Tennessee § 68-202-101 - Part definitions.

§ 68-202-101. Part definitions.

As used in this part, unless the context otherwise requires: “Atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation; “By-product material” means any radioactive materials, except special nuclear materials, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear materials; “Production facility” means: Any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or Any important component part especially designed for such equipment or device. “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 ultraviolet light; “Source material” means any material other than special nuclear material which contains by weight one twentieth of one percent (0.05%) or more of: Uranium; Thorium; or Any combination thereof; “Special nuclear material” means: Plutonium and uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States atomic energy commission has determined the material to be such; or Any material artificially enriched by any of the foregoing; and “Utilization facility” means: Any equipment or device, except an atomic weapon, capable of making use of special nuclear materials in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or Any important component part especially designed for such equipment or device. Acts 1957, ch. 324, § 2; 1961, ch. 10, § 1; T.C.A., §§ 53-3101, 68-23-101. Compiler's Notes. Former title 68, ch. 23, parts 1-7 were transferred to title 68, ch. 202, parts 1-7, respectively, in 1992. See the following parallel reference table for the former and new section locations. Former Sections New Sections 68-23-101—68-23-105 68-202-101— 68-202-105 68-23-201—68-23-217 68-202-201— 68-202-217 68-23-301—68-23-311 68-202-301— 68-202-311 68-23-401—68-23-417 68-202-401— 68-202-417 68-23-501—68-23-508 68-202-501— 68-202-508 68-23-601—68-23-604 68-202-601— 68-202-604 68-23-701—68-23-704 68-202-701— 68-202-704 Section 1 of chapter 324 of the Public Acts of 1957 contained a declaration of legislative policy which read: “Declaration of policy. (a) The state of Tennessee endorses the action of the congress of the United States in enacting the Atomic Energy Act of 1954 to institute a program to encourage the widespread participation in the development and utilization of atomic energy for peaceful purposes to the maximum extent consistent with the common defense and security and with the health and safety of the public; and therefore declares the policy of the state of Tennessee to be: “(1) To cooperate actively in the program thus instituted, and “(2) To provide for the exercise of the state's regulatory authority with respect to special nuclear, by-product, and radioactive materials; production facilities and utilization facilities; and other forms of radiation, and persons operating such facilities as may be within the jurisdiction of the state, so as to conform as nearly as practicable to the Atomic Energy Act of 1954 and regulations issued thereunder, to the end that there may, in effect, be a single harmonious system of regulation within the state. “(b) The state of Tennessee recognizes that the production or utilization of atomic energy and other forms of radiation may result in new conditions calling for changes in the laws of the state and in regulations issued thereunder with respect to health and safety, working conditions, workmen's compensation, transportation, public utilities, life, health, accident, fire and casualty insurance, the conservation of natural resources, including wildlife, and the protection of streams, rivers, and airspace from pollution, and therefore declares the policy of the state to be: “(1) To adopt its laws and regulations to meet the new conditions in ways that will encourage the healthy development in the production and use of atomic energy and other forms of radiation while at the same time protecting the public interest; and “(2) To be alert to the need for changes in the relevant laws and regulations of the state by the respective departments and agencies of the state which are responsible for their administration; and “(3) To assure the coordination of atomic development, and regulatory activities of the state of Tennessee with the development and regulatory activities of other states and of the government of the United States.” Cross-References. Administration by industrial development division of the department of economic and community development, § 4-3-706 . Hazardous waste management, §§ 68-212-101 — 68-212-115 . Law Reviews. Workmen's Compensation for Radiation Injuries in Tennessee (E. Blythe Stason), 19 Vand. L. Rev. 571. Comparative Legislation. Atomic energy: Ala. Code § 22-14-1 et seq. Ark. Code § 15-10-301 . Ga. O.C.G.A. § 31-13-1 et seq. Ky. Rev. Stat. Ann. § 211.840 et seq. Miss. Code Ann. § 45-14-1 et seq. Mo. Rev. Stat. § 192.400 et seq. N.C. Gen. Stat. § 104E-1 et seq. Va. Code § 32.1-227 et seq. Collateral References. 6 Am. Jur. 2d Atomic Energy § 1 et seq. State regulation of nuclear power plants. 82 A.L.R.3d 751. Health and Environment 25.5(7). States 6.