(1) As used in this part 2, unless the context otherwise requires: (a) "Disposal" means burial in soil, release through a sanitary sewerage system, incineration, or long-term storage with no intention of or provision for subsequent removal. (b) "Facility" means a uranium or thorium mill, processing, or disposal facility required to be licensed pursuant to this article and a site for the facility. (c) "Ore" means naturally occurring uranium-bearing, thorium-bearing, or radium- bearing material in its natural form prior to chemical processing, such as roasting, beneficiating, or refining, and specifically includes material that has been physically processed, such as by crushing, grinding, screening, or sorting. (d) "Radioactive" means emitting alpha particles, beta particles, gamma rays, high- energy neutrons or protons, or other radioactive particles. (e) "Radioactive waste" means low-level radioactive wastes containing source, special nuclear, or byproduct material that are acceptable for disposal in a land disposal facility. For the purposes of this paragraph (e), "low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material, as that term is defined in section 25-11-101 (1)(b), (1)(c), and (1)(d). (f) "Technologically enhanced naturally occurring radioactive material" or "TENORM" means naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices. "TENORM" does not include: (I) Background radiation or the natural radioactivity of rocks or soils; (II) "Byproduct material" or "source material", as defined by Colorado statute or rule; or (III) Enriched or depleted uranium as defined by Colorado or federal statute or rule. (g) "Type 2 byproduct material" means the subcategory of byproduct material specified in section 25-11-101 (1)(b). (2) Nothing in this part 2 applies to, includes, or affects: (a) The following naturally occurring radioactive materials or TENORM: (I) Residuals or sludges from the treatment of drinking water by aluminum, ferric chloride, or similar processes; except that the material may not contain hazardous substances that otherwise would preclude receipt; (II) Sludges, soils, or pipe scale in or on equipment from oil and gas exploration, production, or development operations or drinking water or wastewater treatment operations; except that the material may not contain hazardous substances that otherwise would preclude receipt; (III) Materials from or activities related to construction material mining regulated under article 32.5 of title 34, C.R.S.; or (b) The treatment, storage, management, processing, or disposal of solid waste, which may include naturally occurring radioactive material and TENORM, either pursuant to a certificate of designation issued under article 20 of title 30, C.R.S., or at a solid waste disposal site and facility considered approved or otherwise deemed to satisfy the requirement for a certificate of designation pursuant to article 20 of title 30, C.R.S., or section 25-15-204 (6).
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