N.Y. Comp. Codes R. & Regs. tit. 6 § 381.4

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

Section 381.4 - General definitions

(a) Agreement state means any state which has entered into an effective agreement with the U.S. Nuclear Regulatory Commission pursuant to section 274(b) of the Atomic Energy Act of 1954, as amended. (See section 381.18 of this Part.)

(b) Application means the department's standard form for applying for a permit under this Part and any information required by the department under this Part.

(c) Authorized treatment, storage or disposal facility or authorized facility means a treatment, storage or disposal facility which is authorized or licensed under the laws and regulations of either the Federal government or the agreement state in which it is located, to accept low-level radioactive waste for treatment, storage or disposal and other services, including but not limited to stabilization or volume reduction.

(d) Broker or collector means a person (except for the generator's employees) who performs one or both of the following functions for a low-level radioactive waste generator:

(1) arranges for transportation of the low-level radioactive waste;

(2) collects and/or consolidates shipments of such low-level radioactive waste; provided it shall not mean a transporter whose sole function is to transport such low-level radioactive waste.

(e) Carrier or transporter means any person transporting low-level radioactive wastes into, within or through this State for storage, disposal or delivery.

(f) Consignee means the person, agent or facility to which a shipment of low-level radioactive waste is shipped.

(g) Consignor means the person, agent or facility which consigns or entrusts a shipment of low-level radioactive waste to an agent for transport to the consignee.

(h) Container means any portable device in which a material is stored, transported, treated or disposed of, or otherwise handled.

(i) Commissioner means the commissioner of the New York State Department of Environmental Conservation or a duly authorized representative.

(j) Department means the New York State Department of Environmental Conservation.

(k) Disposal means the discharge or deposit of low-level radioactive waste at an authorized treatment, storage or disposal facility for the purpose of isolating this low-level radioactive waste from the biosphere inhabited by man.

(l) ECL means chapter 43-B of the Consolidated Laws of New York State, entitled Environmental Conservation Law.

(m) Environmental restoration means restitution for the loss, damage or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water of LLRW transported by a carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damages to human health, the natural environment, fish, shellfish and wildlife.

(n) Evidence of security means a surety bond or a policy of insurance with the appropriate endorsement attached.

(o) Generate or generation, when used with respect to low-level radioactive waste, means the production, or causing the production of, or activity which otherwise results in the creation or increase in volume of low-level radioactive waste. A person who generates low-level radioactive waste includes one who personally or through the actions of any agent, employee or contractor, generates low-level radioactive waste.

(p) Generator means any person who produces, generates or possesses low-level radioactive waste in the course of or as an incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, other industrial or commercial activity, or who consolidates LLRW shipments for transport, or whose act first causes a low-level radioactive waste to be subject to regulation.

(q) Low-level radioactive waste or LLRW or waste means radioactive material 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 the U.S. Nuclear Regulatory Commission consistent with Federal law classifies as low-level radioactive waste.

(r) Manifest means a manifest document or shipping papers used for listing the quantity, composition, origin and destination of low-level radioactive waste, and any other information required under section 381.12 of this Part, during its transport to an authorized facility.

(s) Operator means every person who drives or is in actual physical control of a vehicle transporting low-level radioactive waste.

(t) Person means any individual, public or private corporation, political subdivision, government agency, department or bureau of the State or Federal government, municipality, industry, partnership, association, firm, trust, estate or any other legal entity.

(u) Permit means an authorization issued by the department to any person involved in the transportation of low-level radioactive waste.

(v) Processor means any person who treats or repackages low-level radioactive waste.

(w) Storage incidental to transport means any on-vehicle storage which occurs enroute from the point of initial low-level radioactive waste pickup to the point of final delivery for purposes such as, but not limited to, overnight on-the-road stops, stops for meals, fuel, and driver comfort, stops at the transporter's facility for weekends immediately prior to shipment, or on-vehicle storage not to exceed five days at the transporter's facility for the express purpose of consolidating loads (where such loads are not removed from their original packages or containers) for delivery to an authorized treatment, storage or disposal facility.

(x) Transfer incidental to transport means any transfer of low-level radioactive waste associated with storage incidental to transport where such material is not unpackaged, mixed or pumped from one container or truck into another.

(y) U.S. NRC means the U.S. Nuclear Regulatory Commission.

(z) Vehicle means any device or contrivance which is required by law to be registered with a state, province or the Federal government for conveyance over public roads and which is used for carrying a regulated low-level radioactive waste. In the case of a tractor-trailer combination, the trailer is considered the vehicle. In the case of a roll-off container or other similar device, the mobile flatbed or undercarriage is considered to be the vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 381.4