For the purposes of this chapter: 1. "Byproduct material" means 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; and the tailings or wastes produced by the extraction, or concentration of uranium or thorium from any ore processed primarily for its source material content. 2. "Commission" means United States nuclear regulatory commission or any successor. 3. "Department" means the department of environmental quality. 4. "General license" means a license effective under rules adopted by the department without the filing of an application to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing byproduct, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially. 5. "Ionizing radiation" means gamma rays and x -rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light. 6. "Person" has the same meaning as under section 1-01-49, except it does not mean the commission or federal government agencies licensed by the commission. 7. "Radioactive material" means any solid, liquid, or gas that emits ionizing radiation spontaneously. 8. "Registration" means submitting a satisfactory registration form and receiving a certificate of registration under chapter 23.1-02. 9. "Special nuclear material" means: a. Plutonium, uranium -233, uranium enriched in the isotope -233 or in the isotope-235, and any other material the department declares by rule to be special nuclear material after the commission has determined the material to be such, but does not include source material; or b. Any material, other than source material, that is artificially enriched by plutonium, uranium-233, uranium enriched in the isotope -233 or in the isotope -235, and any other material the department declares by rule to be special nuclear material after the commission has determined the material to be such. 10. "Specific license" means a license issued after application, to process, generate, dispose, use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing byproduct, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially. 11. "Source material" means uranium, thorium, or any other material the department declares by rule to be source material after the commission has determined the material to be such; or ores containing one or more of those materials, in such concentration as the department declares by rule to be source material after the commission has determined the material in such concentration to be source material. 12. "Surety" means cash deposits, surety bonds, certificates of deposit, deposits of government securities, letters of credit, and other surety mechanisms deemed acceptable by the department.
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