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RULE §336.1203Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

  (1) Commencement of major construction--Any major structural erection or major alterations to existing structures, or other substantial action that would change the facility design or site for the purpose of establishing a radioactive substances processing or storage facility. The term does not mean the acquisition of existing structures or minor changes thereto.

  (2) Decommissioning--The final activities carried out at a radioactive substances processing or storage site after completion of processing operations to remove safely from service and reduce residual radioactivity to a level that permits release of the property for unrestricted use and/or termination of the license. Such activities must include:

    (A) disposing of all radioactive substances at a licensed radioactive waste disposal site;

    (B) dismantling or decontaminating site structures;

    (C) decontaminating site surfaces and remaining equipment; and

    (D) conducting final closure surveys, decontamination, and reclamation of the site.

  (3) Disposal--Isolation or removal of radioactive substances from mankind and his environment. The term does not include emissions and discharges under rules of the agency.

  (4) Engineered barriers--Man-made devices to contain or limit the potential movement of radioactive material, which might result from spills or other accidents.

  (5) Floodplain--The lowland and relatively flat areas adjoining inland and coastal waters, including flood prone areas of off-shore islands.

  (6) Local government--A county, an incorporated city or town, a special district, or other political subdivision of the state.

  (7) Major aquifer--An aquifer that yields large quantities of water in a comparatively large area of the state. Major aquifers are located in the following formations: Ogallala, Alluvium and Bolsom Deposits, Edwards-Trinity (Plateau), Edwards (Balcones Fault Zone - San Antonio Region), Edwards (Balcones Fault Zone - Austin Region), Trinity Group, Carrizo-Wilcox, and Gulf Coast.

  (8) Natural barriers--The natural characteristics of a site or surface and subsurface composition that serves to impede the movement of radioactive material. Natural barriers may include, for example, the location of a facility remote from an aquifer, or the sorptive capability of the soil surrounding a facility.

  (9) Processing--The storage, extraction of materials, transfer, volume reduction, compaction, incineration, solidification, or other separation and preparation of radioactive substances from other persons for reuse or disposal, including any treatment or activity that renders the waste less hazardous, safer for transport, or amenable to recovery, storage, or disposal.

  (10) Radioactive substances processing facility--A facility where radioactive substances received from other persons are processed and/or repackaged according to United States Department of Transportation (DOT) regulations.

  (11) Radioactive substances storage facility--A facility where radioactive substances received from other persons are stored while awaiting shipment to a licensed radioactive substances processing or disposal facility.

  (12) Reconnaissance level information--Any information or analysis that can be retrieved or generated without the performance of new comprehensive site-specific investigations. Reconnaissance level information includes, but is not limited to, relevant published scientific literature; drilling records required by state agencies, such as the Railroad Commission of Texas, the Texas Commission on Environmental Quality, and the Texas Natural Resources Information System; and reports of governmental agencies.

  (13) Site--The real property, including the buffer zone, on which a radioactive substances processing or storage facility may be located.

  (14) Site monitoring--The procedures for the monitoring of the site and environment to assess quality of site operations and performance and to detect and quantify levels and types of radioactivity and chemicals in the environment. It includes preoperational, operational, and license termination phases.

  (15) Site operations--The routine day-to-day activities carried out at the site for the receipt, processing, and storage of radioactive substances.

  (16) Site suitability--The capability of the various characteristics of a processing or storage facility or site to safely contain the radioactive substances expected to be present at the site.

  (17) Sole source aquifer--The aquifer that is the sole or principal source of drinking water for an area designated under the Safe Drinking Water Act of 1974, 42 United States Code Annotated 300f, et seq.

  (18) Waste processing and storage categories--Radionuclides classified as follows:

    (A) any one of seven groups into which radionuclides in normal form are classified, according to their toxicity and their relative potential hazard in transport, as specified in §336.1231 of this title (relating to Radioactive Substances Processing and Storage Categories of Radionuclides); and

    (B) any radionuclide not specifically listed in one of the categories in §336.1231 of this title shall be assigned to one of the categories in accordance with §336.1231(b) of this title.

  (19) Wetlands--Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include playa lakes, swamps, marshes, bogs, and similar areas.

Source Note: The provisions of this §336.1203 adopted to be effective February 28, 2008, 33 TexReg 1570

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