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The Environmental Permitting (England and Wales) Regulations 2016

Type Statutory-Instrument

Publication 2016-12-11

Last updated 2026-03-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

(1) Despite paragraph 6, provided it does not compromise the achievement of any of the environmental objectives relating to groundwater in relation to a river basin district, the regulator may grant an environmental permit for—

(a) the injection of water containing substances resulting from the operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations from which hydrocarbons or other substances have been extracted or into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that the injection does not contain substances other than those resulting from the above operations;

(b) the reinjection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works;

(c) the injection of natural gas or liquefied petroleum gas for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes;

(d) the injection of carbon dioxide streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is made in accordance with Chapter 3 of Part 1 of the Energy Act 2008 and other EU-derived domestic legislation which transposed Directive 2009/31/EC on the geological storage of carbon dioxide in relation to England and Wales;

(e) the injection of natural gas or liquefied petroleum gas for storage purposes into other geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater;

(f) construction, civil engineering and building works and similar activities on or in the ground which come into contact with groundwater;

(g) discharges of small quantities of substances for scientific purposes for characterisation, protection or remediation of bodies of water limited to the amount strictly necessary for the purposes concerned;

(h) interventions in surface waters for the purposes, amongst others, of mitigating the effects of floods and droughts, and for the management of waters and waterways;

(i) the artificial recharge or augmentation of a body of groundwater for the purposes of groundwater management;

(j) reinjection into the same aquifer of water used for geothermal purposes.

(k) in relation to England, any groundwater activity to remediate the effects of pollution in groundwater or in the land or waters surrounding groundwater;

(l) in relation to England, the injection of any substance into groundwater to increase the flow of fluids or gas to a well or borehole in connection with the extraction or use of any source of energy.

(2) In sub-paragraph (1)(k), the reference to remediating the effects of pollution is—

(a) in the case of the groundwater in question, to doing any works, carrying out any operations or taking any steps to prevent or minimise, or remedy or mitigate the effects of pollution, or

(b) in the case of land or waters surrounding the groundwater in question, to restoring the land or waters to (or closer to) their former state.

Prohibition notice

9

(1) This paragraph applies where—

(a) any person is carrying on, or proposing to carry on, any activity on or in the ground, and

(b) that activity might lead to a discharge mentioned in paragraph 3(1)(a), (b) or (c).

(2) The regulator may serve a notice on the person prohibiting the carrying on of the activity.

(3) The regulator may withdraw a prohibition notice at any time by further notice served on the person.

Notice requiring environmental permit

10

(1) This paragraph applies where—

(a) any person is carrying on, or proposing to carry on, any activity on or in the ground, and

(b) that activity might lead to a discharge mentioned in paragraph 3(1)(a), (b) or (c).

(2) The regulator may serve a notice on the person requiring the person, from the date the notice takes effect, to hold an environmental permit authorising the carrying on of the activity.

(3) A notice under sub-paragraph (2) takes effect on the date specified in it, but—

(a) a notice served for the purpose of paragraph 11 must not take effect until at least 6 months after it is served, and

(b) a notice served for the purpose of paragraph 12, or for any other purpose, must not take effect until at least 3 months after it is served.

Notice in relation to a highway drain

11

A highway authority or other person entitled to keep open a highway drain by virtue of section 100 of the 1980 Act who operates a highway drain other than under and in accordance with an environmental permit is not guilty of an offence under regulation 38(1) unless—

(a) the regulator has served a notice on that person under paragraph 10 of this Schedule, and

(b) the notice has taken effect.

Guidance

12

(1) The appropriate authority may issue guidance to persons causing or liable to cause inputs of pollutants to groundwater with respect to the steps they must take to prevent or limit those pollutants from entering groundwater.

(2) The regulator must take into account whether or not such guidance is or is likely to be complied with before taking any enforcement action under these Regulations.

(3) Guidance must be publicised as the appropriate authority sees fit.

Liability resulting from discharge of sewage effluent from public sewer

13

(1) This paragraph applies for the purpose of determining liability for a groundwater activity that consists of a discharge of sewage effluent from a discharging sewer vested in a discharging undertaker.

(2) A discharging undertaker causes a discharge of sewage effluent if—

(a) matter included in the discharge is received by the discharging undertaker into the discharging sewer or into any other sewer or works vested in it,

(b) the discharging undertaker was bound (either unconditionally or subject to conditions which were observed) to receive the matter into the discharging sewer or other sewer or works, and

(3) This sub-paragraph applies if, before the discharging undertaker discharges the sewage effluent from the discharging sewer, the sending undertaker, under an agreement with the discharging undertaker under section 110A of the Water Industry Act 1991 , discharges the sewage effluent through a main connection into—

(a) the discharging sewer, or

(b) any other sewer or works vested in the discharging undertaker.

(4) If sub-paragraph (3) applies, the sending undertaker causes the discharge if—

(a) matter included in the discharge was received by the sending undertaker into a sewer or works vested in it, and

(b) it was bound (either conditionally or subject to conditions which were observed) to receive that matter into that sewer or works.

(5) In relation to Wales, a sewerage undertaker is not guilty of an offence under regulation 38(1) in relation to a groundwater activity that consists of a discharge of sewage effluent from a sewer or works vested in it if—

(a) the contravention is attributable to a discharge which another person caused or knowingly permitted to be made into the sewer or works,

(b) the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed, and

(5A) In relation to England, a sewerage undertaker is not guilty of an offence under regulation 38(1) or (2) in relation to a groundwater activity that consists of a discharge of sewage effluent from a sewer or works vested in it if—

(a) the contravention is attributable to a discharge which another person caused or knowingly permitted to be made into the sewer or works,

(b) the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed, and

(6) A person is not guilty of an offence under regulation 38(1) in relation to a discharge which the person caused or knowingly permitted to be made into a sewer or works vested in a sewerage undertaker if that undertaker was bound to receive the discharge, either unconditionally or subject to conditions which were observed.

SCHEDULE 23 — Radioactive substances activities

PART 1 — Application

Application

1

This Schedule applies in relation to every radioactive substances activity.

PART 2 — Interpretation

Interpretation

1

(1) In this Schedule—

“article” includes a part of an article;

“Bq” means becquerels;

“contamination” occurs where a substance or article is so affected by—absorption, admixture or adhesion of radioactive material or radioactive waste, orthe emission of neutrons or ionising radiation,as to become radioactive or to possess increased radioactivity;

“disposal” in relation to waste includes its removal, deposit, destruction, discharge (whether into water or into the air or into a sewer or drain or otherwise) or burial (whether underground or otherwise) and “dispose of” is to be construed accordingly;

“m”, where it appears after a radionuclide, means a radionuclide in a metastable state of radioactive decay in which gamma photons are emitted;

“mobile radioactive apparatus” means any apparatus, equipment, appliance or other thing which is radioactive material and—is constructed or adapted for being transported from place to place, oris portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms;

“nuclear site” means—any site in respect of which a nuclear site licence is for the time being in force, orany site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end,and “licensee”, when used in relation to a nuclear site, and “period of responsibility” have the same meaning as in the Nuclear Installations Act 1965 ;

“premises” includes any land, whether covered by buildings or not, including any place underground and any land covered by water;

“relevant liquid” means a liquid which—is non-aqueous, oris classified (or would be so classified in the absence of its radioactivity) under Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures as having any of the following hazard classes and hazard categories (as defined in that Regulation)—acute toxicity: categories 1, 2 or 3,skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C, orhazardous to the aquatic environment: acute category 1 or chronic categories 1 or 2;

“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;

“Table 1”, “Table 2”, “Table 3” mean the tables with those numbers in Part 3 of this Schedule;

“undertaking” includes any trade, business or profession and—in relation to a public or local authority, includes any of the powers or duties of that authority;in relation to any other body of persons (whether corporate or unincorporate), includes any of the activities of that body;

“waste” should be construed in accordance with paragraph 3(2).

(2) In this Schedule, where any reference is made to a substance or article possessing a concentration or quantity of radioactivity which exceeds the value specified in a column in either of Tables 1 and 2, or any of Tables 4A, 5 or 7 in Part 6 of this Schedule, that value is exceeded if—

(a) where only one radionuclide which is listed or described in the relevant table is present in the substance or article, the concentration or quantity of that radionuclide exceeds the concentration or quantity specified in the appropriate entry of that column in that table, or

(b) where more than one radionuclide which is listed or described in the relevant table is present, the sum of the quotient values of all such radionuclides in the substance or article, as determined by the summation rule following the table (as it applies to that column), is greater than one,

and any reference to a concentration or quantity of radioactivity not exceeding such a value shall be construed accordingly.

Interpretation: NORM industrial activity

2

(1) Subject to sub-paragraph (2), in this Schedule—

“type 1 NORM industrial activity” means—the production and use of thorium, or thorium compounds, and the production of products where thorium is deliberately added, orthe production and use of uranium or uranium compounds, and the production of products where uranium is deliberately added;

“type 2 NORM industrial activity” means—the extraction and production of rare earth elements and rare earth element alloys,the mining and processing of ores other than uranium ore,the production of oil and gas,the removal and management of radioactive scales and precipitates from equipment associated with industrial activities,any industrial activity utilising phosphate ore,the manufacture of titanium dioxide pigments,the extraction and refining of zircon and manufacture of zirconium compounds,the production of tin, copper, aluminium, zinc, lead and iron and steel,any activity related to coal mine de-watering plants,china clay extraction,water treatment associated with provision of drinking water, ... geothermal energy production, or the remediation of contamination from any type 1 NORM industrial activity or any of the activities listed above.

(2) An activity which involves the processing of radionuclides of natural terrestrial or cosmic origin for their radioactive, fissile or fertile properties is not a type 1 NORM industrial activity or a type 2 NORM industrial activity.

Interpretation: “radioactive material”, “radioactive waste” and “waste”

3

(1) In this Schedule, except as provided by paragraph 7, 8, 9, 9A or 10—

“radioactive material” means a substance or article which is not waste, and which satisfies the requirements of paragraph 4, 5 or 6 as they apply to such a substance or article;

“radioactive waste” means a substance or article which is waste, and which satisfies the requirements of paragraph 4, 5 or 6.

(2) In this Schedule—

(a) “waste” includes—

(i) any substance which constitutes scrap material or an effluent or other unwanted surplus substance arising from the application of any process, and

(ii) any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoilt, and

(b) any substance or article which, in the course of carrying on any undertaking, is discharged, discarded or otherwise dealt with as if it were waste is presumed to be waste unless the contrary is proved.

NORM industrial activities

4

(1) Sub-paragraph (2) applies to a substance or article which—

(a) arises from or is used in a type 1 NORM industrial activity,

(b) is waste which arises from a type 2 NORM industrial activity, or

(c) is contaminated by a substance or article described in paragraph (a) or (b), including where such contamination occurs indirectly through another contaminated substance or article.

(2) A substance or article to which this sub-paragraph applies is radioactive material or radioactive waste where it has a concentration of radioactivity which exceeds the following values in Table 1—

(a) for a substance or article which is a solid or a substance which is a relevant liquid, the value specified in column 2,

(b) for a substance which is any other liquid, the value specified in column 3, or

Processed radionuclides of natural terrestrial or cosmic origin

5

A substance or article is radioactive material or radioactive waste where—

(a) the substance or article contains one or more of the radionuclides of natural terrestrial or cosmic origin which are listed in column 1 of Table 2,

(b) the substance or article—

(i) is processed or is intended to be processed for the radioactive, fissile or fertile properties of those radionuclides, or

(ii) is contaminated by a substance or article to which paragraph (i) applies, including where such contamination occurs indirectly through another contaminated substance or article, and

(i) a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 2, or

(ii) any other liquid or a gas.

Radionuclides not of natural terrestrial or cosmic origin

6

A substance or article which contains one or more radionuclides that are not of natural terrestrial or cosmic origin is radioactive material or radioactive waste where—

(a) the substance or article is a solid or a relevant liquid and it has a concentration of radioactivity which exceeds the value specified in column 2 of Table 2, or

(b) the substance is any other liquid or a gas.

Radionuclides with a short half-life

7

A substance or article is not radioactive material or radioactive waste where none of the radionuclides which it contains or which it consists of has a half-life exceeding 100 seconds.

Radionuclides not of natural terrestrial or cosmic origin in background radioactivity

8

(1) A substance or article is not radioactive material or radioactive waste where—

(a) the substance or article is contaminated as a result of a climatic process, or a combination of such processes, by radionuclides which—

(i) are not of natural terrestrial or cosmic origin, and

(ii) are not present in the substance or article at a concentration that exceeds that found normally in such a substance or article in the United Kingdom, and

(b) in the absence of such contamination, the substance or article would not otherwise be radioactive material or radioactive waste under this Schedule.

(2) In this paragraph, a “climatic process” includes wind, precipitation and the general circulation of the atmosphere and oceans.

Contaminated substances or articles

9

(1) Subject to sub-paragraph (2), a substance or article is not radioactive material where—

(a) the substance or article is contaminated, but has not been so contaminated with the intention of utilising its radioactive, fissile or fertile properties, and

(b) in the absence of such contamination, the substance or article would not otherwise be radioactive material under this Schedule.

(2) Sub-paragraph (1) only applies while the substance or article is kept on the premises on which the contamination occurred.

Substances or articles after disposal

10

(1) A substance or article is not radioactive material or radioactive waste during the excluded period where—

(a) the substance or article has been disposed of lawfully, and at the time of the disposal no further act of disposal is intended in respect of it, or

(b) the substance or article—

(i) is contaminated by a substance or article to which paragraph (a) applies, including where such contamination occurs indirectly through another contaminated substance or article,

(ii) in the absence of such contamination, would not otherwise be radioactive material or radioactive waste under this Schedule, and

(iii) is not contaminated with the intention of using its radioactive, fissile or fertile properties.

(2) In sub-paragraph (1), “the excluded period” means the period—

(a) beginning at the relevant start time, and

(b) ending at the time that there is an increase in the radiation exposure of the public or of any plant or animal which is caused by the substance or article being subject to a process after the relevant start time.

(3) Sub-paragraph (4) applies to a substance or article which—

(a) is disposed of by burial (whether underground or otherwise) on premises in respect of which an environmental permit in respect of the radioactive substances activity in paragraph 11(2)(b) is held at the time of disposal,

(b) is disposed of in accordance with that permit, and

(4) Where this sub-paragraph applies, the relevant start time is—

(a) where the environmental permit in sub-paragraph (3)(a) is surrendered, the time at which the surrender takes effect, or

(b) where that permit is revoked and—

(i) regulation 23 applies to that permit, the time at which the regulator issues the certificate described in paragraph (4) or (6) of that regulation, or

(ii) regulation 23 does not apply to that permit, the time at which the revocation takes effect.

(5) Sub-paragraph (6) applies to a substance or article (“A”) described in sub-paragraph (1)(b), where the substance or article (“B”) which contaminates it (directly or indirectly) is described in sub-paragraph (3).

(6) Where this sub-paragraph applies, the relevant start time for A is the later of—

(a) the time at which A becomes contaminated, and

(b) the relevant start time for B.

(7) In respect of a substance or article (“C”) to which sub-paragraphs (4) and (6) do not apply, the relevant start time is—

(a) where sub-paragraph (1)(a) applies to C, the time at which C is disposed of;

(b) where sub-paragraph (1)(b) applies to C, the time at which C becomes contaminated.

Interpretation: radioactive substances activity

11

(1) Subject to paragraphs 13 and 14, “radioactive substances activity” means an activity described in sub-paragraph (2), (4), (5) or (6).

(2) A radioactive substances activity is carried on where a person uses premises for the purposes of an undertaking and that person—

(a) except where sub-paragraph (5) applies, keeps or uses radioactive material on those premises,

(b) disposes of radioactive waste on or from those premises, or

knowing or having reasonable grounds for believing the material or waste to be radioactive material or radioactive waste.

(3) For the purposes of sub-paragraph (2)(c), where—

(a) radioactive material is produced, kept or used on any premises,

(b) any substance arising from the production, keeping or use of that material is accumulated in a part of the premises appropriated for the purpose, and

that substance, unless the contrary is proved, is presumed to be radioactive waste.

(4) A radioactive substances activity is carried on where, in the course of a person carrying on an undertaking, that person—

(a) receives radioactive waste for the purposes of disposing of that waste, and

(b) knows or has reasonable grounds for believing the waste to be radioactive waste.

(5) A radioactive substances activity is carried on where a person keeps or uses mobile radioactive apparatus for—

(a) testing, measuring or otherwise investigating any of the characteristics of substances or articles, or

(b) releasing quantities of radioactive material into the environment or introducing such material into organisms.

(6) A radioactive substances activity is carried on where a person carries out intrusive investigation work or other excavation, construction or building work—

(a) to determine the suitability of any premises, or

(b) to enable the use of any premises,

as a place that may be used wholly or substantially for underground disposal.

(7) In sub-paragraph (6)—

“intrusive investigation work” means the drilling of boreholes into, or excavation of, sub-soil or rock to determine geological or hydrogeological conditions;

“underground disposal” means—the disposal of solid radioactive waste in an engineered facility, or in part of an engineered facility, which is beneath the surface of the ground, andwhere the natural environment which surrounds the facility acts, in combination with any engineered measures, to inhibit the transit of radionuclides from the facility to the surface,and does not include the disposal of radioactive waste in a facility which is beneath the surface of the ground only by virtue of the placing of rocks or soil above it.

Discharge of functions: mobile radioactive apparatus

12

(1) In the case of an activity described in paragraph 11(5), if the principal place where the apparatus mentioned in that sub-paragraph is kept when not in use is in England or Wales, functions in relation to the activity are exercisable by the appropriate agency in whose area the principal place of keeping is.

(2) But sub-paragraph (1) does not apply to functions under regulations 36, 37, 38 and 42 (which are exercisable in relation to the activity in accordance with regulation 32(1)).

Nuclear sites

13

(1) Paragraph 11(2)(a) does not apply to the activity carried on by a licensee of a nuclear site on any premises situated on that site at any time—

(a) while a nuclear site licence is in force in respect of that site, and

(b) after the revocation or surrender of such a licence but before the period of responsibility of the licensee has come to an end.

(2) In respect of any premises which—

(a) are situated on a nuclear site, but

(b) have ceased to be used for the purposes of an undertaking carried on by the licensee,

paragraph 11(2)(b) applies to those premises as if the premises were used for the purposes of an undertaking carried on by the licensee.

(3) Paragraph 11(2)(c) does not apply to the accumulation of radioactive waste on any premises situated on a nuclear site.

Vehicles, vessels and aircraft

14

In determining whether any radioactive material is kept or used on any premises, no account must be taken of any radioactive material kept or used in or on any railway vehicle, road vehicle, vessel or aircraft if—

(a) the vehicle, vessel or aircraft is on the premises in the course of a journey, or

(b) in the case of a vessel which is on those premises otherwise than in the normal course of a journey, the material is used in propelling the vessel or is kept in or on the vessel for use in propelling it.

PART 3 — Tables of radionuclides and summation rules

Table 1

1

(1) The Table 1 referred to in paragraph 4 of Part 2 (NORM industrial activities) is—

Radionuclide	Solid or relevant liquid concentration in becquerels per gram (Bq/g)	Any other liquid concentration in becquerels per litre (Bq/l)	Gaseous concentration in becquerels per cubic metre (Bq/m³)
U-238sec	1	0.1	0.001
U-238+	5	10	0.01
U-234	5	10	0.01
Th-230	10	10	0.001
Ra-226+	1	1	0.01
Pb-210+	5	0.1	0.01
Po-210	5	0.1	0.01
U-235sec	1	0.1	0.0001
U-235+	5	10	0.01
Pa-231	5	1	0.001
Ac-227+	1	0.1	0.001
Th-232sec	1	0.1	0.001
Th-232	5	10	0.001
Ra-228+	1	0.1	0.01
Th-228+	1	1	0.001

(2) The Table 1 summation rule in respect of column 2, 3 or 4 means the sum of the quotients A/B where—

(a) “A” means the concentration of each radionuclide listed in column 1 of Table 1 that is present in the substance or article, and

(b) “B” means the concentration of that radionuclide specified in column 2, 3 or 4 (as appropriate) of Table 1.

Table 2

2

(1) The Table 2 referred to in paragraph 5 of Part 2 (processed radionuclides of natural terrestrial or cosmic origin) and paragraph 6 of that Part (radionuclides not of natural terrestrial or cosmic origin) is—

Radionuclide	Concentration in becquerels per gram (Bq/g)
H-3	10²
Be-7	10
C-14	10
F-18	10
Na-22	0.1
Na-24	1
Si-31	10³
P-32	10³
P-33	10³
S-35	10²
Cl-36	1
Cl-38	10
K-42	10²
K-43	10
Ca-45	10²
Ca-47	10
Sc-46	0.1
Sc-47	10²
Sc-48	1
V-48	1
Cr-51	10²
Mn-51	10
Mn-52	1
Mn-52m	10
Mn-53	10²
Mn-54	0.1
Mn-56	10
Fe-52+	10
Fe-55	10³
Fe-59	1
Co-55	10
Co-56	0.1
Co-57	1
Co-58	1
Co-58m	10⁴
Co-60	0.1
Co-60m	10³
Co-61	10²
Co-62m	10
Ni-59	10²
Ni-63	10²
Ni-65	10
Cu-64	10²
Zn-65	0.1
Zn-69	10³
Zn-69m+	10
Ga-72	10
Ge-71	10⁴
As-73	10³
As-74	10
As-76	10
As-77	10³
Se-75	1
Br-82	1
Rb-86	10²
Sr-85	1
Sr-85m	10²
Sr-87m	10²
Sr-89	10³
Sr-90+	1
Sr-91+	10
Sr-92	10
Y-90	10³
Y-91	10²
Y-91m	10²
Y-92	10²
Y-93	10²
Zr-93	10
Zr-95+	1
Zr-97+	10
Nb-93m	10
Nb-94	0.1
Nb-95	1
Nb-97+	10
Nb-98	10
Mo-90	10
Mo-93	10
Mo-99+	10
Mo-101+	10
Tc-96	1
Tc-96m	10³
Tc-97	10
Tc-97m	10²
Tc-99	1
Tc-99m	10²
Ru-97	10
Ru-103+	1
Ru-105+	10
Ru-106+	0.1
Rh-103m	10⁴
Rh-105	10²
Pd-103+	10³
Pd-109+	10²
Ag-105	1
Ag-108m+	0.1
Ag-110m+	0.1
Ag-111	10²
Cd-109+	1
Cd-115+	10
Cd-115m+	10²
In-111	10
In-113m	10²
In-114m+	10
In-115m	10²
Sn-113+	1
Sn-125	10
Sb-122	10
Sb-124	1
Sb-125+	0.1
Te-123m	1
Te-125m	10³
Te-127	10³
Te-127m+	10
Te-129	10²
Te-129m+	10
Te-131	10²
Te-131m+	10
Te-132+	1
Te-133+	1
Te-133m+	1
Te-134	10
I-123	10²
I-125	10²
I-126	10
I-129	0.01
I-130	10
I-131+	1
I-132	10
I-133	10
I-134	10
I-135	10
Cs-129	10
Cs-131	10³
Cs-132	10
Cs-134	0.1
Cs-134m	10³
Cs-135	10²
Cs-136	1
Cs-137+	1
Cs-138	10
Ba-131	10
Ba-140	1
La-140	1
Ce-139	1
Ce-141	10²
Ce-143	10
Ce-144+	10
Pr-142	10²
Pr-143	10³
Nd-147	10²
Nd-149	10²
Pm-147	10³
Pm-149	10³
Sm-151	10³
Sm-153	10²
Eu-152	0.1
Eu-152m	10²
Eu-154	0.1
Eu-155	1
Gd-153	10
Gd-159	10²
Tb-160	1
Dy-165	10³
Dy-166	10²
Ho-166	10²
Er-169	10³
Er-171	10²
Tm-170	10²
Tm-171	10³
Yb-175	10²
Lu-177	10²
Hf-181	1
Ta-182	0.1
W-181	10
W-185	10³
W-187	10
Re-186	10³
Re-188	10²
Os-185	1
Os-191	10²
Os-191m	10³
Os-193	10²
Ir-190	1
Ir-192	1
Ir-194	10²
Pt-191	10
Pt-193m	10³
Pt-197	10³
Pt-197m	10²
Au-198	10
Au-199	10²
Hg-197	10²
Hg-197m	10²
Hg-203	10
Tl-200	10
Tl-201	10²
Tl-202	10
Tl-204	1
Pb-203	10
Pb-210+	0.01
Pb-212+	1
Bi-206	1
Bi-207	0.1
Bi-210	10
Bi-212+	1
Po-203	10
Po-205	10
Po-207	10
Po-210	0.01
At-211	10³
Ra-223+	1
Ra-224+	1
Ra-225	10
Ra-226+	0.01
Ra-227	10²
Ra-228+	0.01
Ac-227+	0.01
Ac-228	1
Th-226+	10²
Th-227	1
Th-228+	0.1
Th-229+	0.1
Th-230	0.1
Th-231	10²
Th-232	0.01
Th-232+	0.01
Th-232sec	0.01
Th-234+	10
Pa-230	10
Pa-231	0.01
Pa-233	10
U-230+	1
U-231	10²
U-232+	0.1
U-233	1
U-234	1
U-235+	1
U-235sec	0.01
U-236	10
U-237	10²
U-238+	1
U-238sec	0.01
U-239	10²
U-240+	10²
Np-237+	1
Np-239	10²
Np-240	10
Pu-234	10²
Pu-235	10²
Pu-236	1
Pu-237	10²
Pu-238	0.1
Pu-239	0.1
Pu-240	0.1
Pu-241	10
Pu-242	0.1
Pu-243	10³
Pu-244+	0.1
Am-241	0.1
Am-242	10³
Am-242m+	0.1
Am-243+	0.1
Cm-242	10
Cm-243	1
Cm-244	1
Cm-245	0.1
Cm-246	0.1
Cm-247+	0.1
Cm-248	0.1
Bk-249	10²
Cf-246	10³
Cf-248	1
Cf-249	0.1
Cf-250	1
Cf-251	0.1
Cf-252	1
Cf-253	10²
Cf-253+	1
Cf-254	1
Es-253	10²
Es-254+	0.1
Es-254m+	10
Fm-254	10 ⁴
Fm-255	10²
	0.01
Any other solid or relevant liquid radionuclide that is not of natural terrestrial or cosmic origin	or that concentration which gives rise to a dose to a member of the public of 10 microsieverts per year calculated by reference to the International Atomic Energy Agency publication “Application of the Concepts of Exclusion, Exemption and Clearance”, IAEA Safety Standards Series No. RS-G-1.7.

(2) The Table 2 column 2 summation rule means the sum of the quotients A/B where—

(a) “A” means the concentration of each radionuclide listed in column 1 of Table 2 that is present in the substance or article, and

(b) “B” means the concentration of that radionuclide specified in column 2 of Table 2.

References in Table 1 and Table 2 to + and sec

3

Where any radionuclide carries the suffix “+” or “sec” in Table 1 or Table 2—

(a) that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 3 in respect of that parent radionuclide, and

(b) a concentration value given in a table in this Part in respect of such a parent radionuclide is the value for the parent radionuclide alone, but already takes into account the daughter radionuclides present.

Table 3

4

The Table 3 referred to in paragraph 3 is—

PART 4 — The Basic Safety Standards Directive

SECTION 1 — Exposures and doses

Optimisation and dose limits

1

In respect of a radioactive substances activity that relates to radioactive waste, the regulator must exercise its relevant functions to ensure that—

(a) all exposures to ionising radiation of any member of the public and of the population as a whole resulting from the disposal of radioactive waste are kept as low as reasonably achievable, taking into account economic and social factors, and

(b) the sum of the doses resulting from the exposure of any member of the public to ionising radiation does not exceed the dose limits set out in Article 12 of the Basic Safety Standards Directive subject to the exclusions set out in Article 5(c) of that Directive.

Specific dose limits and calculation

2

(1) In exercising those relevant functions in relation to the planning stage of radiation protection, the regulator must have regard to the following maximum doses to individuals which may result from a defined source—

(a) 0.3 millisieverts per year from any source..., or

(b) 0.5 millisieverts per year from the discharges from any single site.

(2) In exercising those relevant functions, the regulator must observe the requirements of the following provisions—

(a) when estimating effective dose and equivalent dose—

(i) from external exposure, chapters 4 and 5 of International Commission on Radiological Protection Publication 116; and

(ii) from internal exposure, chapter 1 of International Commission on Radiological Protection Publication 119; and

(b) in estimating population doses, Article 66 of the Basic Safety Standards Directive.

SECTION 2 — Interventions

Radioactive waste: power of the Secretary of State to provide facilities for disposal or accumulation

3

(1) If it appears to the Secretary of State that adequate facilities are not available for the safe disposal or accumulation of radioactive waste, the Secretary of State may—

(a) provide such facilities, or

(b) make arrangements for their provision by such persons as the Secretary of State may think fit.

(2) Before exercising the power under sub-paragraph (1), the Secretary of State must consult with—

(a) any local authority in whose area the facilities would be situated, and

(b) such other public or local authorities (if any) as appear to the Secretary of State to be proper to be consulted.

(3) Reasonable charges for the use of any facilities provided under sub-paragraph (1) may be made by—

(a) the Secretary of State, or

(b) the person providing such facilities, unless the arrangements made by the Secretary of State with that person provide to the contrary.

Radioactive waste: power of disposal by the regulator

4

(1) Sub-paragraph (2) applies if there is radioactive waste on any premises and the regulator is satisfied that the waste ought to be disposed of but that it is unlikely that the waste will be lawfully disposed of—

(a) because the premises are unoccupied,

(b) because the occupier is absent or insolvent, or

(2) The regulator may dispose of the waste and recover any expenses it reasonably incurs in that disposal from—

(a) the occupier of the premises;

(b) if the premises are unoccupied, the owner of the premises.

(3) In sub-paragraph (2)—

(a) “owner” has the same meaning as in section 343 of the Public Health Act 1936 , and

(b) the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees) apply but as if reference in that section to a council recovering expenses under that Act were to the regulator recovering expenses under sub-paragraph (2).

PART 5 — The control of high-activity and other sources

SECTION 1 — Security of sources

Interpretation

1

In this Part—

“high-activity or similar source” means—a high-activity source, orsuch other sealed source which, in the opinion of the regulator, is of a similar level of potential hazard to a high-activity source;

“ high-activity source” means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III of the Basic Safety Standards Directive;

“orphan source” has the same meaning as in the Basic Safety Standards Directive;

“sealed source” has the same meaning as in the Basic Safety Standards Directive.

Site security: inspection

2

(1) In exercising relevant functions in relation to a radioactive substances activity, the regulator must comply with sub-paragraph (3) where a high-activity or similar source is, or will be, kept, used, disposed of or accumulated on any premises.

(2) Sub-paragraph (1) does not apply where the premises are, or are part of, a nuclear site.

(3) In considering if the measures taken, or to be taken, by the operator ensure the adequate security of any premises, the regulator must where appropriate inspect those premises.

(4) Where the regulator inspects any premises under sub-paragraph (3), it may be accompanied by such other persons as are appropriate to assist it in assessing the measures.

(5) An operator must permit the regulator (and any person accompanying it) reasonable access to any premises the regulator wishes to inspect under sub-paragraph (3).

(6) If the operator fails to comply with sub-paragraph (5), the regulator may refuse the application or revoke the permit insofar as it relates to the sources referred to in sub-paragraph (1).

Site security: security measures and advice

3

(1) In exercising relevant functions in relation to a radioactive substances activity, the regulator must comply with sub-paragraph (2) where a high-activity or similar source is, or will be, kept, used, disposed of or accumulated on any premises.

(2) The regulator—

(a) must satisfy itself that there are in place measures concerning site security, including the security measures in sub-paragraph (3), as are appropriate to the source and premises in question,

(b) where it considers it appropriate to do so, must consult the police, security services or other appropriate persons on site security,

(c) must have regard to any advice given by them, if it is issued within such time as the regulator believes is reasonable before it exercises a relevant function, and

(d) must impose appropriate environmental permit conditions concerning site security.

(3) The security measures referred to in sub-paragraph (2)(a) are—

(a) measures to ensure the physical security of the premises, including the installation of alarm and detection systems, and the retaining of documentary evidence of those measures,

(b) measures, which are evidenced in writing—

(i) to prevent unauthorised access to, or loss or theft of, a high-activity or similar source,

(ii) to detect such matters, and

(iii) to review and enhance the physical security of the premises in response to any increased risk of unauthorised access, loss or theft,

(i) that person has passed checks to verify their identity, and

(ii) satisfactory written references have been obtained which confirm, as far as reasonably practicable, that there is no information to indicate that the person presents any security risk to the sources, and

(d) measures to keep secure, and prevent unauthorised access to, information relating to—

(i) a high-activity or similar source, and

(ii) the measures referred to in paragraphs (a), (b) and (c).

SECTION 2 — Advice and assistance in relation to orphan sources

Advice and assistance in respect of orphan sources

4

(1) The relevant person must ensure that specialised technical advice and assistance is promptly made available to persons who—

(a) are not normally involved in operations subject to radiation protection requirements, and

(b) suspect the presence of an orphan source.

(2) The relevant person must ensure that the primary aim of such advice and assistance is—

(a) the safety of the source, and

(b) protecting the public and workers from radiation.

(3) The relevant person means—

(a) in relation to the protection of workers, the Secretary of State;

(b) in relation to the protection of the public (other than workers)—

(i) in England, the Secretary of State;

(ii) in Wales, the Welsh Ministers.

SECTION 3 — Exercise of relevant functions and matters in relation to ... sources

General

5

In exercising relevant functions in relation to a radioactive substances activity, the regulator must comply with Articles 85 to 89 and 91 of the Basic Safety Standards Directive.

Records and inspections

6

In relation to a high-activity source, the regulator must keep records of those matters—

(a) required by Article 90 of the Basic Safety Standards Directive, and

(b) notified to it under Article 91(1) of that Directive.

Training and information

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orphan sources

8

(1) The regulator must—

(a) be prepared, or have made provision (including the assignment of responsibilities), to control and recover any orphan source, and

(b) have drawn up appropriate response plans and measures.

(2) The regulator may recover any expenses reasonably incurred by it in the recovery and disposal of an orphan source from—

(a) the person carrying on the radioactive substances activity involving that source, or

(b) the occupier or owner of the premises where the source is located.

(3) In relation to sub-paragraph (2)—

(a) “owner” has the same meaning as in section 343 of the Public Health Act 1936, and

(b) the provisions of section 294 of that Act (which limits the liability of owners who are only agents or trustees) apply but as if reference in that section to a council recovering expenses under that Act were to the regulator recovering expenses under sub-paragraph (2).

PART 6 — Radioactive substances activity exemptions

SECTION 1 — General

Interpretation

1

In this Part—

“Ba-137m eluting source” means a source which consists of Cs-137 in a sealed container which is designed and constructed to allow the elution of Ba-137m, and which is radioactive material or radioactive waste solely because of that Cs-137;

“Class A gaseous tritium light device” means a gaseous tritium light device where the activity of the device does not exceed 2 x 10¹⁰ Bq of tritium;

“Class B gaseous tritium light device” means a gaseous tritium light device which is installed or intended to be installed on premises and where the activity—in each sealed container in the device does not exceed 8 x 10¹⁰ Bq of tritium, andof the device does not exceed 1 x 10¹² Bq of tritium;

“Class C gaseous tritium light device” means a gaseous tritium light device installed or intended to be installed—in a vessel or aircraft, orin a vehicle or other equipment used or intended to be used by the armed forces of the Crown;

“disposal permit” means—an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule, oran authorisation under the 1993 Act to dispose of radioactive waste held in respect of premises situated in Northern Ireland or Scotland;

“electrodeposited source” means an article where radionuclides are electrodeposited onto a metal substrate and which is radioactive material or radioactive waste solely because it contains Ni-63 or Fe-55;

“gaseous tritium light device” means a sealed source in a device which is an illuminant, instrument, sign or indicator which—incorporates tritium in one or more sealed containers constructed to prevent dispersion of that tritium in normal use, andis radioactive material solely because it contains that tritium;

“high-activity or similar source” means—a high-activity source, orsuch other sealed source which, in the opinion of the regulator, is of a similar level of potential hazard to a high-activity source;

“high-activity source” means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III of the Basic Safety Standards Directive;

“luminised article” means an article which is made wholly or partly from a luminescent substance in the form of a film or a paint and which—is radioactive material or radioactive waste solely because it contains Pm-147 or H-3, andis not a sealed source;

“management”, in respect of waste, means—the preparation by checking, cleaning or repairing that waste for its re-use without further processing,the recovery of that waste,the disposal of that waste, orthe application of any treatment process to that waste which is preparatory to the recovery or disposal of it,and cognate expressions shall be construed accordingly;

“relevant river” means a river or a part of a river which—is not a part of the sea, andat the place and time of any disposal into it of aqueous radioactive waste from a sewage disposal works or directly from premises, has a flow-rate which is not less than 1m³s⁻¹;

“relevant sewer” means—a public sewer, ora disposal main which leads to a sewage disposal works that—has the capacity to handle a minimum of 100m³ of effluent per day, anddischarges treated effluent only to the sea or to a relevant river,and “public sewer”, “disposal main”, “sewage disposal works” and “effluent” have the same meaning as in the Water Industry Act 1991 ;

“relevant standard conditions” has the meaning given in paragraph 10;

“sea” includes any area submerged at mean high water springs and also includes, so far as the tide flows at mean high water springs, an estuary or arm of the sea and the waters of any channel, creek, bay or river;

“sealed source” has the same meaning as in the Basic Safety Standards Directive, excluding such a source where it is an electrodeposited source or a tritium foil source;

“stored in transit” means the storage in the course of transit of radioactive material or radioactive waste but does not include any storage of such material or waste where it is removed from its container;

“Table 4”, “Table 4A”, “Table 5”, “Table 6”, “Table 7” or “Table 8” means the table with that number in this Part;

“a tritium foil source” means an article which—has a mechanically tough surface into which tritium is incorporated, andis radioactive material or radioactive waste solely because of that tritium;

“uranium or thorium compound” means a substance or article which is radioactive material or radioactive waste solely because it is or contains metallic uranium or thorium or prepared compounds of uranium or thorium, and in respect of which metal or compound the proportion of—U-235 in the uranium it contains is no more than 0.72% by mass, andany isotope of thorium it contains is present in the isotopic proportions found in nature;

“waste permitted person” means, in relation to the radioactive waste where the term appears, a person who holds—an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) or (c) of Part 2 of this Schedule, orin respect of premises in Scotland or Northern Ireland, an authorisation under section 13 or 14 of the 1993 Act;

“week” means any period of 7 consecutive days;

“year” means a calendar year.

Interpretation: NORM

2

(1) In this Part “NORM waste” means a substance or article which—

(a) is solid radioactive waste under—

(i) paragraph 4 of Part 2 of this Schedule (NORM industrial activities); or

(ii) paragraph 5 of that Part (processed radionuclides of natural terrestrial or cosmic origin) where the waste arises from the remediation of land contaminated by radium and the contamination occurred prior to 13 May 2000;

(b) contains one or more of the radionuclides which are listed in column 1 of Table 4A;

(c) has a concentration of radioactivity that does not exceed the value specified in column 5 of Table 4A in respect of that radionuclide; and

(d) is not waste to which sub-paragraph (3) applies.

(2) In this Part—

“type 1 NORM waste” means NORM waste which—has a concentration of radioactivity that does not exceed the value specified in column 2 of Table 4A; andis not waste to which sub-paragraph (4) applies;

“type 2 NORM waste” means NORM waste which has a concentration of radioactivity that exceeds the value specified in column 2 of Table 4A.

(3) This sub-paragraph applies to waste where, prior to the disposal of that waste, a person has diluted it with the intention of ensuring that the concentration of radioactivity does not exceed the value specified in column 5 of Table 4A.

(4) This sub-paragraph applies to waste where, prior to the disposal of that waste, a person has diluted it with the intention of ensuring that the concentration of radioactivity does not exceed the value specified in column 2 of Table 4A.

SECTION 2 — Exemption for keeping and using radioactive material and accumulating radioactive waste

Exemption for keeping and using radioactive material

3

(1) A person (“A”) is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(a) of Part 2 of this Schedule in respect of—

(a) subject to sub-paragraph (2), the radioactive material described in paragraph 5, where A complies with the relevant standard conditions and—

(i) in respect of radioactive material described in paragraph 5(1)(a), the condition in paragraph 6(1), and

(ii) in respect of radioactive material described in paragraph 5(1)(b), the condition in paragraph 6(2), or

(b) radioactive material stored in transit.

(2) A is not exempt from the requirement for an environmental permit under sub-paragraph (1)(a) in respect of a high activity source where A takes possession of it.

Exemption for accumulating radioactive waste

4

(1) This paragraph applies to the following radioactive substances activities—

(a) the activity described in paragraph 11(2)(c) of Part 2 of this Schedule (“Activity A”), and

(b) the activity described in paragraph 11(4) of Part 2 of this Schedule (“Activity B”).

(2) In this paragraph, “paragraph 5 waste” means radioactive waste described in paragraph 5.

(3) A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or B, in respect of radioactive waste which is stored in transit.

(4) Subject to sub-paragraph (5), a person (“B”) is exempt from the requirement for an environmental permit to carry on Activity A or B in respect of paragraph 5 waste where—

(a) B receives that waste for accumulation on premises (with a view to its subsequent management by B on those premises),

(b) in respect of those premises B manages substantial quantities of waste which is not radioactive waste, and

(c) the management of the radioactive waste will be completed by B as soon as is reasonably practicable, with the radioactive waste dispersed in non-radioactive waste.

(5) B is not exempt under sub-paragraph (4) from the requirement for an environmental permit to carry on Activity B where the waste received by B is or contains a high-activity source.

(6) A person (“C”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of paragraph 5 waste, where C complies with the relevant standard conditions and—

(a) in respect of radioactive waste described in paragraph 5(1)(a), the condition in paragraph 6(1), and

(b) in respect of radioactive waste described in paragraph 5(1)(b), the condition in paragraph 6(2).

(7) A person (“D”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of radioactive waste which is a sealed source, an electrodeposited source or a tritium foil source which—

(a) contains a quantity of radionuclides which exceeds the value specified in column 2 of Table 4 in respect of the relevant type of source,

(b) immediately before it became radioactive waste, was radioactive material in the form of a sealed source, an electrodeposited source or a tritium foil source (as appropriate), and

where D complies with the relevant standard conditions.

(8) D is not exempt under sub-paragraph (7) from the requirement for an environmental permit where the waste accumulated is or contains a high-activity or similar source.

Radioactive substances exempted under paragraphs 3 and 4

5

(1) Subject to sub-paragraph (2), paragraphs 3(1)(a) and 4(4) and (6) apply to—

(a) a substance or article described in an entry in column 1 of Table 4 which contains a quantity of radionuclides that does not exceed the value specified in column 2 of Table 4 in respect of that substance or article, or

(b) any substance or article which is not described in an entry in column 1 of Table 4.

(2) Sub-paragraph (1) does not apply to NORM waste....

Conditions in respect of the total quantity or concentration of radioactive substances on any premises

6

(1) The condition referred to in paragraphs 3(1)(a)(i) and 4(6)(a) is that, in respect of the total amount of a substance or article described in paragraph 5(1)(a) (including any mobile radioactive apparatus) on the premises, the quantity of radionuclides must not exceed the value specified for that substance or article in column 3 of Table 4.

(2) The condition referred to in paragraphs 3(1)(a)(ii) and 4(6)(b) in respect of a substance or article described in paragraph 5(1)(b) is that—

(a) in respect of the total amount of such substances and articles on the premises, the quantity of radioactivity does not exceed the value specified in column 2 of Table 5, or

(b) no such substance or article on the premises contains a concentration of radioactivity that exceeds the value specified in column 3 of Table 5.

Exemption for accumulating NORM waste

7

(1) This paragraph applies to the following radioactive substances activities—

(a) the activity described in paragraph 11(2)(c) of Part 2 of this Schedule (“Activity A”);

(b) the activity described in paragraph 11(4) of Part 2 of this Schedule (“Activity B”)

(2) ...A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of NORM waste, where another person (“B”) transfers that waste to A—

(a) in accordance with—

(i) a disposal permit held by B, or

(ii) an exemption from holding such a permit that applied to B in respect of the transfer to A, and

(b) for the purpose of its accumulation by A with a view to its subsequent management by A on the premises on which it is received by A.

(3) ...A person (“C”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of NORM waste where C complies with the relevant standard conditions.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION 3 — Exemption for keeping or using mobile radioactive apparatus

Exemption for keeping or using mobile radioactive apparatus

8

(1) A person (“A”) is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(5) of Part 2 of this Schedule in respect of—

(a) a mobile radioactive apparatus described in an entry in column 1 of Table 4 where—

(i) that apparatus contains a quantity of radionuclides that does not exceed the value specified in column 2 of Table 4 in respect of an apparatus of that description, and

(ii) A complies with the conditions in sub-paragraph (2), or

(b) mobile radioactive apparatus stored in transit.

(2) The conditions in this sub-paragraph are that A must—

(a) ensure that in relation to the total amount of all such mobile radioactive apparatus that A holds, the quantity of radionuclides does not exceed the value specified, in respect of an apparatus of that description, in column 3 of Table 4, and

(b) comply with the relevant standard conditions.

SECTION 4 — Relevant standard conditions

Interpretation of this Section

9

In this Section, “radioactive substances” means radioactive material, mobile radioactive apparatus and radioactive waste, and “exempt radioactive substances” means radioactive substances in respect of which an exemption in Section 2 or 3 of this Part applies.

Relevant standard conditions

10

(1) Reference to the relevant standard conditions in Sections 1 to 3 of this Part, means in respect of the exemption provided for in—

(a) paragraph 3(1)(a), the conditions in paragraphs 11 and 12;

(b) paragraph 4(6), 4(7) or 7(3), the conditions in paragraphs 11, 12 and 14;

(2) A condition in paragraph 11, 12 or 13 does not apply in respect of an exemption in Section 2 or 3 of this Part unless that condition is a relevant condition in respect of that exemption.

General conditions

11

A person (“A”) to whom the conditions in this paragraph apply must—

(a) keep an adequate record of any exempt radioactive substances which A holds, and—

(i) in respect of exempt radioactive substances which are mobile radioactive apparatus, the locations at which they are kept or used;

(ii) in respect of other exempt radioactive substances, the location within the premises where A holds them,

(b) ensure that where reasonably practicable exempt radioactive substances or the containers of such radioactive substances, are marked or labelled as radioactive,

(c) in respect of exempt radioactive substances which are sealed sources, electrodeposited sources or tritium foil sources, not modify or mutilate those sources or cause a loss of containment such that radioactive material or radioactive waste may be released outside the source,

(d) allow the regulator access to such records or such premises as the regulator may request in order to determine that all of the conditions in respect of the relevant exemption are complied with,

(e) hold the exempt radioactive substances safely and securely to prevent, so far as reasonably practicable—

(i) accidental removal, loss or theft from the premises where they are held, or

(ii) loss of containment, and

(f) in respect of exempt radioactive substances in a container—

(i) not modify or mutilate that container, and

(ii) prevent any uncontrolled or unintended release of radioactive material or radioactive waste from the container.

Loss or theft conditions

12

(1) Subject to sub-paragraph (2), in the event of an incident of loss or theft (or suspected loss or theft) of exempt radioactive substances (except mobile radioactive apparatus) from the premises where they are held, a person to whom the condition in this paragraph applies must—

(a) notify the incident to the regulator as soon as reasonably practicable, and

(b) include in that notification the details of any other incidents of loss or theft (or suspected loss or theft) of any radioactive substances from those premises over the 12 months preceding the incident being notified.

(2) In respect of an incident described in sub-paragraph (1), a notification to the regulator is not required where in respect of the aggregated total amount of exempt radioactive substances (excluding mobile radioactive apparatus) lost or stolen (or suspected to have been lost or stolen) from the premises in the incident and in all other such incidents in the 12 months preceding it, the total quantity of radioactivity does not exceed the value that is ten times the value in column 2 of Table 5.

Loss or theft conditions: mobile radioactive apparatus

13

(1) Subject to sub-paragraph (2), in the event of an incident of loss or theft (or suspected loss or theft) of mobile radioactive apparatus from a person (“A”) to whom the condition in this paragraph applies, A must—

(a) notify the incident to the regulator as soon as reasonably practicable, and

(b) include in that notification the details of any other incidents of loss or theft (or suspected loss or theft) of any mobile radioactive apparatus from A over the 12 months preceding the incident being notified.

(2) In respect of an incident described in sub-paragraph (1), a notification to the regulator is not required where in respect of the aggregated total amount of mobile radioactive apparatus lost or stolen (or suspected to have been lost or stolen) from A in the incident and in all other such incidents in the 12 months preceding it, the total quantity of radioactivity does not exceed the value that is ten times the value in column 2 of Table 5.

Condition to dispose of accumulated waste

14

A person to whom the condition in this paragraph applies must dispose of the radioactive waste which is the subject of the exemption to which this condition applies—

(a) as soon as reasonably practicable after it has become waste, and

(b) in the case of such waste where it is a sealed source, a tritium foil source or an electrodeposited source, in any event within 26 weeks after it has become waste unless the regulator advises in writing that a longer period of accumulation is allowed.

SECTION 5 — Exemption for disposing of solid radioactive waste

Exemption for receiving and disposing of solid radioactive waste

15

(1) This paragraph applies to the following radioactive substances activities—

(a) the activity described in paragraph 11(2)(b) of Part 2 of this Schedule (“Activity A”);

(b) the activity described in paragraph 11(4) of Part 2 of this Schedule (“Activity B”).

(2) A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of solid radioactive waste described in paragraph 16(1)(a) where—

(a) A receives the waste on premises for the purpose of it being managed by A on those premises,

(b) in respect of those premises A manages substantial quantities of waste which is not radioactive waste, and

(c) the radioactive waste will be disposed of by A as soon as is reasonably practicable with the radioactive waste dispersed in non-radioactive waste.

(3) A person (“B”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of solid radioactive waste described in paragraph 16(1) where—

(a) in respect of a sealed source, an electrodeposited source or a tritium foil source, B complies with the conditions in paragraph 17(2), and

(b) in respect of any other waste described in paragraph 16(1)(a), B complies with the conditions in paragraph 17(1) and (2).

Solid radioactive waste

16

(1) Solid radioactive waste referred to in paragraph 15 means—

(a) subject to sub-paragraph (2)—

(i) solid radioactive waste described in an entry in column 1 of Table 6 which does not contain a concentration of radionuclides that exceeds the value specified in column 2 of that table in respect of that kind of waste, or

(ii) a broken or damaged individual sealed source of the type described in the fourth entry in Table 6 (individual sealed sources which are solely radioactive waste because they contain tritium), which would not have exceeded the value specified in column 2 when the source was intact, or

(b) a sealed source, an electrodeposited source or a tritium foil source which is not described in paragraph (a).

(2) Sub-paragraph (1)(a) does not apply to waste—

(a) where, prior to the disposal of that waste, a person has diluted it with the intention of ensuring that sub-paragraph (1)(a) is met, or

(b) which is NORM waste....

Conditions in respect of solid radioactive waste

17

(1) The condition referred to in paragraph 15(3)(b) is that B must ensure that, in respect of the total amount of a waste to which this condition applies that is disposed of on or from the premises, the quantity of radioactivity which that waste contains must not exceed the value specified in column 3 of Table 6 in respect of that waste during the period stated in that column.

(2) The conditions referred to in paragraph 15(3)(a) and (b) are that B must—

(a) keep an adequate record of the solid radioactive waste which B disposes of on or from any premises under that paragraph,

(b) dispose of the waste by any of the routes described in sub-paragraph (3),

(c) where the disposal route in sub-paragraph (3)(a) is used, ensure that where reasonably practicable any marking or labelling of the waste or its container is removed before the person disposes of that waste,

(d) where the waste is a high-activity or similar source, notify the details of the disposal to the regulator within 14 days of the disposal (including, for a high-activity source, the information required by Annex XIV of the Basic Safety Standards Directive), in such form as may be required by the regulator, and

(e) allow the regulator access to such records or such premises as the regulator may request in order to determine that all of the conditions that apply in respect of the relevant exemption in paragraph 15(3) are complied with.

(3) The routes referred to in sub-paragraph (2)(b) are that the waste is transferred to—

(a) subject to sub-paragraph (4), a person who manages substantial quantities of non-radioactive waste and where the radioactive waste will be so managed with the radioactive waste dispersed in non-radioactive waste,

(b) a waste permitted person, or

(c) where the waste is a sealed source, an electrodeposited source or a tritium foil source, to a licensee of a nuclear site or to a person who is situated in another country and who is lawfully entitled to receive such waste.

(4) The route in sub-paragraph (3)(a) does not apply in respect of waste—

(a) described in paragraph 16(1)(b), or

(b) which is described in paragraph 16(1)(a) and which is a sealed source, an electrodeposited source or a tritium foil source, where in respect of the total amount of such a source which is disposed of on or from the premises under paragraph 15(3), the quantity of radioactivity which that waste contains exceeds the value specified in column 3 of Table 6 in respect of that source during the period stated in that column.

SECTION 6 — Exemption for disposing of NORM waste

Exemption for receiving and disposing of NORM waste

18

(1) This paragraph applies to the following radioactive substances activities carried on in respect of NORM waste—

(a) the activity described in paragraph 11(2)(b) of Part 2 of this Schedule (“Activity A”); and

(b) the activity described in paragraph 11(4) of Part 2 of this Schedule (“Activity B”).

(2) ...A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of ...NORM waste where another person (“B”) transfers that waste to A—

(a) in accordance with—

(i) a disposal permit held by B, or

(ii) an exemption from holding such a permit that applied to B in respect of the transfer to A, and

(b) for the purpose of its disposal by A on the premises on which A receives it.

(3) Where a person (“C”) disposes of—

(a) type 1 NORM waste on or from premises, sub-paragraph (4) applies to C, or

(b) type 2 NORM waste on or from premises, sub-paragraph (5) applies to C.

(4) C is exempt from the requirement for an environmental permit to carry on Activity A in respect of type 1 NORM waste where in relation to the total amount of such waste disposed of on or from the premises by C per year—

(a) the quantity of radionuclides does not exceed the value specified in column 3 of Table 4A, and C complies with the conditions in paragraph 19(1), or

(b) ...The quantity of radionuclides exceeds the value specified in column 3 of Table 4A, and C complies with—

(i) the conditions in paragraph 19(1), and

(ii) where C intends to dispose of the waste by one of the methods in paragraph 19(2)(a), the conditions in paragraph 19(3).

(5) ...C is exempt from the requirement for an environmental permit to carry on Activity A in respect of type 2 NORM waste where C complies with the conditions in paragraph 19(1) and (3).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions in respect of NORM waste

19

(1) The conditions referred to in the exemptions in paragraph 18(4)(a) and (b)(i) and (5) are that C must—

(a) keep an adequate record of the NORM waste which C disposes of under those exemptions,

(b) dispose of the waste by any of the methods described in sub-paragraph (2),

(c) where the disposal method in sub-paragraph (2)(a) or (b) is used, ensure that where reasonably practicable any marking or labelling of the waste or its container is removed before C disposes of that waste, and

(d) allow the regulator access to such records or such premises as the regulator may request in order to determine that all of the conditions that apply to C in respect of the relevant exemption in that paragraph are complied with.

(2) The methods referred to in sub-paragraph (1)(b) are that the waste is disposed of—

(a) subject to sub-paragraph (3) where it applies, by burial in landfill or by the transfer of the waste to a person for the purpose of—

(i) the burial in landfill of the waste, or

(ii) the application of a treatment process to the waste which is preparatory to the burial in landfill of that waste,

(b) by incineration (or transfer to a person for such incineration or treatment which is preparatory to the incineration of the waste), but not in respect of—

(i) type 1 NORM waste, where in respect of the total amount of that waste that is incinerated (or transferred to a person for preparation or incineration) per year the quantity of radionuclides in the total amount of that waste exceeds the value in column 4 of Table 4A, or

(ii) type 2 NORM waste, or

(3) The conditions referred to in paragraph 18(4)(b)(ii) and (5) are that C must—

(a) make a written radiological assessment of the reasonably foreseeable pathways for the exposure of the public and workers to radiation in respect of—

(i) the application of any treatment process to the waste which is preparatory to its burial in landfill, at the place of that treatment, and

(ii) the burial in landfill of that waste, at the place of disposal,

(b) be satisfied that the assessment demonstrates that radiation doses are not expected to exceed—

(i) 1 millisievert per year to any worker at the place of treatment or disposal, and

(ii) 300 microsievert per year to any member of the public,

(d) not dispose of that waste (or continue to do so) if the regulator objects in writing to that assessment.

SECTION 7 — Exemption for disposing of aqueous radioactive waste

Exemption for disposing of aqueous radioactive waste in Table 6

20

(1) Subject to sub-paragraph (2), a person (“A”) is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule in respect of aqueous radioactive waste described in an entry in column 1 of Table 6, where A complies with the conditions in sub-paragraph (3).

(2) A is not exempt under sub-paragraph (1) where the person who generated that waste did not minimise the quantity of radionuclides generated as waste to the extent reasonably practicable.

(3) The conditions referred to in sub-paragraph (1) are that, in respect of the waste described in that sub-paragraph, A must—

(a) ensure that in respect of the total amount of that waste that is disposed of on or from the premises in a year, the quantity of radioactivity which that waste contains does not exceed the value specified in column 3 of Table 6 in respect of that waste,

(b) dispose of that waste to a relevant sewer or to a waste permitted person,

(d) allow the regulator access to such records or such premises as the regulator may request in order to determine that the preceding conditions in this sub-paragraph are complied with.

Exemption for disposing of other aqueous radioactive waste

21

(1) Subject to sub-paragraph (2), a person (“A”) is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule in respect of aqueous radioactive waste described in sub-paragraph (3) where A disposes of that waste in accordance with the conditions in paragraph 22(1).

(2) A is not exempt under sub-paragraph (1) in respect of premises, where A holds an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule for the disposal of aqueous radioactive waste on or from those premises.

(3) Subject to sub-paragraph (4), the waste referred to in sub-paragraph (1) is aqueous radioactive waste—

(a) which is not described in an entry in column 1 of Table 6, and

(b) with a total concentration of radioactivity which does not exceed 100 Bq/ml.

(4) Sub-paragraph (3) does not apply to aqueous radioactive waste—

(a) which a person has diluted with the intention that—

(i) the waste has a concentration of radioactivity which is below the value in sub-paragraph (3)(b), or

(ii) the condition in paragraph 22(3)(a) or (4)(b) is complied with in respect of that waste, or

(b) where the person who generated that waste did not minimise the quantity of radionuclides generated as waste to the extent reasonably practicable.

Conditions in respect of aqueous radioactive waste in paragraph 21

22

(1) The conditions referred to in paragraph 21(1) are that A must—

(a) subject to sub-paragraph (2), dispose of the waste to which that paragraph applies—

(i) directly into a relevant river or the sea,

(ii) to a relevant sewer, or

(iii) to a waste permitted person,

(b) keep an adequate record of the waste which A disposes of from the premises under that paragraph,

(d) allow the regulator access to such records or such premises as the regulator may request in order to determine that all of the preceding conditions are complied with.

(2) In respect of aqueous non-Table 6 waste disposed of from the premises, A must not use both of the disposal routes described in sub-paragraph (1)(a)(i) and (ii) in a year and where—

(a) A uses the route in sub-paragraph (1)(a)(i), the conditions in sub-paragraph (3) apply to A, or

(b) A uses the route in sub-paragraph (1)(a)(ii), or A does not use the route in either sub-paragraph (1)(a)(i) or (ii), the conditions in sub-paragraph (4) apply to A.

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