North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-03 - Definitions

Current through Supplement No. 393, July, 2024
The 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).
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