Section 33.1-10-23-03 - DefinitionsThe terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 23.1-03, except:
1. "Applicant" means a person applying for a license under this chapter and includes any individual or entity that owns or controls the applicant.2. "Beneficial to the product" means that the radioactivity of the TENORM is necessary to the use of the product.3. "Conditional release" means release by a licensee for a specified use other than release for unrestricted use.4. "Consumer" means a member of the public exposed to TENORM from final end-use products available on a retail basis.5. "Consumer or retail product" means any product, article, or component part thereof, produced, distributed, or sold for use by a consumer in or around a permanent or temporary household or residence, or for the personal use, consumption, or enjoyment of a consumer, or for use in or around a school or playground.6. "Critical group" means the group of individuals reasonably expected to receive the greatest exposure to residual radioactivity for any applicable set of circumstances.7. "Generator" means any person whose act or process produces TENORM or whose act first causes the TENORM to become subject to regulation.8. "Purposeful dilution" means a deliberate act of the mixing of clean or unlike materials with contaminated materials for the purpose of changing waste classification or concentration of waste.9. "Product" means something produced, made, manufactured, refined, or beneficiated.10. "Radiation safety officer" means an individual with the responsibility for the overall radiation safety program on behalf of the licensee and who meets the requirements of section 33.1-10-23-28.11. "Reasonably maximally exposed individual" means a representative of a population who is exposed to TENORM at the maximum TENORM concentration measured in environmental media found at a site along with reasonable maximum case exposure assumptions. The exposure is determined by using maximum values for one or more of the most sensitive parameters affecting exposure, based on cautious but reasonable assumptions, while leaving the others at their mean value.12. "Reclaiming" means returning property to a condition or state such that the property no longer presents a health or safety hazard or threat to the environment; the term "reclaiming" includes those activities necessary to decommission the licensed facility (i.e., to remove, as a facility, safely from service and reduce residual radioactivity to a level that permits release of the property for unrestricted use and termination of the license).13. "Residual radioactivity" means radioactivity in structures, materials, soils, groundwater, and other media at a site resulting from activities under the licensee's control. This includes radioactivity from all licensed and unlicensed sources used by the licensee, but excludes background radiation. It also includes radioactive materials remaining at the site as a result of routine or accidental releases of radioactive material at the site and previous burials at the site, even if those burials were made in accordance with the provisions of 33.1-10-04.2.14. "Tank" means a stationary device, other than a container as described in subsection 2 of section 33.1-10-23-08, designed to contain an accumulation of TENORM waste, which is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, or plastic), which provide structural support.15. "Technologically enhanced naturally occurring radioactive material (TENORM)" means naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices. TENORM does not include background radiation or the natural radioactivity of rocks or soils. TENORM does not include "source material" and "byproduct material" as both are defined in the Atomic Energy Act of 1954, as amended [ 42 U.S.C. 2011 et seq.] and relevant regulations implemented by the United States nuclear regulatory commission.16. "Transfer" means the physical relocation of TENORM within a business' operation or between general or specific licensees. This term does not include commercial distribution or a change in legal title to TENORM that does not involve physical movement of those materials.17. "Total effective dose equivalent" or "TEDE" means the sum of the effective dose equivalent (for external exposures) and the committed effective dose equivalent (for internal exposures).N.D. Admin Code 33.1-10-23-03
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18