3747-3-01 Definitions.

As used in Chapter 3747-3 of the Administrative Code:

(A) "Applicant" means any person seeking to be a contractor for development, as defined in section 3747.01 of the Revised Code, and operation of a low-level radioactive waste disposal facility.

(B) "Attorney general" means the attorney general or his authorized representative.

(C) "Business concern" means any corporation, association, firm, partnership, trust, sole proprietorship, or other form of commercial organization.

(D) "Calendar year" means January first through December thirty-first of a given year.

(E) "Debt liability" means bonds, debentures, notes, mortgages and loans of any kind, secured or unsecured, and other similar debt instruments.

(F) "Disclosure statement" means a statement submitted to the attorney general by an applicant which contains that information required in rule 3747-3-02 of the Administrative Code.

(G) "Employed in a supervisory capacity" refers to any individual, including a foreman, having been delegated authority which:

(1) Is delegated in the interest of the employer;

(2) Involves the exercise of that individual's independent judgment;

(3) Is not merely authority to perform a routine or clerical task; and

(4) Is authority to perform or effectively to recommend any one or more of the following actions: hiring, firing, transferring, suspending, laying off, recalling, promoting, discharging, assigning, rewarding, disciplining, directing, or adjusting grievances of, employees whose duties or responsibilities involve, in whole or part, the management of (including but not limited to the evaluation of, identification of, labeling of, and monitoring of the effects of), handling of, disposal of, transportation of, storage of, or treatment of low-level radioactive waste.

(H) "Empowered to make discretionary decisions" refers to any individual, including a foreman, who has been delegated authority which:

(1) Is delegated in the interest of the employer;

(2) Involves the exercise of, that individual's independent judgment;

(3) Is not merely authority to perform a routine or clerical task; and

(4) Is authority which relates to any one or more of the following aspects of low-level radioactive waste operations: the management of (including but not limited to evaluation of, identification of, labeling of, and monitoring of the effects of), handling of, disposal of, transportation of, storage of, or treatment of low-level radioactive waste.

(I) "Facility" means a parcel of land or site, together with the structures, equipment, and improvements on or appurtenant to the land or site, which is or has been used for the disposal of low-level radioactive waste, which is being developed for that purpose, or upon which the construction of improvements or installation of equipment is occurring for that purpose.

(J) "Key employee":

(1) Means any individual:

(a) Employed by the applicant in a supervisory capacity for the subject facility; or

(b) Empowered to make discretionary decisions for the subject facility;

(2) Means, if the applicant has entered into a contract with another person to operate the subject facility:

(a) Those employees of the contractor who are employed in a supervisory capacity for the subject facility; or

(b) Those employees of the contractor who are empowered to make discretionary decisions for the subject facility; and

(3) Does not include:

(a) Any employee exclusively engaged in the physical or mechanical collection, transfer, transportation, treatment, storage or disposal of low-level radioactive waste; or

(b) A public official or public employee, as defined in division (B) of section 102.01 of the Revised Code, who is required to file a disclosure statement under section 102.02 of the Revised Code.

(K) "Listed business concern" means a business concern other than the applicant that is required to be listed in a disclosure statement and referred to in paragraphs (B)(3)(a) to (B)(4)(c) and (Y)(1) to (Y)(2) of rule 3747-3-02 of the Administrative Code.

(L) "Operator" means the person responsible for the direct control or overall operation of a facility.

(M) "Owns or controls" means holds or is able to control the purchase or sale of at least five per cent of the equity of a publicly traded corporation or twenty-five per cent of the equity of any other business concern, either directly or through a holding company or subsidiary.

(M) "Partner" means any person holding a position as, or similar to, a general partner, as defined in division (E) of section 1782.01 of the Revised Code, or a limited partner, as defined in division (F) of section 1782.01 of the Revised Code, or persons who share profits and liability and have management powers of a partnership, as partnership is defined in section 1775.05 of the Revised Code.

(N) "Person" includes any individual or business concern.

(O) "Publicly traded corporation" means a corporation:

(1) Whose shares are listed on a national securities exchange;

(2) Whose shares are regularly quoted in an over-the-counter market by one or more members of a national or affiliated securities association; or

(3) With fifty or more shareholders.

(P) "Relative" means a mother, father, sister, brother, aunt, uncle, spouse, children, adopted children, step children, grandparent, or the parent, brother or sister of the spouse.

(Q) "Sole proprietorship" means a form of business, other than a partnership or corporation, in which one person owns all the assets and is solely liable for all the debts of the business. sole proprietor includes, notwithstanding the former, any individual or entity in which an individual is an applicant.

(R) "Subject facility" means the facility in the state of Ohio for which the applicant seeks to be a contractor for development, as defined in section 3747.01 of the Revised Code, and operation thereof.

Eff 12-22-96
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3747.07
Rule amplifies: RC 3747.07, 3747.10