§ 23-19.9-2 Definitions. – As used in this compact, unless the context clearly requires a differentconstruction:
(1) "Adjudicatory proceeding" means the Commission process offormulating an order;
(2) "Closure" means the permanent termination of wasteacceptance at a facility, including closure prior to its scheduled closingdate, and the implementation of a closure plan;
(3) "Commission" means the Rhode Island-MassachusettsInterstate Low-Level Radioactive Waste Management Commission established in§ 23-19.9-5;
(4) "Commission action" means the whole or a part of aCommission rule, order, sanction, relief of the equivalent or denial thereof,or failure to act;
(5) "Custodial agency" means the agency of the state orfederal government designated to act on behalf of the government owner of aregional facility during the facility's institutional control period;
(6) "Disposal" means the isolation of low-level waste fromthe biosphere inhabited by human beings and their food chains;
(7) "Executive session" means any meeting or part of ameeting of the Commission or a committee of the Commission that is closed tocertain persons for deliberation on certain matters;
(8) "Facility" means a parcel of land, together with thestructures, equipment and improvement on the parcel of land or appurtenant toit, which is being developed, is used, or has been used for the treatment,storage or disposal of low-level waste;
(9) "Generator" means a person who produces or treatslow-level waste in the region, but does not include persons who only provide aservice by arranging for the collection, transportation, treatment, storage ordisposal of low-level waste generated outside the region;
(10) "High-level waste" means:
(i) The highly radioactive material resulting from thereprocessing of spent nuclear fuel, including liquid waste produced directly inreprocessing and any solid material derived from liquid waste that containsfission products in sufficient concentration; and
(ii) Any other highly radioactive material determined by thefederal government as requiring permanent isolation;
(11) "Host state" means a party state in which a regionalfacility is located or being developed;
(12) "Institutional control" means the continued observation,monitoring, and care of a regional facility following transfer of thefacility's license from the operator to the custodial agency;
(13) "Interim storage" means the temporary storage oflow-level waste in the event that no licensed facility is available for itstreatment or disposal in the region during any time this compact is in effect;
(14) "Intervenor to an adjudicatory proceeding" means anyparty state or agency or political subdivision of any party state or agency, ornot less than 50 other persons residing within the region, who petition forstatus as a party to an adjudicatory proceeding in which damage to theenvironment, the public's health or safety or economic damage, injury orfinancial integrity might be an issue;
(15) "Low-level waste" means radioactive waste that:
(i) Is neither high-level waste nor transuranic waste, norspent nuclear fuel, nor by-product material as defined in § 11(e)(2) ofthe Atomic Energy Act of 1954, 42 U.S.C. § 2014(e); and
(ii) Is classified by the federal government as low-levelwaste, consistent with existing law; but does not include waste which remains afederal responsibility, including waste generated as a result of atomic energydefense activities of the federal government, as defined in the Policy Act, orfederal research and development activities;
(16) "Management" means the generation, storage, packaging,treatment, transportation, and disposal, where applicable, of low-level waste;
(17) "Order" means a Commission action of particularapplicability that determines the legal rights, duties, privileges, immunitiesor other legal interests of one or more specific states or persons. The termincludes, but is not limited to, the following Commission actions:
(i) Determination of whether or not a state is eligible foradmission to the Compact;
(ii) Determination of compliance of a party state with theconditions and requirements of the Compact;
(iii) Designation of host states;
(iv) Revocation of a party state's membership in the Compact;and
(v) Imposition of sanctions against a party state;
(18) "Party state" means any state that is a signatory partyin good standing to this compact;
(19) "Party to an adjudicatory proceeding" means:
(i) Any person whose rights, duties or privileges are to bedetermined through formulation of an order;
(ii) Any other person who, as a matter of right or by anyprovision of this compact, is entitled to fully participate in the proceedingand who, upon notice as required in subsection (l) of § 23-19.9-5 makesappearance; and
(iii) Any intervenor to the adjudicatory proceeding;
(20) "Person" means an individual, corporation, businessenterprise, unincorporated association or other legal entity, either public orprivate, and its legal successors; and any party state or agency or politicalsubdivision of any party state or agency;
(21) "Policy Act" means the Low-Level Radioactive WastePolicy Act, 42 U.S.C. § 2021b et seq.;
(22) "Post-closure observation and maintenance" means theactive monitoring and maintenance of a facility which has been closed inaccordance with its license site closure plan, and in compliance with otherapplicable regulatory requirements in preparation for transfer of thefacility's license from the operator to the custodial agency;
(23) "Public document" means a document which shall beavailable for inspection by any person during normal business hours at theoffice of the Commission or by other mutually agreed arrangement;
(24) "Region" means the entire geographic area of the partystates;
(25) "Regional facility" means a facility that is being orhas been developed pursuant to § 23-19.9-6;
(26) "Rule" means each Commission statement of generalapplicability that implements, interprets, or prescribes law or policy, ordescribes the organization, procedure, or practice requirements of theCommission. The term includes the amendment or repeal of a prior rule, but doesnot include:
(i) Statements concerning only the internal management of theCommission and not affecting private rights or procedures available to thepublic; or
(ii) Intra-Commission memoranda;
(27) "Source reduction" means reducing the volume orradioactivity of low-level waste by:
(i) Avoiding unnecessary contamination of items during theuse of radioactive materials;
(ii) Carefully segregating radioactive waste fromnon-radioactive trash; or
(iii) Substituting non-radioactive isotopes or radioisotopeswith shorter half-lives in certain procedures;
(28) "State" means a state of the United States, the Districtof Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any otherterritory subject to the laws of the United States;
(29) "Storage" means the holding of low-level waste fortreatment or disposal;
(30) "Storage for decay" means a procedure in which certainlow-level wastes with relatively short half-lives are held for naturalradioactive decay in compliance with applicable federal and state regulations;
(31) "Substantial evidence" means any evidence that areasonable mind might accept as adequate to support a conclusion;
(32) "Temporary closure" means the nonpermanent terminationof low-level waste acceptance at a facility prior to its scheduled closing date;
(33) "Transuranic waste" means waste material containingradionuclides with an atomic number greater than ninety-two (92) that areexcluded from near surface disposal as determined by the federal government;
(34) "Treatment" means any method, technique, or process,including storage for decay, designed to change the physical, radioactive,chemical or biological characteristics or composition of low-level waste inorder to render low-level waste safer for management, amenable for recovery,convertible to another usable material or reduced in volume;
(35) "Volume reduction" means treatment of low-level waste inorder to reduce the physical dimensions of the waste and the space required fordisposal.
§ 23-19.9-2 Definitions. – As used in this compact, unless the context clearly requires a differentconstruction:
(1) "Adjudicatory proceeding" means the Commission process offormulating an order;
(2) "Closure" means the permanent termination of wasteacceptance at a facility, including closure prior to its scheduled closingdate, and the implementation of a closure plan;
(3) "Commission" means the Rhode Island-MassachusettsInterstate Low-Level Radioactive Waste Management Commission established in§ 23-19.9-5;
(4) "Commission action" means the whole or a part of aCommission rule, order, sanction, relief of the equivalent or denial thereof,or failure to act;
(5) "Custodial agency" means the agency of the state orfederal government designated to act on behalf of the government owner of aregional facility during the facility's institutional control period;
(6) "Disposal" means the isolation of low-level waste fromthe biosphere inhabited by human beings and their food chains;
(7) "Executive session" means any meeting or part of ameeting of the Commission or a committee of the Commission that is closed tocertain persons for deliberation on certain matters;
(8) "Facility" means a parcel of land, together with thestructures, equipment and improvement on the parcel of land or appurtenant toit, which is being developed, is used, or has been used for the treatment,storage or disposal of low-level waste;
(9) "Generator" means a person who produces or treatslow-level waste in the region, but does not include persons who only provide aservice by arranging for the collection, transportation, treatment, storage ordisposal of low-level waste generated outside the region;
(10) "High-level waste" means:
(i) The highly radioactive material resulting from thereprocessing of spent nuclear fuel, including liquid waste produced directly inreprocessing and any solid material derived from liquid waste that containsfission products in sufficient concentration; and
(ii) Any other highly radioactive material determined by thefederal government as requiring permanent isolation;
(11) "Host state" means a party state in which a regionalfacility is located or being developed;
(12) "Institutional control" means the continued observation,monitoring, and care of a regional facility following transfer of thefacility's license from the operator to the custodial agency;
(13) "Interim storage" means the temporary storage oflow-level waste in the event that no licensed facility is available for itstreatment or disposal in the region during any time this compact is in effect;
(14) "Intervenor to an adjudicatory proceeding" means anyparty state or agency or political subdivision of any party state or agency, ornot less than 50 other persons residing within the region, who petition forstatus as a party to an adjudicatory proceeding in which damage to theenvironment, the public's health or safety or economic damage, injury orfinancial integrity might be an issue;
(15) "Low-level waste" means radioactive waste that:
(i) Is neither high-level waste nor transuranic waste, norspent nuclear fuel, nor by-product material as defined in § 11(e)(2) ofthe Atomic Energy Act of 1954, 42 U.S.C. § 2014(e); and
(ii) Is classified by the federal government as low-levelwaste, consistent with existing law; but does not include waste which remains afederal responsibility, including waste generated as a result of atomic energydefense activities of the federal government, as defined in the Policy Act, orfederal research and development activities;
(16) "Management" means the generation, storage, packaging,treatment, transportation, and disposal, where applicable, of low-level waste;
(17) "Order" means a Commission action of particularapplicability that determines the legal rights, duties, privileges, immunitiesor other legal interests of one or more specific states or persons. The termincludes, but is not limited to, the following Commission actions:
(i) Determination of whether or not a state is eligible foradmission to the Compact;
(ii) Determination of compliance of a party state with theconditions and requirements of the Compact;
(iii) Designation of host states;
(iv) Revocation of a party state's membership in the Compact;and
(v) Imposition of sanctions against a party state;
(18) "Party state" means any state that is a signatory partyin good standing to this compact;
(19) "Party to an adjudicatory proceeding" means:
(i) Any person whose rights, duties or privileges are to bedetermined through formulation of an order;
(ii) Any other person who, as a matter of right or by anyprovision of this compact, is entitled to fully participate in the proceedingand who, upon notice as required in subsection (l) of § 23-19.9-5 makesappearance; and
(iii) Any intervenor to the adjudicatory proceeding;
(20) "Person" means an individual, corporation, businessenterprise, unincorporated association or other legal entity, either public orprivate, and its legal successors; and any party state or agency or politicalsubdivision of any party state or agency;
(21) "Policy Act" means the Low-Level Radioactive WastePolicy Act, 42 U.S.C. § 2021b et seq.;
(22) "Post-closure observation and maintenance" means theactive monitoring and maintenance of a facility which has been closed inaccordance with its license site closure plan, and in compliance with otherapplicable regulatory requirements in preparation for transfer of thefacility's license from the operator to the custodial agency;
(23) "Public document" means a document which shall beavailable for inspection by any person during normal business hours at theoffice of the Commission or by other mutually agreed arrangement;
(24) "Region" means the entire geographic area of the partystates;
(25) "Regional facility" means a facility that is being orhas been developed pursuant to § 23-19.9-6;
(26) "Rule" means each Commission statement of generalapplicability that implements, interprets, or prescribes law or policy, ordescribes the organization, procedure, or practice requirements of theCommission. The term includes the amendment or repeal of a prior rule, but doesnot include:
(i) Statements concerning only the internal management of theCommission and not affecting private rights or procedures available to thepublic; or
(ii) Intra-Commission memoranda;
(27) "Source reduction" means reducing the volume orradioactivity of low-level waste by:
(i) Avoiding unnecessary contamination of items during theuse of radioactive materials;
(ii) Carefully segregating radioactive waste fromnon-radioactive trash; or
(iii) Substituting non-radioactive isotopes or radioisotopeswith shorter half-lives in certain procedures;
(28) "State" means a state of the United States, the Districtof Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any otherterritory subject to the laws of the United States;
(29) "Storage" means the holding of low-level waste fortreatment or disposal;
(30) "Storage for decay" means a procedure in which certainlow-level wastes with relatively short half-lives are held for naturalradioactive decay in compliance with applicable federal and state regulations;
(31) "Substantial evidence" means any evidence that areasonable mind might accept as adequate to support a conclusion;
(32) "Temporary closure" means the nonpermanent terminationof low-level waste acceptance at a facility prior to its scheduled closing date;
(33) "Transuranic waste" means waste material containingradionuclides with an atomic number greater than ninety-two (92) that areexcluded from near surface disposal as determined by the federal government;
(34) "Treatment" means any method, technique, or process,including storage for decay, designed to change the physical, radioactive,chemical or biological characteristics or composition of low-level waste inorder to render low-level waste safer for management, amenable for recovery,convertible to another usable material or reduced in volume;
(35) "Volume reduction" means treatment of low-level waste inorder to reduce the physical dimensions of the waste and the space required fordisposal.
§ 23-19.9-2 Definitions. – As used in this compact, unless the context clearly requires a differentconstruction:
(1) "Adjudicatory proceeding" means the Commission process offormulating an order;
(2) "Closure" means the permanent termination of wasteacceptance at a facility, including closure prior to its scheduled closingdate, and the implementation of a closure plan;
(3) "Commission" means the Rhode Island-MassachusettsInterstate Low-Level Radioactive Waste Management Commission established in§ 23-19.9-5;
(4) "Commission action" means the whole or a part of aCommission rule, order, sanction, relief of the equivalent or denial thereof,or failure to act;
(5) "Custodial agency" means the agency of the state orfederal government designated to act on behalf of the government owner of aregional facility during the facility's institutional control period;
(6) "Disposal" means the isolation of low-level waste fromthe biosphere inhabited by human beings and their food chains;
(7) "Executive session" means any meeting or part of ameeting of the Commission or a committee of the Commission that is closed tocertain persons for deliberation on certain matters;
(8) "Facility" means a parcel of land, together with thestructures, equipment and improvement on the parcel of land or appurtenant toit, which is being developed, is used, or has been used for the treatment,storage or disposal of low-level waste;
(9) "Generator" means a person who produces or treatslow-level waste in the region, but does not include persons who only provide aservice by arranging for the collection, transportation, treatment, storage ordisposal of low-level waste generated outside the region;
(10) "High-level waste" means:
(i) The highly radioactive material resulting from thereprocessing of spent nuclear fuel, including liquid waste produced directly inreprocessing and any solid material derived from liquid waste that containsfission products in sufficient concentration; and
(ii) Any other highly radioactive material determined by thefederal government as requiring permanent isolation;
(11) "Host state" means a party state in which a regionalfacility is located or being developed;
(12) "Institutional control" means the continued observation,monitoring, and care of a regional facility following transfer of thefacility's license from the operator to the custodial agency;
(13) "Interim storage" means the temporary storage oflow-level waste in the event that no licensed facility is available for itstreatment or disposal in the region during any time this compact is in effect;
(14) "Intervenor to an adjudicatory proceeding" means anyparty state or agency or political subdivision of any party state or agency, ornot less than 50 other persons residing within the region, who petition forstatus as a party to an adjudicatory proceeding in which damage to theenvironment, the public's health or safety or economic damage, injury orfinancial integrity might be an issue;
(15) "Low-level waste" means radioactive waste that:
(i) Is neither high-level waste nor transuranic waste, norspent nuclear fuel, nor by-product material as defined in § 11(e)(2) ofthe Atomic Energy Act of 1954, 42 U.S.C. § 2014(e); and
(ii) Is classified by the federal government as low-levelwaste, consistent with existing law; but does not include waste which remains afederal responsibility, including waste generated as a result of atomic energydefense activities of the federal government, as defined in the Policy Act, orfederal research and development activities;
(16) "Management" means the generation, storage, packaging,treatment, transportation, and disposal, where applicable, of low-level waste;
(17) "Order" means a Commission action of particularapplicability that determines the legal rights, duties, privileges, immunitiesor other legal interests of one or more specific states or persons. The termincludes, but is not limited to, the following Commission actions:
(i) Determination of whether or not a state is eligible foradmission to the Compact;
(ii) Determination of compliance of a party state with theconditions and requirements of the Compact;
(iii) Designation of host states;
(iv) Revocation of a party state's membership in the Compact;and
(v) Imposition of sanctions against a party state;
(18) "Party state" means any state that is a signatory partyin good standing to this compact;
(19) "Party to an adjudicatory proceeding" means:
(i) Any person whose rights, duties or privileges are to bedetermined through formulation of an order;
(ii) Any other person who, as a matter of right or by anyprovision of this compact, is entitled to fully participate in the proceedingand who, upon notice as required in subsection (l) of § 23-19.9-5 makesappearance; and
(iii) Any intervenor to the adjudicatory proceeding;
(20) "Person" means an individual, corporation, businessenterprise, unincorporated association or other legal entity, either public orprivate, and its legal successors; and any party state or agency or politicalsubdivision of any party state or agency;
(21) "Policy Act" means the Low-Level Radioactive WastePolicy Act, 42 U.S.C. § 2021b et seq.;
(22) "Post-closure observation and maintenance" means theactive monitoring and maintenance of a facility which has been closed inaccordance with its license site closure plan, and in compliance with otherapplicable regulatory requirements in preparation for transfer of thefacility's license from the operator to the custodial agency;
(23) "Public document" means a document which shall beavailable for inspection by any person during normal business hours at theoffice of the Commission or by other mutually agreed arrangement;
(24) "Region" means the entire geographic area of the partystates;
(25) "Regional facility" means a facility that is being orhas been developed pursuant to § 23-19.9-6;
(26) "Rule" means each Commission statement of generalapplicability that implements, interprets, or prescribes law or policy, ordescribes the organization, procedure, or practice requirements of theCommission. The term includes the amendment or repeal of a prior rule, but doesnot include:
(i) Statements concerning only the internal management of theCommission and not affecting private rights or procedures available to thepublic; or
(ii) Intra-Commission memoranda;
(27) "Source reduction" means reducing the volume orradioactivity of low-level waste by:
(i) Avoiding unnecessary contamination of items during theuse of radioactive materials;
(ii) Carefully segregating radioactive waste fromnon-radioactive trash; or
(iii) Substituting non-radioactive isotopes or radioisotopeswith shorter half-lives in certain procedures;
(28) "State" means a state of the United States, the Districtof Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any otherterritory subject to the laws of the United States;
(29) "Storage" means the holding of low-level waste fortreatment or disposal;
(30) "Storage for decay" means a procedure in which certainlow-level wastes with relatively short half-lives are held for naturalradioactive decay in compliance with applicable federal and state regulations;
(31) "Substantial evidence" means any evidence that areasonable mind might accept as adequate to support a conclusion;
(32) "Temporary closure" means the nonpermanent terminationof low-level waste acceptance at a facility prior to its scheduled closing date;
(33) "Transuranic waste" means waste material containingradionuclides with an atomic number greater than ninety-two (92) that areexcluded from near surface disposal as determined by the federal government;
(34) "Treatment" means any method, technique, or process,including storage for decay, designed to change the physical, radioactive,chemical or biological characteristics or composition of low-level waste inorder to render low-level waste safer for management, amenable for recovery,convertible to another usable material or reduced in volume;
(35) "Volume reduction" means treatment of low-level waste inorder to reduce the physical dimensions of the waste and the space required fordisposal.
