N.Y. Environmental Conservation Law § 29-0101: Definitions

§ 29-0101. Definitions.

For the purposes of this article:

1. "Low-level radioactive waste" means radioactive material that:

a. is not high-level radioactive waste, transuranic waste, spent

nuclear fuel, or the tailings or wastes produced by the extraction or

concentration of uranium or thorium from any ore processed primarily for

its source material content; and

b. the United States nuclear regulatory commission, consistent with

federal law and in accordance with paragraph a of this subdivision,

classifies as low-level radioactive waste.

2. "Low-level radioactive waste management facilities" means

facilities authorized pursuant to section eighteen hundred fifty-four-c

of the public authorities law for permanent disposal of low-level

radioactive waste and any associated facilities for treatment and

handling of such waste, including, but not limited, to facilities for

purposes of stabilization, volume reduction, or protection of health and

safety of workers or members of the public from potential exposure to

hazards.

3. "Permanent disposal facilities" means low-level radioactive waste

management facilities for permanent disposal of low-level radioactive

waste generated within the state of New York, other than such waste

which is a federal responsibility pursuant to the provisions of federal

law pertaining to state and federal responsibilities for disposal of

low-level radioactive waste.

4. "Shallow land burial" means emplacement of low-level radioactive

waste in or within the upper thirty meters of the surface of the earth

in trenches, holes, or other excavations in which only soil provides

structural integrity, a barrier to migration of low-level radioactive

waste from or subsurface water into such excavation, or a barrier to

entry of surface water to such excavation or in a manner that fails to

allow during the institutional control period for monitoring and control

of releases of radioactivity.

5. "State agency" means any office, department, board, commission,

bureau, division, council, authority, corporation, agency, or

instrumentality of the state.

6. "Commission" means the commission for siting low-level radioactive

waste disposal facilities created pursuant to section 29-0301 of this

article.