Sec. 1. 38 MRSA §1451, sub-§11, as amended by PL 1989, c. 461, §1, is further amended to read:

11. Low-level radioactive waste. "Low-level radioactive waste" means radioactive material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste or by- product material, as defined in the United States Code, Title 42, Section 2014(e)(2), the Atomic Energy Act of 1954, Section 11(e)(2); and that the United States Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste. Low-level radioactive waste also includes any radioactive material that is generated through the production of nuclear power and that the United States Nuclear Regulatory Commission classified as low-level radioactive waste as of January 1, 1989, but which may be classified as below regulatory concern after that date.

A.__"Low-level radioactive waste" includes radioactive material waste that is relocated and buried on the site of a nuclear facility even if such a facility meets all federal requirements for site release in existence on the effective date of this paragraph.__A facility is subject to the provisions of section 1493, notwithstanding that the facility has not been approved by the United States Nuclear Regulatory Commission as a low-level radioactive waste facility.

"Low-level radioactive waste" does not include radioactive material remaining at the site of a decommissioned facility if the site meets the following enhanced state standards as determined by the department:

(1)__The site has been determined by the United States Nuclear Regulatory Commission to meet the criteria for release under 10 Code of Federal Regulations, Part 20 pursuant to a license termination plan approved by that commission;

(2)__The site is not used for the disposal of radioactive material generated by a facility other than the nuclear power plant;

(3)__The residual radioactivity distinguishable from background radiation results in a total effective dose equivalent to an average member of the critical group of not more than 10 millirems, or 0.10 millisievert, per year, including that from groundwater sources of drinking water; and