§ 10-19-12-4 — Definitions

As used in this chapter:
(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 utilizing special nuclear
material;
(B) the tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed
primarily for its source material content;
(C) any discrete source of radium-226 that is produced,
extracted, or converted after extraction for use for a
commercial, medical, or research activity;
(D) any material that has been made radioactive by use of a
particle accelerator and is produced, extracted, or converted
after extraction for use for a commercial, medical, or research
activity; and
(E) any discrete source of naturally occurring radioactive
material, other than source material, that is extracted or
converted after extraction for use in a commercial, medical, or
research activity, if the governor, after determination by the
NRC, declares by order that the source would pose a threat
similar to the threat posed by a discrete source of radium-226
to the public health and safety.
(2) "Civil penalty" means any monetary penalty levied on a
licensee or registrant because of violations of statutes, regulations,
licenses, or registration certificates, but does not include criminal
penalties.
(3) "Closure" or "site closure" means all activities performed at a
waste disposal site, such as stabilization and contouring, to assure
that the site is in a stable condition so that only minor custodial
care, surveillance, and monitoring are necessary at the site
following termination of a licensed operation.
(4) "Decommissioning" means final operational activities at a
facility to dismantle site structures, to decontaminate site surfaces
and remaining structures, to stabilize and contain residual
radioactive material, and to carry out any other activities to
prepare the site for postoperational care.
(5) "Department" means the Indiana department of homeland
security established by IC 10-19-2-1.
(6) "Disposal of low-level radioactive waste" means the isolation
of such waste from the biosphere by emplacement in a land burial
facility.
(7) "General license" means a license effective under regulations
promulgated by the department without the filing of an
application with the department or the issuance of licensing
documents to particular persons to transfer, acquire, own, possess,
or use quantities of, or devices or equipment utilizing, radioactive
material.
(8) "High-level radioactive waste" means:
(A) irradiated reactor fuel;
(B) liquid wastes resulting from the operation of the first cycle
solvent extraction system, or equivalent, and the concentrated
wastes from subsequent extraction cycles, or equivalent, in a
facility for reprocessing irradiated reactor fuel; and
(C) solids into which such liquid wastes have been converted.
(9) "Ionizing radiation" means gamma rays and x-rays, alpha and
beta particles, high-speed electrons, neutrons, protons, and other
nuclear particles; but not sound or radio waves, or visible,
infrared, or ultraviolet light.
(10) "Low-level radioactive waste" means radioactive waste not
classified as high-level radioactive waste, transuranic waste, spent
nuclear fuel, or byproduct material.
(11) "Nonionizing radiation" means the following:
(A) Any electromagnetic radiation, other than ionizing
electromagnetic radiation.
(B) Any sonic, ultrasonic, or infrasonic wave.
(12) "Person" means any individual, corporation, partnership,
firm, association, trust, estate, public or private institution, group,
state agency other than the department, political subdivision of
this state, any other state or political subdivision or agency
thereof, and any legal successor, representative, agent, or agency
of the foregoing, but not including federal government agencies.
(13) "Radiation" means ionizing radiation and nonionizing
radiation.
(14) "Radiation generating equipment" means any manufactured
product or device, or component part of such a product or device,
or any machine or system that during operation can generate or
emit radiation except those that emit radiation only from
radioactive material.
(15) "Radioactive material" means material (solid, liquid, or gas)
that emits ionizing radiation spontaneously. It includes accelerator
produced, byproduct, naturally occurring, source, and special
nuclear materials.
(16) "Registration" means registration with the department in
accordance with rules and regulations adopted pursuant to this
chapter.
(17) "Source material" means uranium or thorium, or any
combination thereof, in any physical or chemical form, or ores
which contain by weight one-twentieth of one percent (0.05%) or
more of uranium, thorium, or any combination thereof. Source
material does not include special nuclear material.
(18) "Source material mill tailings" means the tailings or wastes
produced by the extraction or concentration of uranium or
thorium from any ore processed primarily for its source material
content, including discrete surface wastes resulting from
underground solution extraction processes, but not including
underground ore bodies depleted by such solution extraction
processes.
(19) "Source material milling" means any processing of ore,
including underground solution extraction of unmined ore,
primarily for the purpose of extracting or concentrating uranium
or thorium that results in the production of source material mill
tailings.
(20) "Sources of radiation" means collectively, radioactive
material and radiation generating equipment.
(21) "Special nuclear material" means plutonium, uranium 233,
and uranium enriched in the isotope 233 or in the isotope 235, but
does not include source material; or any material artificially
enriched by any of the foregoing, but does not include source
material.
(22) "Specific license" means a license, issued to a named person
upon application filed under the regulations promulgated under
this chapter, to use, manufacture, produce, transfer, receive,
acquire, or possess quantities of, or devices or equipment
utilizing, radioactive material.
(23) "Spent nuclear fuel" means irradiated nuclear fuel that has
undergone at least one (1) year's decay since being used as a
source of energy in a power reactor. Spent fuel includes the
special nuclear material, byproduct material, source material, and
other radioactive material associated with fuel assemblies.
(24) "Transuranic waste" means radioactive waste containing
alpha emitting transuranic elements, with radioactive half-lives
greater than five (5) years, in excess of ten (10) nanocuries per
gram.

Legislative History

As added by P.L.28-2022, SEC.2.