The Environmental Permitting (England and Wales) Regulations 2016

PART 4 E+W The Basic Safety Standards Directive

SECTION 1 E+W Exposures and doses

Optimisation and dose limits E+W

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 [F1 Article 12] of the Basic Safety Standards Directive subject to the exclusions set out in [F2 Article 5(c)] of that Directive.

Textual Amendments

F1 Words in Sch. 23 Pt. 4 para. 1(b) substituted (2.5.2018) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/428), reg. 1, Sch. para. 11(a)

F2 Words in Sch. 23 Pt. 4 para. 1(b) substituted (2.5.2018) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/428), reg. 1, Sch. para. 11(b)

Specific dose limits and calculation E+W

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 sourceF3 ..., or

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

[F4 (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.]

Textual Amendments

F3 Words in Sch. 23 Pt. 4 para. 2(1)(a) omitted (2.5.2018) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/428), reg. 1, Sch. para. 12(a)

F4 Sch. 23 Pt. 4 para. 2(2) substituted (2.5.2018) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/428), reg. 1, Sch. para. 12(b)

SECTION 2 E+W Interventions

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

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 E+W

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

(c) for any other reason.

(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 M1 , and

(b) the provisions of section 294 of that Act M2 (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).

Marginal Citations

M1 1936 c. 49.

M2 Section 294 was modified, in relation to steps required to be taken by certain notices, by S.I. 1990/1519, 1992/656 and 1492.

[F5 SECTION 3 E+W Miscellaneous duties of the regulator

Textual Amendments

F5 Sch. 23 Pt. 4 Section 3 inserted (2.5.2018) by The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/428), reg. 1, Sch. para. 13

Inspection programmes E+W

5.   When establishing an inspection programme for the purposes of regulation 34(2) (periodic inspections of regulated facilities) in relation to radioactive substance activities, the regulator must take into account the potential magnitude and nature of the hazard associated with such activities, a general assessment of radiation protection issues in the activities, and the state of compliance with the requirements of these Regulations.

Inspection findings E+W

6.   Where a regulator makes an inspection of a regulated facility that is a radioactive substances activity, the regulator must—

(a) record the findings of that inspection; and

(b) communicate those findings to the operator of the regulated facility.

Radioactive waste: requirements to be imposed on permit holders E+W

7.— (1) The regulator must require a person who holds an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) (disposing of waste) or (c) (accumulating waste) of Part 2 of this Schedule to—

(a) achieve and maintain an optimal level of protection of members of the public;

(b) accept into service adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

(c) check the effectiveness and maintenance of equipment as referred to in paragraph (b) and ensure the regular calibration of measuring instruments; and

(d) seek advice from a radioactive waste adviser in the performance of the tasks referred to in paragraphs (a), (b) and (c).

[F6 (1A) Paragraph (1)(d) does not apply in relation to waste that is a sealed source.]

[F7 (2) In this paragraph—

“radioactive waste adviser” means an individual, or group of individuals, with the knowledge, training and experience needed to give radioactive waste management and environmental radiation protection advice in relation to radioactive waste in order to ensure the effective protection of members of the public, and whose competence in that respect is recognised by the regulator;

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

Textual Amendments

F6 Sch. 23 Pt. 4 para. 7(1A) inserted (7.1.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(1), 4(6)(a)

F7 Sch. 23 Pt. 4 para. 7(2) substituted (7.1.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(1), 4(6)(b)

Dilution of radioactive material and radioactive waste E+W

8.   In exercising its relevant functions in relation to a radioactive substances activity, the regulator must observe the requirements of Article 30(4) of the Basic Safety Standards Directive.

Monitoring of discharges E+W

9.— (1) This paragraph applies where the regulator is exercising relevant functions in relation to a radioactive substances activity where there are radioactive discharges authorised by an environmental permit.

(2) The regulator must impose appropriate environmental permit conditions concerning—

(a) the monitoring, or the evaluation, of radioactive airborne or aqueous discharges into the environment; and

(b) the reporting to the regulator of the results of such monitoring or evaluation.

(3) For the purposes of sub-paragraph (2), where the regulator is exercising relevant functions in relation to a nuclear power station or nuclear reprocessing plant, the environmental permit conditions imposed must require the monitoring of radioactive discharges and reporting to the regulator of such information on radioactive discharges as the appropriate authority directs.]