SECTION 37.9035. Definitions

Definitions for terms that appear throughout this subchapter may be found in Subchapter A of this chapter (relating to General Financial Assurance Requirements), §336.2 of this title (relating to Definitions), and §336.702 of this title (relating to Definitions), except the following definitions shall apply for this subchapter.

(1) Annual review--Conducted on the anniversary date of the establishment of the financial assurance mechanism.

(2) Closure--Any one or combination of the following: closure, dismantlement, decontamination, decommissioning, reclamation, disposal, aquifer restoration, stabilization, monitoring, or post closure observation and maintenance.

(3) Corrective action--The activities to remediate unplanned events that pose a risk to public health, safety, and the environment and that may occur after the decommissioning and closure of the compact waste disposal facility or a federal facility waste disposal facility.

(4) Facility--The term "Facility" has the same meaning as the term "Site" as defined in §336.702 of this title (relating to Definitions). Facility also means all contiguous land, water, buildings, structures, and equipment which are or were used for activities associated with:

(A) the disposal of radioactive material, including disposal, receipt, storage, processing, or handling of radioactive material, waste, soil, and groundwater contaminated by radioactive material;

(B) the recovery of source material as provided in Chapter 336, Subchapter L of this title (relating to Licensing of Source Material Recovery and By-Product Material Disposal Facilities); or

(C) the processing and storage of radioactive substances as provided in Chapter 336, Subchapter M of this title (relating to Licensing of Radioactive Substances Processing and Storage Facilities).

(5) Institutional control--Shall have the same meaning as post closure.

(6) Licensee--Shall have the same meaning as owner, operator, or license holder.

(7) Post closure--The activities that are identified as institutional control as specified in §336.734 of this title (relating to Institutional Requirements).

Source Note: The provisions of this §37.9035 adopted to be effective March 21, 2000, 25 TexReg 2347; amended to be effective September 14, 2000, 25 TexReg 8855; amended to be effective January 8, 2004, 29 TexReg 101; amended to be effective March 12, 2009, 34 TexReg 1610