Terms Used In Ohio Code > Chapter 3748 - Radiation Control Program

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Byproduct material: means either of the following:

  (1) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to radiation incident to the process of producing or utilizing special nuclear material;

  (2) 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 Ohio Code 3748.01

• Certified radiation expert: means an individual who has complied with all of the following:

  (1) Applied to the director of health for certification as a radiation expert under section 3748. See Ohio Code 3748.01

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Decommissioning: means to safely remove any licensed operation from service and reduce residual radioactivity to a level that permits release of the licensee's property for unrestricted use. See Ohio Code 3748.01
• Director of health: includes a designee or authorized representative of the director. See Ohio Code 3748.01
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• facility: means the state, any political subdivision, person, public or private institution, or group, or any unit of one of those entities, but does not include the federal government or any of its agencies. See Ohio Code 3748.01
• Handle: means receive, possess, use, store, transfer, install, service, or dispose of sources of radiation unless possession is solely for the purpose of transportation. See Ohio Code 3748.01
• Handler: means a facility that handles sources of radiation unless possession is solely for the purpose of transportation. See Ohio Code 3748.01
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: means an official review, examination, or observation, including, without limitation, tests, surveys, and monitoring, that is used to determine compliance with rules, orders, requirements, and conditions of the department of health and that is conducted by the director of health. See Ohio Code 3748.01
• Ionizing radiation: means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but does not include sound or radio waves or visible, infrared, or ultraviolet light. See Ohio Code 3748.01
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Medical practitioner: means a person who is authorized pursuant to Chapter 4715 of the Revised Code to practice dentistry; pursuant to Chapter 4731 of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery; or pursuant to Chapter 4734. See Ohio Code 3748.01
• Medical-practitioner group: means a corporation, partnership, or other business entity, other than a hospital as defined in section 3727. See Ohio Code 3748.01
• Naturally occurring radioactive material: means material that contains any nuclide that is radioactive in its natural physical state. See Ohio Code 3748.01
• Nonionizing radiation: means any electromagnetic radiation, other than ionizing electromagnetic radiation, or any sonic, ultrasonic, or infrasonic wave. See Ohio Code 3748.01
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Property: means real and personal property. See Ohio Code 1.59
• Quality assurance program: means a program providing for verification by written procedures such as testing, auditing, and inspection to ensure that deficiencies, deviations, defective equipment, or unsafe practices, or a combination thereof, relating to the use, disposal, management, or manufacture of radiation sources are identified, promptly corrected, and reported to the appropriate regulatory authorities. See Ohio Code 3748.01
• Quorum: The number of legislators that must be present to do business.
• Radiation: means ionizing and nonionizing radiation. See Ohio Code 3748.01
• Radiation-generating equipment: means any manufactured product or device, or component of such a product or device, or any machine or system that during operation can generate or emit radiation, except those that emit radiation only from radioactive material. See Ohio Code 3748.01
• Radioactive material: includes accelerator-produced and naturally occurring materials and byproduct, source, and special nuclear material. See Ohio Code 3748.01
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rule: includes regulation. See Ohio Code 1.59
• site closure: refers to a facility for the disposal of low-level radioactive waste or a byproduct material site, as "byproduct material" is defined in division (A)(2) of this section, and means all activities performed at a licensed operation, such as stabilization and contouring, to ensure that the site where the operation occurred is in a stable condition so that only minor custodial care, surveillance, and monitoring are necessary at the site following the termination of the licensed operation. See Ohio Code 3748.01
• Source material: means uranium, thorium, or any combination thereof in any physical or chemical form, or any ores that contain by weight at least one-twentieth of one per cent of uranium, thorium, or any combination thereof. See Ohio Code 3748.01
• Source of radiation: means radioactive material or radiation-generating equipment. See Ohio Code 3748.01
• Special nuclear material: means either of the following:

  (1) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States nuclear regulatory commission determines to be special nuclear material, but does not include source material pursuant to section 51 of the "Atomic Energy Act of 1954" 68 Stat. See Ohio Code 3748.01

• state: means the state of Ohio. See Ohio Code 1.59
• Storage: means the retention of radioactive materials, including low-level radioactive waste, prior to disposal in a manner that allows for surveillance, control, and subsequent retrieval. See Ohio Code 3748.01
• United States: includes all the states. See Ohio Code 1.59
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02