CHAPTER 446a

RADIATION AND RADIOACTIVE MATERIALS

Table of Contents

Sec. 22a-151. (Formerly Sec. 19-25b). Ionizing radiation: Definitions.


Sec. 22a-151. (Formerly Sec. 19-25b). Ionizing radiation: Definitions. As used in sections 22a-151 to 22a-158, inclusive:

(1) “By-product material” means each of the following: (A) Any radioactive material, other than special nuclear material, that is yielded in or made radioactive by exposure to radiation which is incidental to the process of producing or utilizing special nuclear material; (B) the tailings or wastes produced by 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 extraction processes but excluding any underground ore bodies depleted by such solution extraction processes; (C) any discrete source of radium-226 that is produced, extracted or converted after extraction for use for a commercial, medical or research activity; (D) any material that (i) was made radioactive by use of a particle accelerator, including by use of a fusion machine, and (ii) if made radioactive by use of an accelerator that is not a fusion machine, is produced, extracted or converted after extraction for use for a commercial, medical or research activity; and (E) any discrete source of naturally occurring radioactive material, other than source material, that is extracted or converted after extraction for use in a commercial, medical or research activity, if the United States Nuclear Regulatory Commission determines that the source would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety;

(2) “Ionizing radiation” means gamma rays and 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 ultra violet light. The Commissioner of Energy and Environmental Protection shall be empowered to make regulations amending or modifying this definition;

(3) “General license” means a license effective pursuant to regulations promulgated by the Commissioner of Energy and Environmental Protection without the filing of an application for, or issuance of a licensing document for, the transfer, transport, acquisition, ownership, possession or use of quantities of, or devices or equipment utilizing by-product, source, special nuclear materials or other radioactive material occurring naturally or produced artificially;

(4) “Specific license” means a license, issued after application, to use, manufacture, produce, transfer, transport, 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;

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

(6) “Registration” means registration in conformance with the requirements of section 22a-148. The issuance of a specific license pursuant to sections 22a-151 to 22a-158, inclusive, shall be deemed to satisfy fully any registration requirements set forth in said section;

(7) “Source material” means each of the following: (A) Uranium, thorium or any combination of said elements, in any physical or chemical form; (B) any other material if the United States Nuclear Regulatory Commission determines the material to be source material; and (C) ores that contain uranium, thorium or any combination of said elements in a concentration by weight of 0.05 per cent or more, or in such lower concentration if the United States Nuclear Regulatory Commission determines the material in such concentration to be source material;

(8) “Special nuclear material” means:

(A) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material if the United States Nuclear Regulatory Commission determines the material to be such special nuclear material, but does not include source material; or (B) any material artificially enriched by any elements, isotopes or materials listed in subparagraph (A) of this subdivision not including source materials;

(9) “Radioactive materials” means any solid, liquid or gas that emits ionizing radiation spontaneously;

(10) “Commissioner” means the Commissioner of Energy and Environmental Protection or the commissioner's designee or agent;

(11) “Naturally occurring radioactive material” means material that contains radionuclides that are naturally present in the environment in materials, including, but not limited to, rocks, soil, minerals, natural gas, petroleum and ground or surface water;

(12) “Discrete source” means a radionuclide that was processed such that its concentration within a material was purposely increased for use for commercial, medical or research activities;

(13) “Sources of ionizing radiation” means, collectively, radioactive materials and radiation generating equipment; and

(14) “Fusion machine” has the same meaning as provided in 42 USC 2014, as amended from time to time.

(1967, P.A. 550, S. 1; 1971, P.A. 872, S. 415, 416; P.A. 95-79, S. 95, 189; P.A. 11-80, S. 1; June Sp. Sess. P.A. 21-2, S. 40; P.A. 23-153, S. 3; P.A. 25-170, S. 3.)

History: 1971 act replaced public health council with commissioner of environmental protection in Subdivs. (2) and (3); Sec. 19-25b transferred to Sec. 22a-151 in 1983; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subdivs. (2) and (3), effective July 1, 2011; June Sp. Sess. P.A. 21-2 redefined “by-product material” in Subdiv. (1), “person” in Subdiv. (5), “source material” in Subdiv. (7), “special nuclear material” in Subdiv. (8) and added definitions of “radioactive materials” as Subdiv. (9), “commissioner” as Subdiv. (10), “naturally occurring radioactive material” as Subdiv. (11) and “discrete source” as Subdiv. (12); P.A. 23-153 added Subdiv. (13) to define “sources of ionizing radiation”, effective June 26, 2023; P.A. 25-170 amended Subdiv. (1) to redefine by-product material and added Subdiv. (14) to define “fusion machine”, effective July 8, 2025.