1983-06-03_REVISION - M1977285 (2)

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PART 43 • LICENSING OF URANIUM RECOVERY FACILITIES 43.1 Scope and Purpose (a) (1) This part provides for the specific licensing of the receipt, possession, use, or disposal of radioactive material in uranium recovery facilities and other operations which accept for disposal byproduct material (second definition). No person shall engage in such activities except as authorized in a specific license issued pursuant to this part unless otherwise provided for in Part 41 of these rules. (2) This part provides for the implementation of certain Memoranda of Understanding between the Texas Department of Health and other state agencies. (b) In addition to the requirements of this part, all licensees, unless otherwise specified, are subject to the requirements of Parts 11, 12, 13, 21, 22, and 41 of these rules. 43.2 Definitions • As used in this part, the following definitions apply: "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs. Any saturated zone created by uranium or thorium recovery operations would not be considered an aquifer unless the zone is or potentially is: (1) hydraulically interconnected to a natural aquifer; (2) capable of discharge to. surface water; or (3) reasonably accessible because of migration beyond the vertical projection of the boundary of the land transferred for long-term government ownership and care in accordance with 43.95. "Byproduct material" means: (1) 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 (2) the tailings or wastes produced by or resulting from the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including • discrete surface wastes resulting from uranium solution extrac- tion processes, and other tailings having similar radiological characteristics. 43 - 1 (April 1990)