SCHEDULE 23Radioactive substances activities

Regulation 35(1)

PART 1Application

Application1

This Schedule applies in relation to every radioactive substances activity.

PART 2Interpretation

Interpretation1

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—

    1. a

      absorption, admixture or adhesion of radioactive material or radioactive waste, or

    2. b

      the 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—

    1. a

      is constructed or adapted for being transported from place to place, or

    2. b

      is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms;

  • “nuclear site” means—

    1. a

      any site in respect of which a nuclear site licence is for the time being in force, or

    2. b

      any 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 M1;

  • “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—

    1. a

      is non-aqueous, or

    2. b

      is 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 M2 as having any of the following hazard classes and hazard categories (as defined in that Regulation)—

      1. i

        acute toxicity: categories 1, 2 or 3,

      2. ii

        skin corrosion/irritation: category 1 corrosive, sub-categories: 1A, 1B or 1C, or

      3. iii

        hazardous 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—

    1. a

      in relation to a public or local authority, includes any of the powers or duties of that authority;

    2. b

      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, F11or 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 activity2

1

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

  • “type 1 NORM industrial activity” means—

    1. a

      the production and use of thorium, or thorium compounds, and the production of products where thorium is deliberately added, or

    2. b

      the production and use of uranium or uranium compounds, and the production of products where uranium is deliberately added;

  • “type 2 NORM industrial activity” means—

    1. a

      the extraction and production of rare earth elements and rare earth element alloys,

    2. b

      the mining and processing of ores other than uranium ore,

    3. c

      the production of oil and gas,

    4. d

      the removal and management of radioactive scales and precipitates from equipment associated with industrial activities,

    5. e

      any industrial activity utilising phosphate ore,

    6. f

      the manufacture of titanium dioxide pigments,

    7. g

      the extraction and refining of zircon and manufacture of zirconium compounds,

    8. h

      the production of tin, copper, aluminium, zinc, lead and iron and steel,

    9. i

      any activity related to coal mine de-watering plants,

    10. j

      china clay extraction,

    11. k

      water treatment associated with provision of drinking water, F12...

    12. ka

      F13geothermal energy production, or

    13. l

      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, 9F14, 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 activities4

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

c

for a substance which is a gas, the value specified in column 4.

Processed radionuclides of natural terrestrial or cosmic origin5

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

c

the substance or article is—

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 origin6

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.

F3Dilution to reduce concentration of radioactivity6A

For the purposes of paragraphs 4, 5 and 6, a substance or article is to be treated as having a concentration of radioactivity which exceeds the value referred to in paragraph 4(2), 5(c)(i) or 6(a), if a person has diluted the substance or article with the intention of ensuring that its concentration of radioactivity does not exceed that value.

Radionuclides with a short half-life7

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 radioactivity8

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 articles9

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.

F4Historic radium contamination9A

A substance or article is not radioactive material or radioactive waste where the substance or article arises from the remediation of land contaminated by radium and—

a

the substance or article contains Ra-226 or its progeny;

b

in the absence of Ra-226 or its progeny, the substance or article would not otherwise be radioactive material or radioactive waste under this Schedule;

c

the contamination occurred prior to 13th May 2000; and

d

the concentration of Ra-226 or any of its progeny does not exceed the following values—

i

for a substance or article which is a solid or a substance which is a relevant liquid, 1 Bq/g;

ii

for a substance which is any other liquid, 1 Bq/1; or

iii

for a substance which is a gas, 0.01 Bq/m3.

Substances or articles after disposal10

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

c

is solid at the time of the disposal.

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 activity11

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

c

accumulates radioactive waste on those premises,

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

c

that substance is retained there for a period of not less than 3 months,

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—

    1. a

      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, and

    2. b

      where 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 apparatus12

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 sites13

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 aircraft14

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 3Tables of radionuclides and summation rules

Table 11

1

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

Table 1Concentration of radionuclides: NORM industrial activities

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 M3

F151

0.1

0.001

U-238+

5

10

0.01

U-234

5

10

0.01

Th-230

10

10

0.001

Ra-226+

F151

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

F151

0.1

0.001

Th-232

5

10

0.001

Ra-228+

1

0.1

0.01

Th-228+

F151

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 22

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—

Table 2Concentration of radionuclides

F16Radionuclide

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 sec3

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 34

The Table 3 referred to in paragraph 3 is—

Table 3Radionuclides in secular equilibrium

Parent radionuclide

Daughter radionuclides

Fe-52+

Mn-52m

Zn-69m+

Zn-69

Sr-90+

Y-90

Sr-91+

Y-91m

Zr-95+

Nb-95m

Zr-97+

Nb-97m, Nb-97

Nb-97+

Nb-97m

Mo-99+

Tc-99m

Mo-101+

Tc-101

Ru-103+

Rh-103m

Ru-105+

Rh-105m

Ru-106+

Rh-106

Pd-103+

Rh-103m

Pd-109+

Ag-109m

Ag-108m+

Ag-108

Ag-110m+

Ag-110

Cd-109+

Ag-109m

Cd-115+

In-115m

Cd-115m+

In-115m

In-114m+

In-114

Sn-113+

In-113m

Sb-125+

Te-125m

Te-127m+

Te-127

Te-129m+

Te-129

Te-131m+

Te-131

Te-132+

I-132

Te-133+

I-133, Xe-133m, Xe-133

Te-133m+

Te-133, I-133, Xe-133m, Xe-133

I-131+

Xe-131m

Cs-137+

Ba-137m

Ce-144+

Pr-144, Pr-144m

Pb-210+

Bi-210, Po-210

Pb-212+

Bi-212, Tl-208

Bi-212+

Tl-208

Ra-223+

Rn-219, Po-215, Pb-211, Bi-211, Tl-207

Ra-224+

Rn-220, Po-216, Pb-212, Bi-212, Tl-208

Ra-226+

Rn-222, Po-218, Pb-214, Bi-214, Po-214

Ra-228+

Ac-228

Ac-227+

Th-227, Fr-223, Ra-223, Rn-219, Po-215, Pb-211, Bi-211, Tl-207, Po-211

Th-226+

Ra-222, Rn-218, Po-214

Th-228+

Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208

Th-229+

Ra-225, Ac-225, Fr-221, At-217, Bi-213, Tl-209, Pb-209

Th-232+

Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208

Th-232sec

Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208

Th-234+

Pa-234m, Pa-234

U-230+

Th-226, Ra-222, Rn-218, Po-214

U-232+

Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208

U-235+

Th-231

U-235sec

Th-231, Pa-231, Ac-227, Th-227, Fr-223, Ra-223, Rn-219, Po-215, Pb-211, Bi-211, Tl-207, Po-211

U-238+

Th-234, Pa-234m, Pa-234

U-238sec

Th-234, Pa-234m, Pa-234, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210

U-240+

Np-240m, Np-240

Np-237+

Pa-233

Pu-244+

U-240, Np-240m, Np-240

Am-242m+

Np-238

Am-243+

Np-239

Cm-247+

Pu-243

Cf-253+

Cm-249

Es-254+

Bk-250

Es-254m+

Fm-254

PART 4The Basic Safety Standards Directive

SECTION 1Exposures and doses

Optimisation and dose limits1

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 F17Article 12 of the Basic Safety Standards Directive subject to the exclusions set out in F19Article 5(c) of that Directive.

Specific dose limits and calculation2

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 sourceF18..., or

b

0.5 millisieverts per year from the discharges from any single site.

F202

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 2Interventions

Radioactive waste: power of the Secretary of State to provide facilities for disposal or accumulation3

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 regulator4

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 M4, and

b

the provisions of section 294 of that Act M5 (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).

Annotations:
Marginal Citations
M5

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

F2SECTION 3Miscellaneous duties of the regulator

Annotations:
Amendments (Textual)

Inspection programmes5

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 findings6

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 holders7

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).

F551A

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

F562

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.

Dilution of radioactive material and radioactive waste8

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 discharges9

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.

PART 5F5The control of high-activity and other sources

Annotations:
Amendments (Textual)

SECTION 1Security of sources

Interpretation1

In this Part—

  • “high-activity or similar source” means—

    1. a

      a high-activity source, or

    2. b

      such other sealed source which, in the opinion of the regulator, is of a similar level of potential hazard to a high-activity source;

  • F21“ 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 F22Basic Safety Standards Directive;

  • “sealed source” has the same meaning as in the F22Basic Safety Standards Directive.

Site security: inspection2

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 advice3

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,

c

written procedures to ensure that before a person is authorised to have access to a high-activity or similar source—

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 2Advice and assistance in relation to orphan sources

Advice and assistance in respect of orphan sources4

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 3Exercise of relevant functions and matters in relation to F23... sources

Annotations:
Amendments (Textual)

GeneralF65

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 inspectionsF76

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 informationF17

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

Orphan sources8

1

The regulator must—

a

be prepared, or have made provision (including the assignment of responsibilities), to F24control 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 6Radioactive substances activity exemptions

SECTION 1General

Interpretation1

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—

    1. a

      in each sealed container in the device does not exceed 8 x 1010 Bq of tritium, and

    2. b

      of 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—

    1. a

      in a vessel or aircraft, or

    2. b

      in a vehicle or other equipment used or intended to be used by the armed forces of the Crown;

  • “disposal permit” means—

    1. a

      an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) of Part 2 of this Schedule, or

    2. b

      an 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—

    1. a

      incorporates tritium in one or more sealed containers constructed to prevent dispersion of that tritium in normal use, and

    2. b

      is radioactive material solely because it contains that tritium;

  • F25“high-activity or similar source” means—

    1. a

      a high-activity source, or

    2. b

      such 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—

    1. a

      is radioactive material or radioactive waste solely because it contains Pm-147 or H-3, and

    2. b

      is not a sealed source;

  • “management”, in respect of waste, means—

    1. a

      the preparation by checking, cleaning or repairing that waste for its re-use without further processing,

    2. b

      the recovery of that waste,

    3. c

      the disposal of that waste, or

    4. d

      the 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—

    1. a

      is not a part of the sea, and

    2. b

      at 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—

    1. a

      a public sewer, or

    2. b

      a disposal main which leads to a sewage disposal works that—

      1. i

        has the capacity to handle a minimum of 100m3 of effluent per day, and

      2. ii

        discharges 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 M6;

  • “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;

  • F26“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”, F27“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—

    1. a

      has a mechanically tough surface into which tritium is incorporated, and

    2. b

      is 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—

    1. a

      U-235 in the uranium it contains is no more than 0.72% by mass, and

    2. b

      any 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—

    1. a

      an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) or (c) of Part 2 of this Schedule, or

    2. b

      in 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: NORMF82

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—

    1. a

      has a concentration of radioactivity that does not exceed the value specified in column 2 of Table 4A; and

    2. b

      is 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 2Exemption for keeping and using radioactive material and accumulating radioactive waste

Exemption for keeping and using radioactive material3

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 waste4

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

c

has not been received by D for the purpose of D disposing of it,

where D complies with the relevant standard conditions.

F288

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 45

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 wasteF29....

Conditions in respect of the total quantity or concentration of radioactive substances on any premises6

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 waste7

F301

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

F31...A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of F33NORM 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

F32...A person (“C”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of F34NORM waste where C complies with the relevant standard conditions.

F354

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

F365

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

SECTION 3Exemption for keeping or using mobile radioactive apparatus

Exemption for keeping or using mobile radioactive apparatus8

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 4Relevant standard conditions

Interpretation of this Section9

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 conditions10

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.

General conditions11

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 conditions12

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 apparatus13

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 waste14

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 5Exemption for disposing of solid radioactive waste

Exemption for receiving and disposing of solid radioactive waste15

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 waste16

1

Solid radioactive waste referred to in paragraph 15 means—

F37a

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 wasteF38....

Conditions in respect of solid radioactive waste17

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,

F39d

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 6Exemption for disposing of NORM waste

Exemption for receiving and disposing of NORM waste18

F401

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

F41...A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of F42...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 F43the value specified in column 3 of Table 4A, and C complies with the conditions in paragraph 19(1), or

b

F44...The quantity of radionuclides exceeds F43the 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

F45...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).

F466

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

F477

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

F9Exemption for disposing of gaseous NORM waste from oil and gas production18A

A person is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) (disposing of waste) of Part 2 of this Schedule where the only radioactive waste disposed of is gaseous NORM waste released in the production of oil and gas.

Conditions in respect of NORM waste19

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 F48the value in column 4 of Table 4A, or

ii

type 2 NORM waste, or

c

by transfer to a waste permitted person.

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,

c

provide that assessment to the regulator at least 28 days before the first disposal is made, and

d

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

SECTION 7Exemption for disposing of aqueous radioactive waste

Exemption for disposing of aqueous radioactive waste in Table 620

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,

c

keep an adequate record of that waste which A disposes of on or from the premises, and

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 waste21

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 2122

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,

c

in respect of the disposal of aqueous non-Table 6 waste, comply with sub-paragraph (3) or (4) as appropriate, 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 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.

3

Where this sub-paragraph applies and A disposes of the aqueous non-Table 6 waste directly into a relevant river or the sea, A must—

a

in respect of any aqueous non-Table 6 waste which A disposes of, ensure that the concentration of radioactivity does not exceed the value specified in column 2 of Table 7, and

b

in respect of the total amount of aqueous non-Table 6 waste which A disposes of from the premises in a year, ensure that the quantity of radioactivity does not exceed the value specified in column 4 of Table 7.

4

Where this sub-paragraph applies and A disposes of the aqueous non-Table 6 waste to a relevant sewer (or only to a waste permitted person), A must ensure that, in respect of the total amount of aqueous non-Table 6 waste which is disposed of from those premises in a year, the total quantity of radioactivity does not exceed—

a

where any of that waste has a concentration of radioactivity which exceeds the value specified in column 2 of Table 7, the value in sub-paragraph (5), or

b

where none of that waste has a concentration of radioactivity which exceeds the value specified in column 2 of Table 7, the value in sub-paragraph (5) or (6).

5

The value referred to in sub-paragraph (4)(a) and (b) is—

a

1 x 108 Bq for the sum of the following radionuclides: H-3, C-11, C-14, F-18, P-32, P-33, S-35, Ca-45, Cr-51, Fe-55, Ga-67, Sr-89, Y-90, Tc-99m, In-111, I-123, I-125, I-131, Sm-153, Tl-201, and

b

1 x 106 Bq for the sum of all other radionuclides.

6

The value referred to in sub-paragraph (4)(b) is the value specified in column 3 of Table 7.

7

In this paragraph, “aqueous non-Table 6 waste” means aqueous radioactive waste which is not described in an entry in column 1 of Table 6.

SECTION 8Exemption for disposal of gaseous radioactive waste

Exemption for disposal of gaseous radioactive waste23

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 gaseous radioactive waste where—

a

the only radionuclide contained in that waste is Kr-85 and A—

i

ensures that in respect of the total amount of such waste which is disposed of from the premises in a year, the total quantity of radioactivity does not exceed 1011 Bq, and

ii

complies with the conditions in paragraph 24(1), or

b

subject to sub-paragraph (3), that waste—

i

is released from within a container at the time that the container is opened, and

ii

is emitted by solid or liquid radioactive material within the container,

and A complies with the conditions in paragraph 24(1).

2

Sub-paragraph (1) does not apply to waste where the person who generated that waste did not minimise the quantity of radionuclides generated as waste to the extent reasonably practicable.

3

Sub-paragraph (1)(b) does not apply in respect of any gas which arises as a result of a process applied by a person to the contained radioactive material.

Conditions in respect of gaseous radioactive waste24

1

The conditions referred to in paragraph 23(1) are that A must—

a

to the extent that is reasonably practicable—

i

in respect of relevant gaseous waste which arises in a building, cause the waste to be disposed of by an extraction system which removes the waste from the area where it arose and which vents the waste into the atmosphere, and

ii

prevent the entry or, where sub-paragraph (i) applies, the re-entry, of relevant gaseous waste into a building, and

b

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 A in respect of the relevant exemption in that paragraph are complied with.

2

In this paragraph “relevant gaseous waste” means waste which is described in paragraph 23(1) and disposed of under the exemption in that paragraph.

SECTION 9Tables and summation rules in this Part

Table 425

The Table 4 referred to in Sections 2 and 3 of this Part—

Table 4Radioactive material and accumulated radioactive waste: values of maximum quantities

Substance or article

Maximum quantity of radionuclides for each substance or article

Maximum quantity of radionuclides:

(a) on any premises in items which satisfy the limit in column 2, or

(b) in mobile radioactive apparatus held by a person

A sealed source of a type not described in any other row of this Table

4 x 106 Bq

2 x 108 Bq

A Class A gaseous tritium light device

2 x 1010 Bq

5 x 1012 Bq

A Class B gaseous tritium light device

1 x 1012 Bq

3 x 1013 Bq

A Class C gaseous tritium light device

1 x 1012 Bq

No limit

Any sealed source which is solely radioactive material or radioactive waste because it contains tritium

2 x 1010 Bq

5 x 1012 Bq

A tritium foil source

2 x 1010 Bq

5 x 1012 Bq

A smoke detector affixed to premises

4 x 106 Bq

No limit

An electrodeposited source

6 x 108 Bq Ni-63 or 2 x 108 Bq Fe-55

6 x 1011 Bq

A luminised article

8 x 107 Bq Pm-147 or 4 x 109 Bq H-3

4 x 1010 Bq Pm-147 or 2 x 1011 Bq H-3

A Ba-137m eluting source

4 x 104 Bq Cs-137+

4 x 105 Bq Cs-137+

A substance or article which is or contains magnesium alloy or thoriated tungsten in which the thorium concentration does not exceed 4% by mass

No limit

No limit

A uranium or thorium compound

Up to a total of 5kg of uranium and thorium

Up to a total of 5kg of uranium and thorium

A substance or article (other than a sealed source) which is intended for use for, used for, or arises from medical or veterinary diagnosis or treatment or clinical or veterinary trials

1 x 109 Bq Tc-99m

1 x 109 Bq Tc-99m

and

and

F492 x 108 Bq of all other radionuclides, (no more than 1 x 108 Bq of which is contained in radioactive material)

2 x 108 Bq of all other radionuclides, (no more than 1 x 108 Bq of which is contained in radioactive material)

F10Table 4A25A

1

The Table 4A referred to in Sections 2, 5 and 6 of this Part is—

Table 4ANORM waste concentrations and maximum disposal quantities

Radionuclide

Type 1 NORM concentration (Bq/g)

Type 1 NORM total activity for landfill (GBq/year)

Type 1 NORM total activity for incineration (MBq/year)

Type 2 NORM concentration (Bq/g)

U-238sec

5

50

100

10

U238+

5

50

100

10

U-234

5

50

100

10

Th-230

5

50

100

10

Ra-226+

5

50

100

10

Pb-210+

100

1000

100

200

Po-210

100

1000

100

200

U-235sec

5

50

100

10

U-235+

5

50

100

10

Pa-231

5

50

100

10

Ac-227+

5

50

100

10

Th-232sec

5

50

100

10

Th-232

5

50

100

10

Ra-228+

5

50

100

10

Th-228+

5

50

100

10

2

The summation rule in respect of columns 2 and 5 of Table 4A is the sum of the quotients A/B where—

a

“A” means the concentration of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

b

“B” means the concentration of that radionuclide specified in column 2 or 5 (as appropriate) of Table 4A.

3

The summation rule in respect of columns 3 and 4 of Table 4A is the sum of the quotients C/D where—

a

“C” means the quantity of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

b

“D” means the quantity of that radionuclide specified in column 3 or 4 (as appropriate) of Table 4A.

Table 526

1

The Table 5 referred to in Sections 2 and 4 of this Part is—

Table 5Radionuclides: values of quantities and concentrations

Radionuclides

Maximum quantity of radioactivity (Bq) on any premises

Maximum concentration (Bq/g)

H-3

109

106

Be-7

107

103

C-14

107

104

O-15

109

102

F-18

106

10

Na-22

106

10

Na-24

105

10

Si-31

106

103

P-32

105

103

P-33

108

105

S-35

108

105

Cl-36

106

104

Cl-38

105

10

Ar-37

108

106

Ar-41

109

102

K-42

106

102

K-43

106

10

Ca-45

107

104

Ca-47

106

10

Sc-46

106

10

Sc-47

106

102

Sc-48

105

10

V-48

105

10

Cr-51

107

103

Mn-51

105

10

Mn-52

105

10

Mn-52m

105

10

Mn-53

109

104

Mn-54

106

10

Mn-56

105

10

Fe-52

106

10

Fe-55

106

104

Fe-59

106

10

Co-55

106

10

Co-56

105

10

Co-57

106

102

Co-58

106

10

Co-58m

107

104

Co-60

105

10

Co-60m

106

103

Co-61

106

102

Co-62m

105

10

Ni-59

108

104

Ni-63

108

105

Ni-65

106

10

Cu-64

106

102

Zn-65

106

10

Zn-69

106

104

Zn-69m

106

102

Ga-72

105

10

Ge-71

108

104

As-73

107

103

As-74

106

10

As-76

105

102

As-77

106

103

Se-75

106

102

Br-82

106

10

Kr-74

109

102

Kr-76

109

102

Kr-77

109

102

Kr-79

105

103

Kr-81

107

104

Kr-83m

1012

105

Kr-85

104

105

Kr-85m

1010

103

Kr-87

109

102

Kr-88

109

102

Rb-86

105

102

Sr-85

106

102

Sr-85m

107

102

Sr-87m

106

102

Sr-89

106

103

Sr-90+

104

102

Sr-91

105

10

Sr-92

106

10

Y-90

105

103

Y-91

106

103

Y-91m

106

102

Y-92

105

102

Y-93

105

102

Zr-93+

107

103

Zr-95

106

10

Zr-97+

105

10

Nb-93m

107

104

Nb-94

106

10

Nb-95

106

10

Nb-97

106

10

Nb-98

105

10

Mo-90

106

10

Mo-93

108

103

Mo-99

106

102

Mo-101

106

10

Tc-96

106

10

Tc-96m

107

103

Tc-97

108

103

Tc-97m

107

103

Tc-99

107

104

Tc-99m

107

102

Ru-97

107

102

Ru-103

106

102

Ru-105

106

10

Ru-106+

105

102

Rh-103m

108

104

Rh-105

107

102

Pd-103

108

103

Pd-109

106

103

Ag-105

106

102

Ag-108m+

106

10

Ag-110m

106

10

Ag-111

106

103

Cd-109

106

104

Cd-115

106

102

Cd-115m

106

103

In-111

106

102

In-113m

106

102

In-114m

106

102

In-115m

106

102

Sn-113

107

103

Sn-125

105

102

Sb-122

104

102

Sb-124

106

10

Sb-125

106

102

Te-123m

107

102

Te-125m

107

103

Te-127

106

103

Te-127m

107

103

Te-129

106

102

Te-129m

106

103

Te-131

105

102

Te-131m

106

10

Te-132

107

102

Te-133

105

10

Te-133m

105

10

Te-134

106

10

I-123

107

102

I-125

106

103

I-126

106

102

I-129

105

102

I-130

106

10

I-131

106

102

I-132

105

10

I-133

106

10

I-134

105

10

I-135

106

10

Xe-131m

104

104

Xe-133

104

103

Xe-135

1010

103

Cs-129

105

102

Cs-131

106

103

Cs-132

105

10

Cs-134m

105

103

Cs-134

104

10

Cs-135

107

104

Cs-136

105

10

Cs-137+

104

10

Cs-138

104

10

Ba-131

106

102

Ba-140+

105

10

La-140

105

10

Ce-139

106

102

Ce-141

107

102

Ce-143

106

102

Ce-144+

105

102

Pr-142

105

102

Pr-143

106

104

Nd-147

106

102

Nd-149

106

102

Pm-147

107

104

Pm-149

106

103

Sm-151

108

104

Sm-153

106

102

Eu-152

106

10

Eu-152m

106

102

Eu-154

106

10

Eu-155

107

102

Gd-153

107

102

Gd-159

106

103

Tb-160

106

10

Dy-165

106

103

Dy-166

106

103

Ho-166

105

103

Er-169

107

104

Er-171

106

102

Tm-170

106

103

Tm-171

108

104

Yb-175

107

103

Lu-177

107

103

Hf-181

106

10

Ta-182

104

10

W-181

107

103

W-185

107

104

W-187

106

102

Re-186

106

103

Re-188

105

102

Os-185

106

10

Os-191

107

102

Os-191m

107

103

Os-193

106

102

Ir-190

106

10

Ir-192

104

10

Ir-194

105

102

Pt-191

106

102

Pt-193m

107

103

Pt-197

106

103

Pt-197m

106

102

Au-198

106

102

Au-199

106

102

Hg-197

107

102

Hg-197m

106

102

Hg-203

105

102

Tl-200

106

10

Tl-201

106

102

Tl-202

106

102

Tl-204

104

104

Pb-203

106

102

Pb-210+

104

10

Pb-212+

105

10

Bi-206

105

10

Bi-207

106

10

Bi-210

106

103

Bi-212+

105

10

Po-203

106

10

Po-205

106

10

Po-207

106

10

Po-210

104

10

At-211

107

103

Rn-220+

107

104

Rn-222+

108

10

Ra-223+

105

102

Ra-224+

105

10

Ra-225

105

102

Ra-226+

104

10

Ra-227

106

102

Ra-228+

105

10

Ac-228

106

10

Th-226+

107

103

Th-227

104

10

Th-228+

104

1

Th-229+

103

1

Th-230

104

1

Th-231

107

103

Th-232 sec

103

1

Th-234+

105

103

Pa-230

106

10

Pa-231

103

1

Pa-233

107

102

U-230+

105

10

U-231

107

102

U-232+

103

1

U-233

104

10

U-234

104

10

U-235+

104

10

U-236

104

10

U-237

106

102

U-238+

104

10

U-238 sec

103

1

U-239

106

102

U-240

107

103

U-240+

106

10

Np-237+

103

1

Np-239

107

102

Np-240

106

10

Pu-234

107

102

Pu-235

107

102

Pu-236

104

10

Pu-237

107

103

Pu-238

104

1

Pu-239

104

1

Pu-240

103

1

Pu-241

105

102

Pu-242

104

1

Pu-243

107

103

Pu-244

104

1

Am-241

104

1

Am-242

106

103

Am-242m+

104

1

Am-243+

103

1

Cm-242

105

102

Cm-243

104

1

Cm-244

104

10

Cm-245

103

1

Cm-246

103

1

Cm-247

104

1

Cm-248

103

1

Bk-249

106

103

Cf-246

106

103

Cf-248

104

10

Cf-249

103

1

Cf-250

104

10

Cf-251

103

1

Cf-252

104

10

Cf-253

105

102

Cf-254

103

1

Es-253

105

102

Es-254

104

10

Es-254m

106

102

Fm-254

107

104

Fm-255

106

103

Any other radionuclide that is:

103, or the quantity given in respect of that radionuclide in the F50Public Health England publication ‘Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive’M7.

1, or the concentration given in respect of that radionuclide in the publication referenced in column 2.

(a) not of natural terrestrial or cosmic origin, or

(b) listed in Table 2 in this Schedule.

2

The summation rule in respect of column 2 of Table 5 is the sum of the quotients A/B where—

a

“A” means the quantity of each radionuclide listed in column 1 of Table 5 that is present in the material and waste, and

b

“B” means the quantity of that radionuclide specified in column 2 of Table 5.

3

The summation rule in respect of F51column 3 of Table 5 is the sum of the quotients C/D where—

a

“C” means the concentration of each radionuclide listed in column 1 of Table 5 that is present in the material and waste, and

b

“D” means the concentration of that radionuclide specified in column 3 of Table 5.

Table 627

The Table 6 referred to in Sections 5 and 7 of this Part is—

Table 6Radioactive waste: values of quantities and concentrations

Radioactive waste

Maximum concentration of radionuclides

Maximum quantity of radioactivity to be disposed of in the period stated

Solid radioactive waste, with no single item > 4 x 104 Bq

4 x 105 Bq for the sum of all radionuclides per 0.1m3

2 x 108 Bq/year

Solid radioactive waste containing tritium and C-14 only, with no single item > 4 x 105 Bq

4 x 106 Bq of tritium and C-14 per 0.1m3

2 x 109 Bq/year

Individual sealed sources

2 x 105 Bq for the sum of all radionuclides per 0.1m3

1 x 107 Bq/year

Individual sealed sources which are solely radioactive waste because they contain tritium

2 x 1010 Bq of tritium per 0.1m3

1 x 1013 Bq/year

Luminised articles with no single item containing > 8 x 107 Bq of Pm-147 or > 4 x 109 of tritium

8 x 107 Bq per 0.1m3 of Pm-147

2 x 109 Bq/year of Pm-147

or 4 x 109 Bq per 0.1m3 for tritium

or 1 x 1011 Bq/year of tritium

Solid radioactive waste which consists of magnesium alloy, thoriated tungsten or dross from hardener alloy in which the thorium concentration does not exceed 4% by mass

No limit

No limit

Solid uranium or thorium compound

No limit

0.5kg of uranium or thorium per week

Aqueous liquid uranium or thorium compound

No limit

0.5kg of uranium or thorium per year

Aqueous liquid human excreta

No limit

1 x 1010 Bq/year of Tc-99m

and

5 x 109 Bq/year for the sum of all other radionuclides

Table 728

1

The Table 7 referred to in Section 7 of this Part is—

Table 7Aqueous radioactive waste values

Radionuclide

Concentration in Bq/ litre

Maximum annual quantity of radionuclides to a relevant sewer (Bq/ year)

Maximum annual quantity of radionuclides directly into a relevant river or the sea (Bq/ year)

H-3

103

1010

1010

Be-7

1

107

107

C-14

0.1

106

106

F-18

0.1

106

106

Na-22

1

106

107

Na-24

1

107

107

Si-31

10

108

108

P-32

0.001

104

104

P-33

0.001

104

104

S-35

10

3 x 107

108

Cl-36

10

107

108

Cl-38

0.1

106

106

K-42

0.01

105

105

K-43

0.01

105

105

Ca-45

1

107

107

Ca-47

0.1

106

106

Sc-46

0.001

104

104

Sc-47

0.01

105

105

Sc-48

0.001

104

104

V-48

1

107

107

Cr-51

10

108

108

Mn-51

0.001

104

104

Mn-52

0.001

104

104

Mn-52m

0.001

104

104

Mn-53

1

107

107

Mn-54

0.01

105

105

Mn-56

0.001

104

104

Fe-52

0.01

105

105

Fe-55

1

107

107

Fe-59

0.01

105

105

Co-55

0.001

104

104

Co-56

0.001

104

104

Co-57

0.1

106

106

Co-58

0.1

106

106

Co-58m

1

107

107

Co-60

0.01

105

105

Co-60m

1

107

107

Co-61

0.1

106

106

Co-62m

0.001

104

104

Ni-59

1

107

107

Ni-63

102

109

109

Ni-65

0.01

105

105

Cu-64

0.1

106

106

Zn-65

0.1

3 x 105

106

Zn-69

10

108

108

Zn-69m

0.1

106

106

Ga-67

0.1

106

106

Ga-72

0.001

104

104

Ge-71

1

107

107

As-73

10

108

108

As-74

1

107

107

As-76

1

107

107

As-77

1

107

107

Se-75

0.1

3 x 105

106

Br-82

0.1

106

106

Rb-86

0.1

106

106

Sr-85

0.1

106

106

Sr-85m

0.1

106

106

Sr-87m

0.1

106

106

Sr-89

1

107

107

Sr-90+

0.1

3 x 105

106

Sr-91

0.01

105

105

Sr-92

0.01

105

105

Y-90

1

107

107

Y-91

1

107

107

Y-91m

0.01

105

105

Y-92

0.1

106

106

Y-93

0.1

106

106

Zr-93

10

108

108

Zr-95+

0.001

104

104

Zr-97

0.01

105

105

Nb-93m

10

108

108

Nb-94

0.1

106

106

Nb-95

1

107

107

Nb-97

1

107

107

Nb-98

0.1

106

106

Mo-90

0.1

106

106

Mo-93

1

107

107

Mo-99

0.1

106

106

Mo-101

0.01

105

105

Tc-96

1

107

107

Tc-96m

102

109

109

Tc-97

102

109

109

Tc-97m

10

108

108

Tc-99

10

107

108

Tc-99m

10

3 x 107

108

Ru-97

0.01

105

105

Ru-103

0.01

105

105

Ru-105

0.01

105

105

Ru-106+

0.1

106

106

Rh-103m

10

108

108

Rh-105

1

107

107

Pd-103

0.1

106

106

Pd-109

0.1

106

106

Ag-105

1

107

107

Ag-108m

0.1

106

106

Ag-110m

0.1

106

106

Ag-111

10

108

108

Cd-109

1

107

107

Cd-115

0.1

106

106

Cd-115m

1

107

107

In-111

0.01

105

105

In-113m

0.01

105

105

In-114m

0.01

105

105

In-115m

0.01

105

105

Sn-113

0.1

106

106

Sn-125

0.01

105

105

Sb-122

0.1

106

106

Sb-124

0.1

106

106

Sb-125

1

107

107

Te-123m

1

107

107

Te-125m

1

107

107

Te-127

10

108

108

Te-127m

1

107

107

Te-129

10

108

108

Te-129m

1

107

107

Te-131

1

107

107

Te-131m

1

107

107

Te-132

0.1

106

106

Te-133

1

107

107

Te-133m

1

107

107

Te-134

1

107

107

I-123

1

107

107

I-125

1

107

107

I-126

0.1

106

106

I-129

0.1

106

106

I-130

0.1

106

106

I-131

0.1

106

106

I-132

0.1

106

106

I-133

0.1

106

106

I-134

0.1

106

106

I-135

0.1

106

106

Cs-129

0.01

105

105

Cs-131

0.1

106

106

Cs-132

0.01

105

105

Cs-134

0.01

105

105

Cs-134m

0.1

106

106

Cs-135

0.1

106

106

Cs-136

0.001

104

104

Cs-137+

0.01

105

105

Cs-138

0.001

104

104

Ba-131

0.1

106

106

Ba-140

0.1

106

106

La-140

0.001

104

104

Ce-139

0.1

106

106

Ce-141

0.1

106

106

Ce-143

0.01

105

105

Ce-144

0.1

106

106

Pr-142

0.1

106

106

Pr-143

10

108

108

Nd-147

0.01

105

105

Nd-149

0.01

105

105

Pm-147

10

108

108

Pm-149

1

107

107

Sm-151

102

109

109

Sm-153

0.1

106

106

Eu-152

0.01

105

105

Eu-152m

0.01

105

105

Eu-154

0.01

105

105

Eu-155

0.1

106

106

Gd-153

0.1

106

106

Gd-159

0.1

106

106

Tb-160

0.01

105

105

Dy-165

0.1

106

106

Dy-166

0.1

106

106

Ho-166

0.1

106

106

Er-169

10

108

108

Er-171

0.01

105

105

Tm-170

1

107

107

Tm-171

10

108

108

Yb-175

0.1

106

106

Lu-177

0.1

106

106

Hf-181

0.01

105

105

Ta-182

0.001

104

104

W-181

0.1

106

106

W-185

1

107

107

W-187

0.01

105

105

Re-186

1

107

107

Re-188

1

107

107

Os-185

0.01

105

105

Os-191

0.1

106

106

Os-191m

1

107

107

Os-193

0.1

106

106

Ir-190

0.001

104

104

Ir-192

0.01

105

105

Ir-194

0.1

106

106

Pt-191

0.01

105

105

Pt-193m

1

107

107

Pt-197

0.1

106

106

Pt-197m

0.1

106

106

Au-198

1

107

107

Au-199

1

107

107

Hg-197

1

107

107

Hg-197m

0.1

106

106

Hg-203

0.1

106

106

Tl-200

0.01

105

105

Tl-201

0.1

106

106

Tl-202

0.01

105

105

Tl-204

0.1

106

106

Pb-203

0.01

105

105

Pb-210

0.001

104

104

Pb-212

0.1

106

106

Bi-206

0.01

105

105

Bi-207

0.1

106

106

Bi-210

10

108

108

Bi-212

1

107

107

Po-203

0.001

104

104

Po-205

0.001

104

104

Po-207

0.001

104

104

Po-210

0.001

104

104

At-211

1

107

107

Ra-223

0.01

105

105

Ra-224+

0.01

105

105

Ra-225

0.01

105

105

Ra-226+

0.01

105

105

Ra-227

1

107

107

Ra-228

0.01

105

105

Ac-227

0.1

106

106

Ac-228

0.001

104

104

Th-226

0.1

106

106

Th-227

0.01

105

105

Th-228

1

107

107

Th-229

0.01

105

105

Th-230

1

107

107

Th-231

0.1

106

106

Th-232

1

106

107

Th-234

0.1

106

106

Pa-230

0.01

105

105

Pa-231

0.01

105

105

Pa-233

0.1

106

106

U-230

0.1

106

106

U-231

10

108

108

U-232

0.1

106

106

U-233

0.1

106

106

U-234

0.1

106

106

U-235+

0.1

106

106

U-236

0.1

106

106

U-237

10

108

108

U-238+

0.1

106

106

U-239

10

108

108

U-240

10

108

108

Np-237

0.1

106

106

Np-239

1

107

107

Np-240

0.1

106

106

Pu-234

0.01

105

105

Pu-235

0.01

105

105

Pu-236

1

107

107

Pu-237

0.1

106

106

Pu-238

0.1

106

106

Pu-239

0.1

106

106

Pu-240

0.1

106

106

Pu-241

10

108

108

Pu-242

0.1

106

106

Pu-243

0.1

106

106

Pu-244

0.1

106

106

Am-241

0.1

106

106

Am-242

0.1

106

106

Am-242m

0.1

106

106

Am-243

0.1

106

106

Cm-242

1

107

107

Cm-243

0.1

106

106

Cm-244

0.1

106

106

Cm-245

0.01

105

105

Cm-246

0.1

106

106

Cm-247

0.01

105

105

Cm-248

0.1

106

106

Bk-249

102

109

109

Cf-246

1

107

107

Cf-248

1

107

107

Cf-249

0.01

105

105

Cf-250

0.1

106

106

Cf-251

0.01

105

105

Cf-252

0.1

106

106

Cf-253

10

108

108

Cf-254

0.0001

103

103

Es-253

1

107

107

Es-254

0.1

106

106

Es-254m

0.01

105

105

Fm-254

1

107

107

Fm-255

0.1

106

106

Any other radionuclide that is not of natural terrestrial or cosmic origin

0.0001

103

103

or that concentration which gives rise to a dose to a member of the public of 10 microsieverts per year calculated in accordance with the methodology used to calculate other concentrations in this table M8.

or that quantity which corresponds to 3,000m3 of aqueous radioactive waste up to the appropriate concentration as calculated in accordance with column 2.

or that quantity which corresponds to 10,000m3 of aqueous radioactive waste up to the appropriate concentration as calculated in accordance with column 2.

2

The summation rule in respect of column 2 of Table 7 is the sum of the quotients A/B where—

a

“A” means the concentration in Bq/ litre of each radionuclide listed in column 1 of Table 7 that is present in aqueous waste which is not described in a row in column 1 of Table 6, and

b

“B” means the concentration of that radionuclide specified in column 2 of Table 7.

3

The summation rule in respect of column 3 of Table 7 is the sum of the quotients C/D where—

a

“C” means the quantity in Bq of each radionuclide listed in column 1 of Table 7 that is present in the aqueous waste which is not described in a row in column 1 of Table 6 which is disposed of in the year, and

b

“D” means the quantity of that radionuclide specified in column 3 of Table 7.

4

The summation rule in respect of column 4 of Table 7 is the sum of the quotients C/E where—

a

“C” means the quantity in Bq of each radionuclide listed in column 1 of Table 7 that is present in the aqueous waste which is not described in a row in column 1 of Table 6 which is disposed of in the year, and

b

“E” means the quantity of that radionuclide specified in column 4 of Table 7.

Annotations:
Marginal Citations
M8

The concentrations in this table were calculated using methods adopted by the Health Protection Agency in their document HPA-CRCE-005 - Derivation of Liquid Exclusion or Exemption Levels to Support the RSA93 Exemption Order Review, published in Chilton, Oxfordshire in August 2010 (ISBN 0-978-85951-673-0).

Interpretation of this Section29

In this Section, where any radionuclide carries the suffix “+” or “sec”—

a

that radionuclide represents the parent radionuclide in secular equilibrium with the corresponding daughter radionuclides which are identified in column 2 of Table 8 adjacent to that parent radionuclide, and

b

a concentration or activity value given in respect of such a parent radionuclide is the value for the parent radionuclide alone, but already takes into account the daughter radionuclides in column 2 that are present.

Table 830

The Table 8 referred to in paragraph 29 is—

Table 8Radionuclides in secular equilibrium

Parent radionuclide

Daughter radionuclides

Sr-90+

Y-90

Zr-93+

Nb-93m

Zr-95+

Nb-95

Zr-97+

Nb-97

Ru-106+

Rh-106

Ag-108m+

Ag-108

Cs-137+

Ba-137m

Ba-140+

La-140

Ce-144+

Pr-144

Pb-210+

Bi-210, Po-210

Pb-212+

Bi-212, Tl-208, Po-212

Bi-212+

Tl-208, Po-212

Rn-220+

Po-216

Rn-222+

Po-218, Pb-214, Bi-214, Po-214

Ra-223+

Rn-219, Po-215, Pb-211, Bi-211, Tl-207

Ra-224+

Where Ra-224+ is referred to in Table 5: Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212

Where Ra-224+ is referred to in Table 7: Pb-212

Ra-226+

Where Ra-226+ is referred to in F52Table 4A and Table 5: Rn-222, Po-218, Pb-214, Bi-214, F53Po-214, Pb-210, Bi-210, Po-210

Where Ra-226+ is referred to in Table 7: Rn-222, Po-218, Pb-214, Bi-214, Po-214

Ra-228+

Ac-228

Th-226+

Ra-222, Rn-218, Po-214

Th-228+

Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208

Th-229+

Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209

Th-232 sec

Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Po-212, Tl-208

Th-234+

Pa-234m

U-230+

Th-226, Ra-222, Rn-218, Po-214

U-232+

Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212

U-235+

Th-231

U-238+

Th-234, Pa-234m, Pa-234

U-238 sec

Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214F54, Po-214, Pb-210, Bi-210, Po-210

U-240+

Np-240

Np-237+

Pa-233

Am-242m+

Am-242

Am-243+

Np-239

PART 7Radioactivity to be disregarded

Application1

1

For the purposes of the matters referred to in sub-paragraph (2), no account is to be taken of any radioactivity possessed by a substance or article or by a part of any premises.

2

The matters are—

a

the operation of a provision to which this Part applies,

b

the exercise of a power conferred by, or for the enforcement of, a provision to which this Part applies, and

c

the performance of a duty imposed by, or for the enforcement of, a provision to which this Part applies.

3

This Part applies to a provision—

a

specified in paragraph 2,

b

contained in an instrument made under a provision so specified,

c

which has effect by virtue of a provision so specified, or

d

which extends or applies a provision so specified.

4

This Part also applies to a provision of a local enactment (whenever passed or made and however expressed) insofar as it—

a

prohibits or restricts—

i

the disposal or accumulation of waste,

ii

the disposal or accumulation of a substance which is or causes a nuisance, or

iii

a disposal or accumulation which causes pollution, or

b

confers a power, or imposes a duty, on a public authority or an officer of a public authority to take action to prevent, restrict or abate a disposal or accumulation of a description given in paragraph (a).

5

In sub-paragraph (4)—

a

a reference to “disposal” in relation to a provision to which this Part applies, means—

i

the discharge or deposit of a substance, or

ii

the allowing of a substance to escape or to enter a stream or other place,

as may be mentioned in that provision, and

b

“local enactment” means—

i

a local or private Act,

ii

an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or

iii

an order confirmed by the National Assembly for Wales or brought into operation in accordance with special procedure in the Assembly.

Provisions of enactments2

1

The provisions referred to in paragraph 1(3) are those listed in Table 9 below.

2

References to provisions of the 1991 Act have effect subject to the power conferred by section 98 of that Act M9.

Table 9Statutory provisions in respect of which radioactivity is to be disregarded

Act

Provisions

Public Health Act 1936

Sections 48, 79, 81, 82, 141, 259 and 261 M10.

Water Act 1945

Section 18 M11 so far as it continues to have effect by virtue of Schedule 2 to the Water Consolidation (Consequential Provisions) Act 1991 M12 or by virtue of provisions of the Control of Pollution Act 1974 M13 not having been brought into force.

Salmon and Freshwater Fisheries Act 1975

Section 4 M14.

Building Act 1984

Section 59 M15.

The Planning (Hazardous Substances) Act 1990 M16

The whole Act.

The 1990 Act

Part 3 M17 (subject to regulation 47(3) of the Waste (England and Wales) Regulations 2011 M18).

Water Industry Act 1991

Sections 72, 111 and 113(6) M19.

In Part 4, Chapter 3 M20.

In Schedule 8, paragraphs 2 to 4 M21 so far as they re-enact provisions of sections 43 and 44 of the Control of Pollution Act 1974 M22.

The 1991 Act

Sections 82, 84, 92, 93, 161-161D, 190, 202 and 203 M23.

In Schedule 25, paragraph 6 M24.

Clean Air Act 1993 M25

Section 16.

Marine and Coastal Access Act 2009 M26

Section 155.