The Environmental Permitting (England and Wales) Regulations 2016

SECTION 6 Exemption for disposing of NORM waste

Exemption for receiving and disposing of NORM waste

18.—(1) This paragraph applies—

(a) to the following radioactive substances activities—

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

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

(b) where Activity A or B is carried on in respect of NORM waste—

(i) with a NORM waste concentration that does not exceed 5 Bq/g (“type 1 NORM Waste”), or

(ii) with a NORM waste concentration that exceeds 5 Bq/g but does not exceed 10 Bq/g (“type 2 NORM waste”).

(2) Subject to sub-paragraph (6), a person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of type 1 NORM waste or type 2 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 5 x 10¹⁰ Bq, and C complies with the conditions in paragraph 19(1), or

(b) subject to sub-paragraph (6), the quantity of radionuclides exceeds 5 x 10¹⁰ Bq, 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) Subject to sub-paragraph (6), C is exempt from the requirement for an environmental permit to carry on Activity A in respect of type 2 NORM waste where C complies with the conditions in paragraph 19(1) and (3).

(6) Sub-paragraph (7) applies to a person (“E”) where E holds an environmental permit to carry on Activity A for the disposal on or from premises (“the relevant premises”) of NORM waste with a NORM waste concentration which exceeds 10 Bq/g.

(7) The following exemptions do not apply to E—

(a) the exemptions in sub-paragraph (2) in respect of type 2 NORM waste,

(b) the exemption in sub-paragraph (4)(b), and

(c) the exemption in sub-paragraph (5).

Conditions in respect of NORM waste

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

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

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

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

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

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

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

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

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

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

(i) type 1 NORM waste, where in respect of the total amount of that waste that is incinerated (or transferred to a person for preparation or incineration) per year the quantity of radionuclides in the total amount of that waste exceeds 1 x 10⁸ Bq, 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.