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The Environmental Permitting (England and Wales) Regulations 2016, Cross Heading: SECTION 4 is up to date with all changes known to be in force on or before 08 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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.
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;
(c)paragraph 8(1)(a), the conditions in paragraphs 11 and 13.
(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.
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.
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.
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.
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.
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