Montana Code 50-79-302. Disposal of large quantities of radioactive material prohibited — exceptions and exclusion
50-79-302. Disposal of large quantities of radioactive material prohibited — exceptions and exclusion. (1) No person may dispose of large quantity radioactive material, byproduct material, or special nuclear material within the state of Montana.
Terms Used In Montana Code 50-79-302
- Byproduct material: means :
(a)any radioactive material (except special nuclear material) yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or using special nuclear material; and
(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. See Montana Code 50-79-103
- Large quantity radioactive material: means highway route controlled quantity as defined in 49 C. See Montana Code 50-79-103
- person: means any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, or other organization or entity. See Montana Code 50-79-301
- Special nuclear material: means plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the department or the United States nuclear regulatory commission or any successor declares by order to be special nuclear material or any material artificially enriched by any of the foregoing but does not include source material. See Montana Code 50-79-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Byproduct material (except large quantity radioactive material) possessed, used, and transported for educational purposes, scientific research and development, medical research, diagnosis, and treatment, geophysical surveying, and similar uses licensed by the United States nuclear regulatory commission shall be excepted from this part, provided that such material is being or has been lawfully disposed of within Montana upon the effective date of this Act.
(3)Nothing in this part precludes the construction of a nuclear facility approved under the requirements of the Montana Major Facility Siting Act, or the mining of any raw ore, provided that such activity is not inconsistent with this part.