§ 25-11-101 — Definitions

Colorado § 25-11-101

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Radiation Control

Text

As used in this part 1, unless the context otherwise
requires:

(1) Byproduct material means:

(a) Any radioactive material, except special nuclear material, yielded in, or
made radioactive by, exposure to the radiation incident to the process of producing
or using special nuclear material;

(b) The tailings or wastes produced by the extraction or concentration of
uranium or thorium from ore processed primarily for its source material content,
including discrete surface wastes resulting from uranium solution extraction
processes. Underground ore bodies depleted by these solution extraction
operations are not byproduct material.

(c) (I) Any discrete source of radium-226 that is produced, extracted, or
converted after extraction, before, on, or after August 8, 2005, for use for a
commercial, medical, or research activity; or

(II) Any material that:

(A) Has been made radioactive by use of a particle accelerator; and

(B) Is produced, extracted, or converted after extraction, before, on, or after
August 8, 2005, for use for a commercial, medical, or research activity; and

(d) Any discrete source of naturally occurring radioactive material, other
than source material, that:

(I) The United States nuclear regulatory commission, in consultation with the
administrator of the environmental protection agency, the secretary of energy, the
secretary of homeland security, and the head of any other appropriate federal
agency, determines would pose a threat similar to the threat posed by a discrete
source of radium-226 to the public health and safety or the common defense and
security; and

(II) Before, on, or after August 8, 2005, is extracted or converted after
extraction for use in a commercial, medical, or research activity.

(1.5) Civil penalty means a monetary penalty levied against a licensee or
registrant because of a violation of a statute, rule, license, or registration
certificate. Civil penalty does not include any criminal penalty levied under
section 25-1-114 or 25-11-107 (3).

(2) Department means the department of public health and environment.

(2.5) Mammographer means a person who operates a machine source of
radiation, commonly known as an X-ray machine, in the conduct of a
mammography exam.

(2.7) Naturally occurring radioactive material means any nuclide that is
radioactive in its natural physical state and is not manufactured. Naturally
occurring radioactive material does not include source material, special nuclear
material, byproduct material, or by-products of fossil fuel combustion, including
bottom ash, fly ash, and flue-gas emission by-products.

(3) Radiation means ionizing radiation, which includes gamma rays, X rays,
alpha particles, beta particles, high-speed electrons, high-speed neutrons, high-speed protons, and other high-speed nuclear particles.

(4) Radiation machine means a device capable of producing radiation;
except that radiation machine does not include a device with radioactive material
as its only source of radiation.

(5) Radioactive means emitting radiation.

(6) Radioactive material means any material, whether solid, liquid, or gas,
that emits radiation spontaneously.

(6.4) (a) Source material means uranium, thorium, or any combination of
uranium and thorium in any physical or chemical form, including ores that contain,
by weight, one-twentieth of one percent or more of uranium, thorium, or any
combination of uranium and thorium.

(b) Source material does not include special nuclear material.

(6.7) (a) Special nuclear material means:

(I) Plutonium, uranium-233, uranium enriched in the isotope 233 or in the
isotope 235, and any other material that the United States nuclear regulatory
commission, pursuant to section 51 of the federal Atomic Energy Act of 1954, as
amended, 42 U.S.C. sec. 2071, determines to be special nuclear material; or

(II) Any material artificially enriched by any of the material specified in
subparagraph (I) of this paragraph (a).

(b) Notwithstanding any other provision of this subsection (6.7), special
nuclear material does not include source material.

(7) Specific license means a license issued to a person to use,
manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or
devices or equipment utilizing, radioactive materials occurring naturally or
produced artificially.

(8) State board means the state board of health created in section 25-1-103.

Legislative History

Source: L. 65: p. 716, � 1. C.R.S. 1963: � 66-26-1. L. 79: IP amended and (4) added, p. 1063, � 1, effective July 1; IP amended, p. 1070, � 3, effective January 1, 1980. L. 83: (1) R&RE and (1.5) added, p. 1084, �� 1, 2, effective July 1. L. 93: (2.7) added, p. 487, � 1, effective April 26; (2.5) added, p. 701, � 2, effective July 1. L. 94: (1.5) amended, p. 2791, � 525, effective July 1. L. 2010: Entire section amended, (HB 10-1149), ch. 282, p. 1309, � 1, effective May 26. L. 2015: (1) and (2.7) amended and (1.5), (6.4), and (6.7) added, (HB 15-1145), ch. 79, p. 218, � 1, effective August 5.