                                 CODE OF VIRGINIA

DEFINITIONS (§ 32.1-227)

As used in this article unless the context requires a different meaning:

1. &#8220;By-product material&#8221; 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 of 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 (NORM),
other than source material that the Nuclear Regulatory Commission (NRC), 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, that is extracted, or converted after
extraction, for use for a commercial, medical, or research activity.

2. &#8220;General license&#8221; means a license effective under regulations
promulgated by the Board 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.

3. &#8220;Ionizing radiation&#8221; means gamma rays and X-rays, alpha and beta
particles, high-speed electrons, neutrons, protons, and other nuclear particles.

4. &#8220;Person&#8221; means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, group, department of
the Commonwealth other than the Department of Health, political subdivision of
the Commonwealth, any other state or political subdivision or department
thereof, and any legal successor, representative, agent, or department of the
foregoing, but not including federal government agencies.

5. &#8220;Radiation emergency&#8221; means any situation, excluding events
resulting from nuclear warfare, which involves the possibility of accidental
release of ionizing radiation that may pose a threat to the safety and health of
any citizen of this Commonwealth.

6. &#8220;Radioactive material&#8221; means any material that emits ionizing
radiation spontaneously.

7. &#8220;Source material&#8221; means uranium or thorium, or any combination
thereof, in any physical or chemical form; or ores that contain by weight
one-twentieth of one percent (0.05 percent) or more of uranium, thorium, or any
combination thereof. Source material does not include special nuclear material.

8. &#8220;Special nuclear material&#8221; means (i) plutonium, uranium 233,
uranium enriched in the isotope 233 or in the isotope 235, and any other
material which the United States Nuclear Regulatory Commission or any successor
thereto has determined to be such but does not include source material; or (ii)
any material artificially enriched by any of the foregoing but not including
source material.

9. &#8220;Specific license&#8221; means a license, issued to a named person upon
application filed under the regulations promulgated pursuant to this article, to
use, manufacture, produce, transfer, receive, acquire, or possess quantities of,
or devices or equipment utilizing, radioactive material.

HISTORY: Code 1950, § 32-414.3; 1964, c. 158; 1975, c. 563; 1979, c. 711; 2008,
cc. 41, 466.