34-21-2. Definition of terms.

Terms used in this chapter mean:

(1)    By-product material, 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;

(2)    General license, a license effective pursuant to regulations promulgated by the agency, without the filing of any application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially;

(3)    Nuclear energy, all forms of energy released in the course of nuclear fission or nuclear transformation;

(4)    Person, any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy Commission, or any successor thereto;

(5)    Radiation machine, any device that produces radiations when the associated control devices are activated;

(6)    Radiation or ionizing radiation, gamma rays or X rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light;

(7)    Radioactive material, any material, solid, liquid, or gas which emits radiation spontaneously;

(8)    Source material:

(a)    Uranium, thorium, or any other material which the agency declares by order to be source material. United States Nuclear Regulatory Commission determination that a material is a source material shall be considered as evidence in the agency declaration; or

(b)    Ores containing one or more of the foregoing materials, in such concentration as the agency declares by order to be source material. United States Nuclear Regulatory Commission determination that a material is a source material shall be considered as evidence in the agency declaration;

(9)    Sources of ionizing radiation, any radioactive materials or any device or equipment emitting or capable of producing ionizing radiation;

(10)    Special nuclear material:

(a)    Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the agency declares by order to be special nuclear material. United States Nuclear Regulatory Commission determination that a material is special nuclear material shall be considered as evidence in the agency declaration; or

(b)    Any material artificially enriched by any of the foregoing, but does not include source material;

(11)    Specific license, a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.

Source: SL 1957, ch 122, § 2; SDC Supp 1960, § 27.17A02; SL 1967, ch 107, § 1; SL 1978, ch 250, §§ 1, 2; SL 1994, ch 351, § 62.