Definitions

For the purpose of345 CMR 3.00, the following definitions, in addition to the definitions set forth in 345 CMR 1.02, shall apply unless the context or subject matter requires a different interpretation: Abnormal Occurrence, an unscheduled incident or event which the U.S. Nuclear Regulatory Commission or DPH determines is significant from the standpoint of public health or safety. Accident, any abnormal occurrence or other event arising from the storage, treatment, recycling or disposal of waste that causes a discharge or dispersal of waste or elements contained in the waste from its intended place of confinement. Active Maintenance, any significant activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives in 105 CMR 120.800 are met. The term includes major remedial action such as replacement of disposal unit barrier. Active maintenance does not include custodial activities such as repair offencing, repair or replacement of monitoring equipment, revegetation, minor additions to soil cover, minor repair of disposal unit barriers, and generaldisposal site upkeep such as mowing grass. Administrative Judgment, any administrative order, notice of violation, permit revocation, permit suspension or penalty or fine, whether civil or criminal, rendered against, or imposed by consent order, judgment or decree on an applicant, affiliated entity, principal, or key personnel by any agency of the Commonwealth or by that of any other state or by that of the federal government. Affiliated Entity, any public or private corporation or authority, firm, joint stock company, partnership, association, trust, estate, institution or other entity, which has common ownership or control with the applicant. Applicant, any person who responds to a request for proposals pursuant to 345 CMR 3.22. Buffer Zone, a parcel of land which is an integral part of a facility that is controlled by the facility licensee and acts as a surrounding boundary to the facility. Closure Plan, the plan, required as a condition of a facility license, prepared pursuant to regulations adopted under M.G.L. c. 111H, § 16, to assure safe facility closure after operation. ContingencyPlans for FacilityOperations, the emergency response plans for unplanned occurrences required by 105 CMR 120.800. Continuing Violation, a violation of a statute, bylaw, ordinance or regulation that is not being abated or removed after notice from the relevant enforcing authority has been given to the person who committed such violation or a violation where the violator is not cooperating in good faith with the appropriate federal, state or local agency to remedy or abate the violation. Key Personnel, any individual who makes or can be expected to make management decisions for an applicant, related to obligations contracted for pursuant to 345 CMR 3.00. Major Violation, a violation of a statute, bylaw, ordinance or regulationwhich,inthe Board's judgment, either has resulted in, or reasonably might have resulted in, serious personal injury, disease or death to any person or major environmental impact; except that a major violation shall not include a violation arising principally out of the act of a third party, not under the control of the person found to have committed the violation. Pattern of Major Violations, the issuance, within the past five years, of two or more final court judgments, decrees or settlement agreements or administrative judgments, of which judicial review has not been sought, which: (a) arose out of separate instances of personal injury, disease, death or environmental impact; (b) in the judgment of the Board, involve substantially similar factual allegations, defenses or mitigation claims; and (c) contain a finding that the applicant, its affiliated entities, principal or key personnel has committed a major violation. Principal, any person having a 10% or more of the total financial interest in an applicant's facility proposal. Retrievability, the ability to recover waste in an intact container without substantial destruction of the engineered barriers surrounding the waste containers. Stability, structural stability. Surveillance, observation of a facility for purposes of visual detection of the need for maintenance or custodial care, evidence of intrusion, or compliance with other license or regulatory requirements. Violation, any act or failure to act which constitutes or results in one or more of the following: (a) engaging in any business or other activity without a license or approval whenever engagingin such business or activity requires such license or approval. (b) engaging in any activity prohibited by, or not in compliance with, any statute, by-law, ordinance or regulation. (c) not fully doing, or not doing in timely fashion, anything required by any statute, by-law, ordinance or regulation. Waste, low-level radioactive waste. Waste Management Area, that portion of a facility where low-level radioactive waste hasbeen, isbeing or will be treated, stored or disposed of.