1983-06-03_REVISION - M1977285 (2)

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43.2 "Capable fault" as used in this part has the same meaning as defined in Section III(g) of Appendix A of Title 10 Code of Federal Regulations (CFR) Part 100. • "Closure" means the post-operational activities to decontaminate and decommission the buildings and site used to produce byproduct materials and reclaim the tailings and(or disposal area, including groundwater restoration, if needed. "Closure plan" means the plan approved by the Agency to accomplish closure. "Commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site, but does not include necessary borings to determine site characteristics or other preconstruction monitoring to establish back- ground information related to the suitability of a site, or to the protection of the environment. "Commission" means the United States Nuclear Regulatory Commission or any successor to that Agency. - "Compliance period" begins when the Agency sets secondary groundwater protection standards and ends when the owner or operator's license is terminated and the site is transferred to the State or Federal govern- ment for long-term care, if applicable. "Dike" means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other • materials. "Disposal area" means the area containing byproduct materials to which the requirements of 43.90(1) apply. "Existing portion" as used in 43.90(e)(1), iaeans that land surface area of an existing surface impoundment on which significant quantities of uranium or thorium byproduct materials had been placed prior to September 30, 1983. "Fund" means the Radiation and Perpetual Case Fund. "Groundwater" means water below the land suxface in a zone of saturation. For purposes of this part, groundwater is the water contained within an aquifer as defined above. "Hazardous constituent," subject to 43.90(f)(1), is a constituent which meets all three of the following tests: (1) The constituent is reasonably expected to be in or derived from the byproduct material in the disposal area; (2) The constituent has been detected in the groundwater in the uppermost aquifer; and (3) The constituent is listed in 10 CFR Pari 40, Appendix A, • Criterion 13. 43 - 2 (April 1990) ~.