transfer, receive, acquire, own or possess quantitiesof, or devices or equipment utilizing by-product, source, special nuclearmaterials, or other radioactive material occurring naturally or produced artificially.
(v) "Spent nuclear fuel" means irradiated nuclear fuel that hasundergone at least one year's decay since being used as a source of energyin a power reactor. Spent nuclear fuel includes the special nuclearmaterial, by-product material, source material and other radioactivematerial associated with fuel assemblies.
(w) "Transuranic waste" means radioactive waste containing alphaemitting transuranic elements, with radioactive half-lives greater thanfive years, in excess of 10 nanocuries per gram.
History: L. 1963, ch. 290, § 3; L. 1972, ch. 207, §3; L. 1975, ch. 462, § 59; L. 1984, ch. 198, § 2; July 1.