The Environmental Permitting (England and Wales) Regulations 2016

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).