§ 1651. Definitions
In this chapter:
(1) “By-product material” means each of the following:
(A) Any radioactive material, other than special nuclear material, that is yielded in
or made radioactive by exposure to the radiation incident to the process of producing
or utilizing special nuclear material.
(B) The tailings or wastes produced by the extraction or concentration of uranium or thorium
from any ore processed primarily for its source material content, including discrete
surface wastes resulting from uranium solution extraction processes. However, “by-product
material” does not include underground ore bodies depleted by these solution extraction
operations.
(C) Any discrete source of radium-226 that is produced, extracted, or converted after
extraction for use for a commercial, medical, or research activity.
(D) Any material that has been made radioactive by use of a particle accelerator and is
produced, extracted, or converted after extraction for use for a commercial, medical,
or research activity.
(E) Any discrete source of naturally occurring radioactive material, other than source
material, that is extracted or converted after extraction for use in a commercial,
medical, or research activity, if the Governor, after determination by the NRC, declares
by order that the source would pose a threat similar to the threat posed by a discrete
source of radium-226 to the public health and safety.
(2) “Commissioner” means the Commissioner of Health.
(3) “Department” means the Department of Health.
(4) “General license” means a license effective under rules adopted by the State radiation
control agency without the filing of an application to transfer, acquire, own, possess,
or use quantities of, or devices or equipment utilizing by-product, source, or special
nuclear materials or other radioactive material occurring naturally or produced artificially.
(5) “Ionizing radiation” means gamma rays and X-rays, alpha and beta particles, high speed
electrons, neutrons, protons, and other nuclear particles.
(6) “Nonionizing radiation” means radiations of any wavelength in the entire electromagnetic
spectrum except those radiations defined in this section as ionizing. Nonionizing
radiations include ultraviolet, visible, infrared, microwave, radiowave, low frequency
electromagnetic radiation; infrasonic, sonic, and ultrasonic waves; electrostatic
and magnetic fields.
(7) “NRC” means the U.S. Nuclear Regulatory Commission or any successor agency of the
United States to the Commission.
(8) “Radioactive material” means any material, whether solid, liquid, or gas, that emits
ionizing radiation spontaneously. The term includes material made radioactive by a
particle accelerator, by-product material, naturally occurring radioactive material,
source material, and special nuclear material.
(9) “Specific license” means a license, issued to a named person after application to
use, manufacture, produce, transfer, receive, acquire, own, or possess quantities
of, or devices or equipment utilizing byproduct, source, or special nuclear materials
or other radioactive material occurring naturally or produced artificially.
(10) “Source material” means each of the following:
(A) uranium, thorium, or any combination of those elements, in any physical or chemical
form;
(B) any other material that the Governor declares by order to be source material after
the NRC has determined the material to be source material; or
(C) ores that contain uranium, thorium, or any combination of those elements in a concentration
by weight of 0.05 percent or more or in such lower concentration as the Governor declares
by order to be source material after the NRC has determined the material in such concentration
to be source material.
(11) “Special nuclear material” means:
(A) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235,
and any other material that the Governor declares by order to be special nuclear material
after the NRC has determined the material to be such special nuclear material, but
does not include source material; or
(B) any material artificially enriched by any elements, isotopes, or materials listed
in subdivision (A) of this subdivision (11), but does not include source material. (Added 1967, No. 27, § 1; amended 1977, No. 83, § 1; 2015, No. 82 (Adj. Sess.), § 1; 2023, No. 6, § 120, eff. July 1, 2023.)