North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-850 - 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 33.1-24-05-850 through
					 33.1-24-05-929, 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
				  33.1-24-05-856 and meets all of
				  the conditions in section
				  33.1-24-05-857, or meets the
				  eligibility criteria in section
				  33.1-24-05-890 and complies with
				  all the conditions in section
				  33.1-24-05-895. Such waste is
				  conditionally exempted from the regulatory definition of hazardous waste
				  described in section
				  33.1-24-02-03.
5. "Hazardous waste" means any material which
				  is defined to be hazardous waste in accordance with section
				  33.1-24-02-03.
6. "Land disposal restriction treatment
				  standards" means treatment standards, under sections
				  33.1-24-05-250 through
				  33.1-24-05-299, 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.