ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
a."care" means the continued observation of a facility after closing
for the purposes of detecting a need for maintenance, ensuring
environmental safety, and determining compliance with applicable
licensure and regulatory requirements and including the correction of
problems which are detected as a result of that observation.
b."close", "closed", or "closing" means that the compact facility
with respect to which any of those terms is used has ceased to accept
waste for disposal. "Permanently closed" means that the compact
facility with respect to which the term is used has ceased to accept
waste because it has operated for twenty years or a longer period of
time as authorized by
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ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
a. "care" means the continued observation of a facility after closing
for the purposes of detecting a need for maintenance, ensuring
environmental safety, and determining compliance with applicable
licensure and regulatory requirements and including the correction of
problems which are detected as a result of that observation.
b. "close", "closed", or "closing" means that the compact facility
with respect to which any of those terms is used has ceased to accept
waste for disposal. "Permanently closed" means that the compact
facility with respect to which the term is used has ceased to accept
waste because it has operated for twenty years or a longer period of
time as authorized by Article VI(i) of this compact, its capacity has
been reached, the Commission has authorized it to close pursuant to
Article III(h)(7) of this compact, the host state of such facility has
withdrawn from the compact or had its membership revoked, or this
compact has been dissolved.
c. "commission" means the Midwest Interstate Low-Level
Radioactive Waste Commission.
d. "compact facility" means a waste disposal facility that is located
within the region and that is established by a party state pursuant to the
designation of that state as a host state by the Commission.
e. "development" includes the characterization of potential sites for
a waste disposal facility, siting of such a facility, licensing of such a
facility, and other actions taken by a host state prior to the
commencement of construction of such a facility to fulfill its
obligations as a host state.
f. "disposal," with regard to low-level radioactive waste, means the
permanent isolation of that waste in accordance with the requirements
established by the United States Nuclear Regulatory Commission or the
licensing agreement state.
g. "disposal plan" means the plan adopted by the Commission for
the disposal of waste within the region.
h. "facility" means a parcel of land or site, together with the
structures, equipment and improvements on or appurtenant to the land
or site, which is or has been used for the disposal of low-level
radioactive waste, which is being developed for that purpose, or upon
which the construction of improvements or installation of equipment
is occurring for that purpose.
i. "final decision" means a final action of the Commission
determining the legal rights, duties, or privileges of any person. "Final
decision" does not include preliminary, procedural, or intermediate
actions by the Commission, actions regulating the internal
administration of the Commission, or actions of the Commission to
enter into or refrain from entering into contracts or agreements with
vendors to provide goods or services to the Commission.
j. "generator" means a person who first produces low-level
radioactive waste, including, without limitation, any person who does
so in the course of or incident to manufacturing, power generation,
processing, waste treatment, waste storage, medical diagnosis and
treatment, research, or other industrial or commercial activity. If the
person who first produced an item or quantity of waste cannot be
identified, "generator" means the person first possessing the waste who
can be identified.
k. "host state" means any state which is designated by the
Commission to host a compact facility or has hosted a compact facility.
l. "long-term care" means those activities taken by a host state after
a compact facility is permanently closed to ensure the protection of air,
land, and water resources and the health and safety of all people who
may be affected by the facility.
m. "low-level radioactive waste" or "waste" means radioactive waste
that is not classified as high-level radioactive waste and that is class A,
B, or C low-level radioactive waste as defined in 10 CFR 61.55, as that
section existed on January 26, 1983. "Low-level radioactive waste" or
"waste" does not include any such radioactive waste that is owned or
generated by the United States Department of Energy; by the United
States Navy as a result of the decommissioning of its vessels; or as a
result of any research, development, testing, or production of any
atomic weapon.
n. "operates", "operational", or "operating" means that the compact
facility with respect to which any of those terms is used accepts waste
for disposal.
o. "party state" means any eligible state that enacts this compact into
law, pays any eligibility fee established by the Commission, and has
not withdrawn from this compact or had its membership in this
compact revoked, provided that a state that has withdrawn from this
compact or had its membership revoked again becomes a party state if
it is readmitted to membership in this compact pursuant to Article
VIII(a) of this compact. "Party state" includes any host state. "Party
state" also includes any statutorily created administrative departments,
agencies, or instrumentalities of a party state, but does not include
municipal corporations, regional or local units of government, or other
political subdivisions of a party state that are responsible for
governmental activities on less than a statewide basis.
p. "person" means any individual, corporation, association, business
enterprise, or other legal entity either public or private and any legal
successor, representative, agent, or agency of that individual,
corporation, association, business enterprise, or other legal entity.
"Person" also includes the United States, states, political subdivisions
of states, and any department, agency, or instrumentality of the United
States or a state.
q. "region" means the area of the party states.
r. "site" means the geographic location of a facility.
s. "state" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any
other territorial possession of the United States.
t. "storage" means the temporary holding of waste.
u. "treatment" means any method, technique or process, including
storage for radioactive decay, designed to change the physical,
chemical or biological characteristics or composition of any waste in
order to render the waste safer for transport or management, amenable
to recovery, convertible to another usable material or reduced in
volume.
v. "waste management", "manage waste", "management of waste",
"management", or "managed" means the storage, treatment, or disposal
of waste.
[Pre-1996 Recodification Citation: 13-5-9-2.]