Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article V - Radiological Health › Chapter 237 - REBUTTABLE PRESUMPTION OF LIABILITY OF THE OPERATOR OF THE REGIONAL LOW-LEVEL WASTE FACILITY › Subchapter A - GENERAL PROVISIONS › Section 237.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Act
-The Low-Level Radioactive Waste
						  Disposal Act (35 P. S. §§
													7130.101-7130.905).
Contributes to the damage
-A causal
						  connection between the damage to a person or property and regional facility
						  operations.
Damages
-A pecuniary compensation or
						  indemnity which may be recovered under the act in a court of competent
						  jurisdiction by a person who has actually sustained a loss, detriment or
						  injury, whether to one's person or property, real or personal, associated with
						  exposure to radioactive material.
Operator
-A person who operates a
						  regional facility.
Person
-An individual, corporation,
						  partnership, association, public or private institution, cooperative
						  enterprise, municipal authority, public utility, trust, estate, group, Federal
						  Government or agency, State institution or agency or another legal entity which
						  is recognized by law as the subject of rights and duties. The term also
						  includes officers and directors of a corporation or another legal entity having
						  officers and directors.
Preoperational survey
-The results of
						  sampling, monitoring and data analysis to assess the presence of radioactive
						  material in air, soil, surface water, groundwater, drinking water supply,
						  buildings or other structures, performed by the operator-licensee designate
						  prior to the acceptance of waste at the regional facility. The term also
						  includes other appropriate measures performed by the operator of the regional
						  facility to assess environmental radiation, birth defects, cancer and other
						  disease rates within 5 miles of the regional facility prior to the acceptance
						  of waste.
Radioactive contamination
-The
						  deposition of radioactive material into the air, soil, surface water,
						  groundwater, drinking water supply, equipment, buildings or other structures,
						  or on a person in concentrations or mixtures, or both, that exceed background
						  radiation measurements established during preoperational environmental or
						  health surveys.
Radioactive material
-A material which
						  spontaneously emits alpha, beta or gamma radiation, X-rays, neutrons, protons,
						  high energy electrons or other atomic particles.
Rebuttable presumption
-A presumption
						  that can be overcome upon an affirmative showing of clear and convincing
						  evidence.
Regional facility
-A facility which has
						  been approved by the Appalachian States Low-Level Radioactive Waste Commission
						  and licensed under the act. The term includes "disposal facility" and "facility
						  site" as defined in §
												236.2 (relating to
						  definitions).
Regional facility boundary
-The outer
						  limits of the licensed disposal site established by land survey.
Regional facility
						  operations
-Activities, operations or processes conducted within the
						  regional facility boundary which are attributable to the receipt, handling,
						  management, storage or disposal of low-level radioactive
						  waste.