North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LOW-LEVEL MIXED WASTES › Section 33-24-05-850 - Definitions applicable to the conditional exemption for low-level mixed waste storage, treatment, transportation, and disposal

Current through Supplement No. 393, July, 2024
For sections
					 33-24-05-850 through 33-24-05-929,
					 use the following special definitions:
1. "Agreement state" means a state that has
				  entered into an agreement with the nuclear regulatory commission under
				  subsection 274b of the Atomic Energy Act of 1954, as amended [68 Stat. 919], to
				  assume responsibility for regulating within its borders byproduct, source, or
				  special nuclear material in quantities not sufficient to form a critical mass.
				  North Dakota is an agreement state.
2. "Certified delivery" means certified mail
				  with return receipt requested, or equivalent courier service, or other means,
				  that provides the sender with a receipt confirming delivery.
3. "Eligible naturally occurring or
				  accelerator-produced radioactive material, or both (NARM)" is NARM that is
				  eligible for the transportation and disposal conditional exemption. It is a
				  NARM waste that contains hazardous waste, meets the waste acceptance criteria
				  of, and is allowed by applicable state NARM regulations to be disposed of at a
				  low-level radioactive waste disposal facility licensed in accordance with 10
				  CFR part 61 or nuclear regulatory commission agreement state equivalent
				  regulations.
4. "Exempted waste"
				  means a waste that meets the eligibility criteria in section
				  33-24-05-856 and meets all of the
				  conditions in section
				  33-24-05-857, or meets the
				  eligibility criteria in section
				  33-24-05-890 and complies with all
				  the conditions in section
				  33-24-05-895. Such waste is
				  conditionally exempted from the regulatory definition of hazardous waste
				  described in section
				  33-24-02-03.
5. "Hazardous waste" means any material which
				  is defined to be hazardous waste in accordance with section
				  33-24-02-03.
6. "Land disposal restriction treatment
				  standards" means treatment standards, under sections
				  33-24-05-250 through 33-24-05-299,
				  that a hazardous waste must meet before it can be disposed of in a permitted
				  hazardous waste land disposal unit.
7. "License" means a license issued by the
				  nuclear regulatory commission, or nuclear regulatory commission agreement
				  state, to users that manage radionuclides regulated by nuclear regulatory
				  commission, or nuclear regulatory commission agreement states, under authority
				  of the Atomic Energy Act of 1954, as amended.
8. "Low-level mixed waste" is a waste that
				  contains both low-level radioactive waste and hazardous waste.
9. "Low-level radioactive waste" is a
				  radioactive waste which contains source, special nuclear, or byproduct
				  material, and which is not classified as high-level radioactive waste,
				  transuranic waste, spent nuclear fuel, or byproduct material as defined in
				  section 11e.(2) of the Atomic Energy Act. See also nuclear regulatory
				  commission definition of "waste" at
				  10 CFR
				  61.2.
10. "Mixed waste" means a waste that contains
				  both hazardous waste and source, special nuclear, or byproduct material subject
				  to the Atomic Energy Act of 1954, as amended.
11. "Naturally occurring radioactive
				  material, accelerator-produced radioactive material, or both (NARM)" means
				  radioactive materials that:
a. Are naturally
				  occurring and are not source, special nuclear, or byproduct materials (as
				  defined by the Atomic Energy Act); or
b. Are produced by an accelerator.
NARM is regulated by the states under state law, or by
					 department of energy (as authorized by the Atomic Energy Act) under department
					 of energy orders.