| (I) an act or omission of any third party over whom
the licensee has no control.
(18) Final radon barrier--The earthen cover (or approved
alternative cover) over by-product material constructed to comply
with §336.1129(p) - (aa) of this title (relating to Technical
Requirements) (excluding erosion protection features).
(19) Groundwater--Water below the land surface in a
zone of saturation. For purposes of this subchapter, groundwater is
the water contained within an aquifer as defined in this section.
(20) Hazardous constituent--Subject to §336.1129(j)(5)
of this title (relating to Technical Requirements), "hazardous
constituent" is a constituent that meets all three of the following
tests:
(A) the constituent is reasonably expected to be in
or derived from the by-product material in the disposal area;
(B) the constituent has been detected in the groundwater
in the uppermost aquifer; and
(C) the constituent is listed in 10 Code of Federal
Regulations Part 40, Appendix A, Criterion 13.
(21) In situ leach--Refers to the actual oxidation
and dissolution of uranium in an underground formation.
(22) In situ recovery--Refers to the process of stripping,
precipitating, de-watering, and drying uranium in a surface processing
plant.
(23) Leachate--Any liquid, including any suspended
or dissolved components in the liquid, that has percolated through
or drained from the by-product material.
(24) Licensed site--The area contained within the boundary
of a location under the control of persons generating or storing by-product
materials under a license.
(25) Liner--A continuous layer of natural or man-made
materials, beneath or on the sides of a surface impoundment that restricts
the downward or lateral escape of by-product material, hazardous constituents,
or leachate.
(26) Maximum credible earthquake--That earthquake that
would cause the maximum vibratory ground motion based upon an evaluation
of earthquake potential considering the regional and local geology
and seismology and specific characteristics of local subsurface material.
(27) Milestone--An action or event that is required
to occur by an enforceable date.
(28) Operation--
(A) the period of time during which a by-product material
disposal area is being used for the continued placement of by-product
material or is in standby status for such placement. A disposal area
is in operation from the day that by-product material is first placed
in it until the day final closure begins; and
(B) the period of time during which an in situ leach
uranium recovery operation is actively leaching or recovering uranium.
(29) Point of compliance--The site-specific location
in the uppermost aquifer where the groundwater protection standard
shall be met. The objective in selecting the point of compliance is
to provide the earliest practicable warning that an impoundment is
releasing hazardous constituents to the groundwater. The point of
compliance is selected to provide prompt indication of groundwater
contamination on the hydraulically downgradient edge of the disposal
area.
(30) Principal activities--Activities authorized by
the license that are essential to achieving the purpose(s) for which
the license is issued or amended. Storage during which no licensed
material is accessed for use or disposal and activities incidental
to decontamination or decommissioning are not principal activities.
(31) Reclamation--Those activities at a uranium recovery
licensed facility that work towards achieving the criteria under this
subchapter for release of equipment, facilities and/or the site (including
land) to unrestricted use or termination of the license.
(32) Reclamation plan--
(A) for the purposes of paragraph (22) of this section
and §336.1115 of this title (relating to In situ recovery and
Expiration and Termination of Licenses; Decommissioning of Sites;
Separate Buildings or Outdoor Areas, respectively), "reclamation
plan" is the plan detailing activities to accomplish reclamation
of the licensed site (land surface) where in situ recovery and related
activities are licensed to occur. The reclamation plan shall include
a schedule for reclamation milestones that are key to the clean-up
of the in situ recovery plant location, well fields, and any by-product
waste storage location; or
(B) for the purposes of §336.1129(p) - (aa) of
this title (relating to Technical Requirements), "reclamation
plan" is the plan detailing activities to accomplish reclamation
of the by-product material disposal area in accordance with the technical
criteria of this section. The reclamation plan shall include a schedule
for reclamation milestones that are key to the completion of the final
radon barrier, including as appropriate, but not limited to, windblown
tailings retrieval and placement on the pile, interim stabilization
(including dewatering or the removal of freestanding liquids and recontouring),
and final radon barrier construction. Reclamation of by-product material
shall also be addressed in the closure plan. The detailed reclamation
plan may be incorporated into the closure plan.
(33) Restoration--Those activities that seek to return
the groundwater at an underground injection control permitted site
to restoration levels established by permit.
(34) Security--This term has the same meaning as financial
assurance.
(35) Surface impoundment--A natural topographic depression,
man-made excavation, or diked area at a conventional uranium mill,
which is designed to receive waste from the milling process which
may contain liquid wastes or wastes containing free liquids, solid
wastes, mill site demolition materials and debris, and other by-product
materials from the milling site.
(36) Unrefined and unprocessed ore--Ore in its natural
form before any processing, such as grinding, roasting, beneficiating,
or refining. Processing does not include sieving or encapsulation
of ore or preparation of samples for laboratory analysis.
(37) Uppermost aquifer--The geologic formation nearest
the natural ground surface that is an aquifer, as well as lower aquifers
that are hydraulically interconnected with this aquifer within the
facility's property boundary.
(38) Uranium recovery--Any uranium extraction or concentration
activity that results in the production of "by-product material"
as it is defined in this chapter and as it pertains to uranium ore
only. As used in this definition, "Uranium recovery" has
the same meaning as "uranium milling" in 10 Code of Federal
Regulations §40.4.
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| Source Note: The provisions of this §336.1105 adopted to be effective February 28, 2008, 33 TexReg 1570; amended to be effective March 12, 2009, 34 TexReg 1688; amended to be effective December 8, 2016, 41 TexReg 9583 |
