N.Y. Comp. Codes R. & Regs. tit. 21 § 502.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 502.2 - Definitions

For purposes of this Part:

(a) Act means the Low-Level Radioactive Waste Management Act (ch. 673, L. 1986).

(b) Authority means the New York State Energy Research and Development Authority, and any successor thereto.

(c) Class means the classes of low-level radioactive waste, Class A, Class B, and Class C, as described in sections 61.55 and 61.56 of title 10, Code of Federal Regulations, as in effect on January 26, 1983.

(d) Director means the Program Director, Energy Analysis, or his designee, New York State Energy Research and Development Authority, 17 Columbia Circle, Albany, NY 12203-6399.

(e) Generate means to produce or cause the production of, or to engage in an activity which otherwise results in the creation or increase in the volume or activity, of low-level radioactive waste.

(f) Generator means a person who by his actions within New York, or through the actions within New York of any agent, employee, or independent contractor, generates low-level radioactive waste. For purposes of this Part, a person who only provides a service by arranging for the collection, transportation, treatment, storage, or disposal of low-level radioactive waste generated by others within or outside of New York is a generator only if and to the extent that such person himself generates low-level radioactive waste as a result of such activities. In such event, such person shall submit a report, pursuant to section 502.3 of this Part, only for the low-level radioactive waste such person himself generates.

(g) Licensed LLRW disposal facility means any of the three existing commercial disposal facilities at Barnwell, South Carolina, Richland, State of Washington, and Clive, Utah.

(h) Low-level radioactive waste and LLRW mean radioactive waste:

(1)

(i) that is not high-level radioactive waste, transuranic waste, spent nuclear fuel, or the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; and

(ii) which consists of or contains Class A, B, or C radioactive waste as described in sections 61.55 and 61.56 of title 10, Code of Federal Regulations, as in effect on January 26, 1983;

(2) provided that, for purposes of this Part, low-level radioactive waste does not include radioactive waste:

(i) owned or generated by the United States Department of Energy;

(ii) owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy; or

(iii) owned or generated by the Federal Government as a result of any research, development, testing, or production of any atomic weapons.

(i) Person means an individual, partnership, corporation, or other legal entity, including any State, interstate, Federal, or municipal governmental entity.

(j) Waste means material which is not in use and is no longer useful.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 502.2