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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XVI PUBLIC HEALTH
  • CHAPTER 111H MASSACHUSETTS LOW-LEVEL RADIOACTIVE WASTE
    MANAGEMENT ACT
  • Section 1 Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly indicates otherwise, have the following meanings:—

“Affected community”, a community, other than a site community, which is identified in an environmental impact report prepared pursuant to section thirty, and can be expected to experience significant impacts as a result of the location, development, operation, closure, post-closure observation and maintenance or institutional control of a facility.

“Board”, the low-level radioactive waste management board established in section two which shall be responsible for planning and effecting the management of low-level radioactive waste in the commonwealth in accordance with the provisions of this chapter.

“Broker”, a person engaged in the business of arranging for the collection, transportation, treatment, storage or disposal of low-level radioactive waste.

“Candidate site”, a site, identified in accordance with the procedures established in section twenty, which will be the subject of detailed site characterization as part of the process to select any superior site.

“Candidate site community”, a community in which is located all or any part of a candidate site.

“Chief executive officer”, the city manager in any city having a city manager, the mayor in any other city, the town manager in any town having a town manager, the chairman of the board of selectmen in any other town.

“Citizens advisory committee”, the committee established pursuant to section thirty and the regulations adopted by the secretary of the executive office of environmental affairs to facilitate public participation in the evaluation and review of the environmental impacts of a facility prior to licensing.

“Closure”, the permanent termination of low-level radioactive waste acceptance at a facility, including closure prior to the scheduled closing date, and the implementation of a closure plan.

“Closure plan”, the plan, required as a condition of a facility license, prepared pursuant to regulations adopted under section sixteen, to assure safe facility closure after operation.

“Community”, a city or town of the commonwealth.

“Community compensation”, any money, thing of value or economic benefit conferred by an operator or the board on any site or neighboring community under the terms and conditions specified in a comprehensive operating contract executed pursuant to section thirty-three.

“Community supervisory committee”, a committee, established pursuant to section twenty-one, to facilitate the participation of a community, in which a candidate site is located, in the activities established by this chapter.

“Comprehensive operating contract”, a contract entered into by an operator and the board pursuant to section thirty-three which specifies the community compensation to be provided by the operator or the board.

“Contingent liability account”, an account within the Low-Level Radioactive Waste Trust Fund established in section forty-one for the purpose of compensating for injuries to persons, land or property, pursuant to section nine, if no other funds, insurance, tort compensation or other means of satisfying a damage judgment or settlement are available.

“Detailed site characterization”, the on-site investigatory and analytical step of site selection established in section twenty-three and conducted prior to the selection of any superior site.

“Development”, all activities undertaken with respect to a low-level radioactive waste facility during the period commencing with the selection of any superior site pursuant to section twenty-three and continuing until the commencement of facility operation pursuant to section thirty-nine.

“Development contract”, a contract entered into by an operator and the board pursuant to section twenty-eight under which such operator shall be obligated to fulfill all of the requirements of the facility approval process established pursuant to sections twenty-nine through thirty-four inclusive.

“Disposal”, the isolation of low-level radioactive waste from the biosphere inhabited by human beings and their food chains.

“Environmental monitoring program”, a monitor program established by the department of public health, after consultation with the department of environmental quality engineering and the board of health of each site community, pursuant to section thirty-six for the purpose of collecting and analyzing environmental data prior to construction and throughout the construction, operation, closure, post-closure observation and maintenance and institutional control of a facility.

“Facility”, a parcel of land, together with the structures, equipment and improvements thereon or appurtenant thereto, which, pursuant to this chapter, is being developed, is used, or has been used for the treatment, storage or disposal of low-level radioactive waste; but does not include any property used for temporary storage of low-level radioactive waste in sealed containers by a broker.

“Facility license”, a license to operate a facility issued by the department of public health pursuant to section thirty-one.

“Generator”, a person, including a broker, who produces low-level radioactive waste.

“Half-life”, the time in which half the atoms of a particular radioactive substance disintegrate to another nuclear form.

“Institutional control”, the continued observation, monitoring, and care of a facility following transfer of the facility license from the operator to the board.

“Institutional control account”, an account within the Low-Level Radioactive Waste Trust Fund established in section forty-one for the purpose of paying institutional control costs pursuant to sections nine and forty-seven.

“Low-level radioactive waste”, radioactive material that (1) is neither high-level waste, nor spent nuclear fuel, not by-product material as defined in section 11(e)(2) of the Atomic Energy Act of 1954, as amended, 42 USC Section 2014(e); and (2) is classified by the Federal Government as low-level radioactive waste, but not including waste which remains a federal responsibility, as designated in section 3(b) of the Low-Level Radioactive Waste Policy Act, as in effect as of the effective date of this chapter, as amended, 42 USC Section 2021c(b).

“Low-level Radioactive Waste Trust Fund”, a trust fund established pursuant to section thirty-five H of chapter ten which shall consist of surcharges collected from users of the low-level radioactive waste facility in an amount determined by the board on an annual basis, which shall be used to meet the obligations set forth in sections nine and forty-seven.

“Management”, the storage, packaging, treatment, transportation, or disposal, where applicable, of low-level radioactive waste.

“Management plan”, the low-level radioactive waste management plan adopted by the board pursuant to section twelve to provide for the safe and efficient management of low-level radioactive waste.

“Neighboring community”, a community, other than a site community, which, according to the most recent federal census, has at least twenty per cent of its population residing within three miles of any superior site.

“Operator”, a person designated in accordance with the procedures established in section twenty-two and twenty-seven to develop and operate a low-level radioactive waste facility.

“Operation”, the control, supervision or implementation of the actual physical activities involved in the acceptance, storage, treatment, disposal or monitoring of low-level radioactive waste at a facility and the maintenance of the facility and any other responsibilities of operation pertaining to the facility.

“Person”, any agency or political subdivision of the federal government or the commonwealth, or of any state, any public or private corporation or authority, individual, firm, joint stock company, partnership, association, trust, estate, institution or other entity, and any officer, employee or agent of such person, and any group of such persons.

“Possible location”, a location, identified in accordance with the procedures established in section twenty, which will be the subject of preliminary characterization.

“Post-closure observation and maintenance”, the active monitoring and maintenance of a facility which has been closed in preparation for transfer of the facility’s license from the operator to the board.

“Preliminary characterization”, the investigatory and analytical step established in section twenty, and conducted prior to the identification of candidate sites.

“Professional training”, the level of academic or on-the-job training generally recognized as adequate to qualify a person to be employed in a discipline.

“Public meeting”, a public hearing, satisfying the requirements of section two of chapter thirty A, in which an agency presents information, responds to inquiries and hears testimony of interested persons.

“Shallow land burial”, a land disposal method that relies on the site’s natural characteristics as the primary barrier for isolation of the waste.

“Site community”, the community in which is located all or any part of any superior site.

“Source minimization”, minimizing the volume of radioactivity of low-level radioactive waste prior to its generation by such methods as: (1) avoiding unnecessary contamination of items during the use of radioactive materials; (2) carefully segregating radioactive waste from non-radioactive trash; or (3) substituting non-radioactive isotopes or radioisotopes with shorter half-lives where practicable.

“Storage”, the holding of low-level radioactive waste for treatment or disposal.

“Storage for decay”, a procedure in which low-level radioactive waste with a relatively short half-life is held for natural radioactive decay in compliance with applicable federal and state regulations.

“Superior site”, any site selected by the board, after detailed site characterization, pursuant to section twenty-three.

“Temporary closure”, the nonpermanent termination of low-level waste acceptance at a facility prior to its scheduled closing date.

“Treatment”, any method, technique, or process, including source minimization, volume minimization and storage for decay, designed to change the physical, radioactive, chemical or biological characteristics or composition of low-level radioactive waste in order to render such waste safer for management, amenable for recovery, convertible to another usable material or reduced in volume.

“Volume minimization”, treatment of low-level radioactive waste after its generation in order to minimize the physical dimensions of the waste and the space required for disposal.

“Waste management area”, that portion of a facility where low-level radioactive waste has been, is being or will be treated, stored or disposed of.