The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Account.” The Long-Term Care Account.

“Affected municipalities.” Any unit of local government other than the host municipality designated as an affected municipality pursuant to section 318.¹ Affected municipalities may be counties, cities, boroughs, townships or school districts.

“Appalachian Compact” or “compact.” A compact entered into by Pennsylvania under the terms of the Low-Level Radioactive Waste Policy Amendments Act of 1985,² and as contained in the Appalachian States Low-Level Radioactive Waste Compact Law.³

“Appalachian States Low-Level Radioactive Waste Compact Law.” The act of December 22, 1985 (P.L. 539, No. 120).

“Atomic Energy Act of 1954.” Public Law 83-703, 68 Stat. 921, 42 U.S.C. § 2011 et seq.

“Broker.” Any intermediate person who collects, consolidates, handles, treats, processes, stores, packages, ships or otherwise has responsibility for or possesses low-level waste.

“Carrier.” A person who transports low-level waste from or to any generator or waste management facility or to a regional facility.

“Commercial incinerator.” An incinerator of low-level radioactive waste, except one which incinerates waste at the site of generation or at which only waste generated within the compact by the owner of the incinerator is incinerated.

“Commission.” The Appalachian States Low-Level Radioactive Waste Commission.

“Compact states.” The combined states including Pennsylvania which have entered into the Appalachian States Low-Level Radioactive Waste Compact.

“Curie.” A unit of measure of radioactivity.

“Custodial agency.” The government entity designated by the Governor other than the licensing agency responsible for the long-term monitoring and care of the regional facility.

“Department.” The Department of Environmental Resources of the Commonwealth.

“Disposal.” The isolation of low-level waste from the biosphere.

“Engineered structure.” Man-made state-of-the-art barrier designed to provide additional measures for containment of radioactive waste from the environment, protection of the inadvertent intruder and stability of the disposal facility and designed to prevent any radioactive release.

“Facility.” Any real or personal property and improvements thereof or thereon, and any and all plants, structures, machinery and equipment, acquired, constructed, operated or maintained for the management or disposal of low-level waste.

“Fund.” The Low-Level Waste Fund.

“Generate.” To produce low-level waste requiring disposal.

“Generator.” A person whose activity results in the production of low-level waste requiring disposal.

“Hazardous life.” The time required for radioactive materials to decay to safe levels of radioactivity, as defined by the time period for the concentration of radioactive materials within a given container or package to decay to maximum permissible concentrations as defined by the Federal law or by standards to be set by the host state, whichever is more restrictive.

“Hazardous wastes.” As defined in the act of July 7, 1980 (P.L. 380, No. 97),⁴ known as the Solid Waste Management Act, and regulations adopted thereunder.

“Host municipality.” One or more city, borough, incorporated town or township, excluding counties, in which the low-level waste disposal facility will be constructed, as designated by the department pursuant to section 318.

“Institutional control period.” The time of the continued observation, monitoring and care of the regional facility following transfer of control from the operator to the custodial agency, which shall continue for the hazardous life of the waste.

“Low-level waste.” Radioactive waste that:

“Low-Level Radioactive Waste Policy Amendments Act of 1985.” Public Law 99-240, 99 Stat. 1842, 42 U.S.C. § 2021b et seq.

“Management.” The reduction, collection, consolidation, storage, processing, incineration, separation, minimization, compaction, segregation, solidification, evaporation, packaging or treatment of low-level waste.

“Operator.” A person who operates a regional facility.

“Person.” Any individual, corporation, partnership, association, public or private institution, cooperative enterprise, municipal authority, public utility, trust, estate, group, Federal Government or agency, other than the United States Nuclear Regulatory Commission or any successor thereto, state institution and agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provision of this act prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term “person” shall include officers and directors of any corporation or other legal entity having officers and directors.

“Protection Fund.” The Regional Facility Protection Fund.

“Radiation Protection Act.” The act of July 10, 1984 (P.L. 688, No. 147).⁵

“Regional facility.” A facility which has been approved by the commission and licensed under this act for the disposal of low-level waste.

“Secretary.” The Secretary of Environmental Resources of the Commonwealth.

“Separation.” Segregation and isolation of all low-level radioactive waste in accordance with a waste classification system to be established by regulation by the department.

“Shallow land burial.” The disposal of low-level radioactive waste directly in subsurface trenches without additional confinement in engineered structures and in proper packaging as determined under this act.

“Zero release capacity.” The ability not to release radioactivity.