Search Legislation

Advanced Search

The Environmental Permitting (England and Wales) Regulations 2016

Changes over time for: PART 6

Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Environmental Permitting (England and Wales) Regulations 2016. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 23 Part 6:

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

PART 6E+WRadioactive substances activity exemptions

SECTION 1E+WGeneral

InterpretationE+W

1.  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—

(a)

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

(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—

(a)

in a vessel or aircraft, or

(b)

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

“disposal permit” means—

(a)

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

(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—

(a)

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

(b)

is radioactive material solely because it contains that tritium;

[F1“high-activity or similar source” means—

(a)

a high-activity source, or

(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—

(a)

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

(b)

is not a sealed source;

“management”, in respect of waste, means—

(a)

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

(b)

the recovery of that waste,

(c)

the disposal of that waste, or

(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—

(a)

is not a part of the sea, and

(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—

(a)

a public sewer, or

(b)

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

(i)

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

(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 M1;

“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;

[F2“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”, [F3“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—

(a)

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

(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—

(a)

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

(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—

(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

(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.

Textual Amendments

Marginal Citations

M11991 c. 56; the definition of “public sewer” was amended by section 99(6) of the Water Act 2003 (c. 37).

Interpretation: NORME+W

[F42.—(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—

(a)

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

(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.]

Textual Amendments

SECTION 2E+WExemption for keeping and using radioactive material and accumulating radioactive waste

Exemption for keeping and using radioactive materialE+W

3.—(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 wasteE+W

4.—(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.

[F5(8) 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.]

Textual Amendments

Radioactive substances exempted under paragraphs 3 and 4E+W

5.—(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 wasteF6....

Textual Amendments

Conditions in respect of the total quantity or concentration of radioactive substances on any premisesE+W

6.—(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 wasteE+W

7.—[F7(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”);

(b)the activity described in paragraph 11(4) of Part 2 of this Schedule (“Activity B”)]

(2) F8...A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of [F9NORM 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) F10...A person (“C”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of [F11NORM waste] where C complies with the relevant standard conditions.

F12(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SECTION 3E+WExemption for keeping or using mobile radioactive apparatus

Exemption for keeping or using mobile radioactive apparatusE+W

8.—(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 4E+WRelevant standard conditions

Interpretation of this SectionE+W

9.  In this Section, “radioactive substances” means radioactive material, mobile radioactive apparatus and radioactive waste, and “exempt radioactive substances” means radioactive substances in respect of which an exemption in Section 2 or 3 of this Part applies.

Relevant standard conditionsE+W

10.—(1) Reference to the relevant standard conditions in Sections 1 to 3 of this Part, means in respect of the exemption provided for in—

(a)paragraph 3(1)(a), the conditions in paragraphs 11 and 12;

(b)paragraph 4(6), 4(7) or 7(3), the conditions in paragraphs 11, 12 and 14;

(c)paragraph 8(1)(a), the conditions in paragraphs 11 and 13.

(2) A condition in paragraph 11, 12 or 13 does not apply in respect of an exemption in Section 2 or 3 of this Part unless that condition is a relevant condition in respect of that exemption.

General conditionsE+W

11.  A person (“A”) to whom the conditions in this paragraph apply must—

(a)keep an adequate record of any exempt radioactive substances which A holds, and—

(i)in respect of exempt radioactive substances which are mobile radioactive apparatus, the locations at which they are kept or used;

(ii)in respect of other exempt radioactive substances, the location within the premises where A holds them,

(b)ensure that where reasonably practicable exempt radioactive substances or the containers of such radioactive substances, are marked or labelled as radioactive,

(c)in respect of exempt radioactive substances which are sealed sources, electrodeposited sources or tritium foil sources, not modify or mutilate those sources or cause a loss of containment such that radioactive material or radioactive waste may be released outside the source,

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

(e)hold the exempt radioactive substances safely and securely to prevent, so far as reasonably practicable—

(i)accidental removal, loss or theft from the premises where they are held, or

(ii)loss of containment, and

(f)in respect of exempt radioactive substances in a container—

(i)not modify or mutilate that container, and

(ii)prevent any uncontrolled or unintended release of radioactive material or radioactive waste from the container.

Loss or theft conditionsE+W

12.—(1) Subject to sub-paragraph (2), in the event of an incident of loss or theft (or suspected loss or theft) of exempt radioactive substances (except mobile radioactive apparatus) from the premises where they are held, a person to whom the condition in this paragraph applies must—

(a)notify the incident to the regulator as soon as reasonably practicable, and

(b)include in that notification the details of any other incidents of loss or theft (or suspected loss or theft) of any radioactive substances from those premises over the 12 months preceding the incident being notified.

(2) In respect of an incident described in sub-paragraph (1), a notification to the regulator is not required where in respect of the aggregated total amount of exempt radioactive substances (excluding mobile radioactive apparatus) lost or stolen (or suspected to have been lost or stolen) from the premises in the incident and in all other such incidents in the 12 months preceding it, the total quantity of radioactivity does not exceed the value that is ten times the value in column 2 of Table 5.

Loss or theft conditions: mobile radioactive apparatusE+W

13.—(1) Subject to sub-paragraph (2), in the event of an incident of loss or theft (or suspected loss or theft) of mobile radioactive apparatus from a person (“A”) to whom the condition in this paragraph applies, A must—

(a)notify the incident to the regulator as soon as reasonably practicable, and

(b)include in that notification the details of any other incidents of loss or theft (or suspected loss or theft) of any mobile radioactive apparatus from A over the 12 months preceding the incident being notified.

(2) In respect of an incident described in sub-paragraph (1), a notification to the regulator is not required where in respect of the aggregated total amount of mobile radioactive apparatus lost or stolen (or suspected to have been lost or stolen) from A in the incident and in all other such incidents in the 12 months preceding it, the total quantity of radioactivity does not exceed the value that is ten times the value in column 2 of Table 5.

Condition to dispose of accumulated wasteE+W

14.  A person to whom the condition in this paragraph applies must dispose of the radioactive waste which is the subject of the exemption to which this condition applies—

(a)as soon as reasonably practicable after it has become waste, and

(b)in the case of such waste where it is a sealed source, a tritium foil source or an electrodeposited source, in any event within 26 weeks after it has become waste unless the regulator advises in writing that a longer period of accumulation is allowed.

SECTION 5E+WExemption for disposing of solid radioactive waste

Exemption for receiving and disposing of solid radioactive wasteE+W

15.—(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 wasteE+W

16.—(1) Solid radioactive waste referred to in paragraph 15 means—

[F14(a)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 wasteF15....

Textual Amendments

Conditions in respect of solid radioactive wasteE+W

17.—(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,

[F16(d)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.

Textual Amendments

SECTION 6E+WExemption for disposing of NORM waste

Exemption for receiving and disposing of NORM wasteE+W

18.—[F17(1) 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) F18...A person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of F19...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 [F20the value specified in column 3 of Table 4A], and C complies with the conditions in paragraph 19(1), or

(b)F21...The quantity of radionuclides exceeds [F20the 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) F22...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).

F23(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F25Exemption for disposing of gaseous NORM waste from oil and gas productionE+W

18A.  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.]

Textual Amendments

Conditions in respect of NORM wasteE+W

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 [F26the 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.

Textual Amendments

SECTION 7E+WExemption for disposing of aqueous radioactive waste

Exemption for disposing of aqueous radioactive waste in Table 6E+W

20.—(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 wasteE+W

21.—(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 21E+W

22.—(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 8E+WExemption for disposal of gaseous radioactive waste

Exemption for disposal of gaseous radioactive wasteE+W

23.—(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 wasteE+W

24.—(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 9E+WTables and summation rules in this Part

Table 4E+W

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

Table 4
Radioactive material and accumulated radioactive waste: values of maximum quantities
Substance or articleMaximum quantity of radionuclides for each substance or articleMaximum 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 Table4 x 106 Bq2 x 108 Bq
A Class A gaseous tritium light device2 x 1010 Bq5 x 1012 Bq
A Class B gaseous tritium light device1 x 1012 Bq3 x 1013 Bq
A Class C gaseous tritium light device1 x 1012 BqNo limit
Any sealed source which is solely radioactive material or radioactive waste because it contains tritium2 x 1010 Bq5 x 1012 Bq
A tritium foil source2 x 1010 Bq5 x 1012 Bq
A smoke detector affixed to premises4 x 106 BqNo limit
An electrodeposited source6 x 108 Bq Ni-63 or 2 x 108 Bq Fe-556 x 1011 Bq
A luminised article8 x 107 Bq Pm-147 or 4 x 109 Bq H-34 x 1010 Bq Pm-147 or 2 x 1011 Bq H-3
A Ba-137m eluting source4 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 massNo limitNo limit
A uranium or thorium compoundUp to a total of 5kg of uranium and thoriumUp 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 trials1 x 109 Bq Tc-99m

1 x 109 Bq Tc-99m

and

and

[F272 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)

Textual Amendments

[F28Table 4AE+W

25A.—(1) The Table 4A referred to in Sections 2, 5 and 6 of this Part is—

Table 4A
NORM waste concentrations and maximum disposal quantities
RadionuclideType 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-238sec55010010
U238+55010010
U-23455010010
Th-23055010010
Ra-226+55010010
Pb-210+1001000100200
Po-2101001000100200
U-235sec55010010
U-235+55010010
Pa-23155010010
Ac-227+55010010
Th-232sec55010010
Th-23255010010
Ra-228+55010010
Th-228+55010010

(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.]

Textual Amendments

Table 5E+W

26.—(1) The Table 5 referred to in Sections 2 and 4 of this Part is—

Table 5
Radionuclides: values of quantities and concentrations
RadionuclidesMaximum quantity of radioactivity (Bq) on any premisesMaximum concentration (Bq/g)
H-3109106
Be-7107103
C-14107104
O-15109102
F-1810610
Na-2210610
Na-2410510
Si-31106103
P-32105103
P-33108105
S-35108105
Cl-36106104
Cl-3810510
Ar-37108106
Ar-41109102
K-42106102
K-4310610
Ca-45107104
Ca-4710610
Sc-4610610
Sc-47106102
Sc-4810510
V-4810510
Cr-51107103
Mn-5110510
Mn-5210510
Mn-52m10510
Mn-53109104
Mn-5410610
Mn-5610510
Fe-5210610
Fe-55106104
Fe-5910610
Co-5510610
Co-5610510
Co-57106102
Co-5810610
Co-58m107104
Co-6010510
Co-60m106103
Co-61106102
Co-62m10510
Ni-59108104
Ni-63108105
Ni-6510610
Cu-64106102
Zn-6510610
Zn-69106104
Zn-69m106102
Ga-7210510
Ge-71108104
As-73107103
As-7410610
As-76105102
As-77106103
Se-75106102
Br-8210610
Kr-74109102
Kr-76109102
Kr-77109102
Kr-79105103
Kr-81107104
Kr-83m1012105
Kr-85104105
Kr-85m1010103
Kr-87109102
Kr-88109102
Rb-86105102
Sr-85106102
Sr-85m107102
Sr-87m106102
Sr-89106103
Sr-90+104102
Sr-9110510
Sr-9210610
Y-90105103
Y-91106103
Y-91m106102
Y-92105102
Y-93105102
Zr-93+107103
Zr-9510610
Zr-97+10510
Nb-93m107104
Nb-9410610
Nb-9510610
Nb-9710610
Nb-9810510
Mo-9010610
Mo-93108103
Mo-99106102
Mo-10110610
Tc-9610610
Tc-96m107103
Tc-97108103
Tc-97m107103
Tc-99107104
Tc-99m107102
Ru-97107102
Ru-103106102
Ru-10510610
Ru-106+105102
Rh-103m108104
Rh-105107102
Pd-103108103
Pd-109106103
Ag-105106102
Ag-108m+10610
Ag-110m10610
Ag-111106103
Cd-109106104
Cd-115106102
Cd-115m106103
In-111106102
In-113m106102
In-114m106102
In-115m106102
Sn-113107103
Sn-125105102
Sb-122104102
Sb-12410610
Sb-125106102
Te-123m107102
Te-125m107103
Te-127106103
Te-127m107103
Te-129106102
Te-129m106103
Te-131105102
Te-131m10610
Te-132107102
Te-13310510
Te-133m10510
Te-13410610
I-123107102
I-125106103
I-126106102
I-129105102
I-13010610
I-131106102
I-13210510
I-13310610
I-13410510
I-13510610
Xe-131m104104
Xe-133104103
Xe-1351010103
Cs-129105102
Cs-131106103
Cs-13210510
Cs-134m105103
Cs-13410410
Cs-135107104
Cs-13610510
Cs-137+10410
Cs-13810410
Ba-131106102
Ba-140+10510
La-14010510
Ce-139106102
Ce-141107102
Ce-143106102
Ce-144+105102
Pr-142105102
Pr-143106104
Nd-147106102
Nd-149106102
Pm-147107104
Pm-149106103
Sm-151108104
Sm-153106102
Eu-15210610
Eu-152m106102
Eu-15410610
Eu-155107102
Gd-153107102
Gd-159106103
Tb-16010610
Dy-165106103
Dy-166106103
Ho-166105103
Er-169107104
Er-171106102
Tm-170106103
Tm-171108104
Yb-175107103
Lu-177107103
Hf-18110610
Ta-18210410
W-181107103
W-185107104
W-187106102
Re-186106103
Re-188105102
Os-18510610
Os-191107102
Os-191m107103
Os-193106102
Ir-19010610
Ir-19210410
Ir-194105102
Pt-191106102
Pt-193m107103
Pt-197106103
Pt-197m106102
Au-198106102
Au-199106102
Hg-197107102
Hg-197m106102
Hg-203105102
Tl-20010610
Tl-201106102
Tl-202106102
Tl-204104104
Pb-203106102
Pb-210+10410
Pb-212+10510
Bi-20610510
Bi-20710610
Bi-210106103
Bi-212+10510
Po-20310610
Po-20510610
Po-20710610
Po-21010410
At-211107103
Rn-220+107104
Rn-222+10810
Ra-223+105102
Ra-224+10510
Ra-225105102
Ra-226+10410
Ra-227106102
Ra-228+10510
Ac-22810610
Th-226+107103
Th-22710410
Th-228+1041
Th-229+1031
Th-2301041
Th-231107103
Th-232 sec1031
Th-234+105103
Pa-23010610
Pa-2311031
Pa-233107102
U-230+10510
U-231107102
U-232+1031
U-23310410
U-23410410
U-235+10410
U-23610410
U-237106102
U-238+10410
U-238 sec1031
U-239106102
U-240107103
U-240+10610
Np-237+1031
Np-239107102
Np-24010610
Pu-234107102
Pu-235107102
Pu-23610410
Pu-237107103
Pu-2381041
Pu-2391041
Pu-2401031
Pu-241105102
Pu-2421041
Pu-243107103
Pu-2441041
Am-2411041
Am-242106103
Am-242m+1041
Am-243+1031
Cm-242105102
Cm-2431041
Cm-24410410
Cm-2451031
Cm-2461031
Cm-2471041
Cm-2481031
Bk-249106103
Cf-246106103
Cf-24810410
Cf-2491031
Cf-25010410
Cf-2511031
Cf-25210410
Cf-253105102
Cf-2541031
Es-253105102
Es-25410410
Es-254m106102
Fm-254107104
Fm-255106103
Any other radionuclide that is:103, or the quantity given in respect of that radionuclide in the [F29Public Health England] publication ‘Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive’M2.1, 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 [F30column 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.

Textual Amendments

Marginal Citations

M2Published by the National Radiological Protection Board, Chilton, Oxfordshire, 1999, NRPB-R306 (ISBN 978-0-85951-429-3). A copy may be obtained from the CRCE Directors' Office, Centre for Chemical, Radiation and Environmental Hazards, Public Health England, Chilton, Didcot, OX11 0RQ.

Table 6E+W

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

Table 6
Radioactive waste: values of quantities and concentrations
Radioactive wasteMaximum concentration of radionuclidesMaximum quantity of radioactivity to be disposed of in the period stated
Solid radioactive waste, with no single item > 4 x 104 Bq4 x 105 Bq for the sum of all radionuclides per 0.1m32 x 108 Bq/year
Solid radioactive waste containing tritium and C-14 only, with no single item > 4 x 105 Bq4 x 106 Bq of tritium and C-14 per 0.1m32 x 109 Bq/year
Individual sealed sources2 x 105 Bq for the sum of all radionuclides per 0.1m31 x 107 Bq/year
Individual sealed sources which are solely radioactive waste because they contain tritium2 x 1010 Bq of tritium per 0.1m31 x 1013 Bq/year
Luminised articles with no single item containing > 8 x 107 Bq of Pm-147 or > 4 x 109 of tritium8 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 tritiumor 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 massNo limitNo limit
Solid uranium or thorium compoundNo limit0.5kg of uranium or thorium per week
Aqueous liquid uranium or thorium compoundNo limit0.5kg of uranium or thorium per year
Aqueous liquid human excretaNo limit1 x 1010 Bq/year of Tc-99m
and
5 x 109 Bq/year for the sum of all other radionuclides
Table 7E+W

28.—(1) The Table 7 referred to in Section 7 of this Part is—

Table 7
Aqueous radioactive waste values
RadionuclideConcentration in Bq/ litreMaximum 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-310310101010
Be-71107107
C-140.1106106
F-180.1106106
Na-221106107
Na-241107107
Si-3110108108
P-320.001104104
P-330.001104104
S-35103 x 107108
Cl-3610107108
Cl-380.1106106
K-420.01105105
K-430.01105105
Ca-451107107
Ca-470.1106106
Sc-460.001104104
Sc-470.01105105
Sc-480.001104104
V-481107107
Cr-5110108108
Mn-510.001104104
Mn-520.001104104
Mn-52m0.001104104
Mn-531107107
Mn-540.01105105
Mn-560.001104104
Fe-520.01105105
Fe-551107107
Fe-590.01105105
Co-550.001104104
Co-560.001104104
Co-570.1106106
Co-580.1106106
Co-58m1107107
Co-600.01105105
Co-60m1107107
Co-610.1106106
Co-62m0.001104104
Ni-591107107
Ni-63102109109
Ni-650.01105105
Cu-640.1106106
Zn-650.13 x 105106
Zn-6910108108
Zn-69m0.1106106
Ga-670.1106106
Ga-720.001104104
Ge-711107107
As-7310108108
As-741107107
As-761107107
As-771107107
Se-750.13 x 105106
Br-820.1106106
Rb-860.1106106
Sr-850.1106106
Sr-85m0.1106106
Sr-87m0.1106106
Sr-891107107
Sr-90+0.13 x 105106
Sr-910.01105105
Sr-920.01105105
Y-901107107
Y-911107107
Y-91m0.01105105
Y-920.1106106
Y-930.1106106
Zr-9310108108
Zr-95+0.001104104
Zr-970.01105105
Nb-93m10108108
Nb-940.1106106
Nb-951107107
Nb-971107107
Nb-980.1106106
Mo-900.1106106
Mo-931107107
Mo-990.1106106
Mo-1010.01105105
Tc-961107107
Tc-96m102109109
Tc-97102109109
Tc-97m10108108
Tc-9910107108
Tc-99m103 x 107108
Ru-970.01105105
Ru-1030.01105105
Ru-1050.01105105
Ru-106+0.1106106
Rh-103m10108108
Rh-1051107107
Pd-1030.1106106
Pd-1090.1106106
Ag-1051107107
Ag-108m0.1106106
Ag-110m0.1106106
Ag-11110108108
Cd-1091107107
Cd-1150.1106106
Cd-115m1107107
In-1110.01105105
In-113m0.01105105
In-114m0.01105105
In-115m0.01105105
Sn-1130.1106106
Sn-1250.01105105
Sb-1220.1106106
Sb-1240.1106106
Sb-1251107107
Te-123m1107107
Te-125m1107107
Te-12710108108
Te-127m1107107
Te-12910108108
Te-129m1107107
Te-1311107107
Te-131m1107107
Te-1320.1106106
Te-1331107107
Te-133m1107107
Te-1341107107
I-1231107107
I-1251107107
I-1260.1106106
I-1290.1106106
I-1300.1106106
I-1310.1106106
I-1320.1106106
I-1330.1106106
I-1340.1106106
I-1350.1106106
Cs-1290.01105105
Cs-1310.1106106
Cs-1320.01105105
Cs-1340.01105105
Cs-134m0.1106106
Cs-1350.1106106
Cs-1360.001104104
Cs-137+0.01105105
Cs-1380.001104104
Ba-1310.1106106
Ba-1400.1106106
La-1400.001104104
Ce-1390.1106106
Ce-1410.1106106
Ce-1430.01105105
Ce-1440.1106106
Pr-1420.1106106
Pr-14310108108
Nd-1470.01105105
Nd-1490.01105105
Pm-14710108108
Pm-1491107107
Sm-151102109109
Sm-1530.1106106
Eu-1520.01105105
Eu-152m0.01105105
Eu-1540.01105105
Eu-1550.1106106
Gd-1530.1106106
Gd-1590.1106106
Tb-1600.01105105
Dy-1650.1106106
Dy-1660.1106106
Ho-1660.1106106
Er-16910108108
Er-1710.01105105
Tm-1701107107
Tm-17110108108
Yb-1750.1106106
Lu-1770.1106106
Hf-1810.01105105
Ta-1820.001104104
W-1810.1106106
W-1851107107
W-1870.01105105
Re-1861107107
Re-1881107107
Os-1850.01105105
Os-1910.1106106
Os-191m1107107
Os-1930.1106106
Ir-1900.001104104
Ir-1920.01105105
Ir-1940.1106106
Pt-1910.01105105
Pt-193m1107107
Pt-1970.1106106
Pt-197m0.1106106
Au-1981107107
Au-1991107107
Hg-1971107107
Hg-197m0.1106106
Hg-2030.1106106
Tl-2000.01105105
Tl-2010.1106106
Tl-2020.01105105
Tl-2040.1106106
Pb-2030.01105105
Pb-2100.001104104
Pb-2120.1106106
Bi-2060.01105105
Bi-2070.1106106
Bi-21010108108
Bi-2121107107
Po-2030.001104104
Po-2050.001104104
Po-2070.001104104
Po-2100.001104104
At-2111107107
Ra-2230.01105105
Ra-224+0.01105105
Ra-2250.01105105
Ra-226+0.01105105
Ra-2271107107
Ra-2280.01105105
Ac-2270.1106106
Ac-2280.001104104
Th-2260.1106106
Th-2270.01105105
Th-2281107107
Th-2290.01105105
Th-2301107107
Th-2310.1106106
Th-2321106107
Th-2340.1106106
Pa-2300.01105105
Pa-2310.01105105
Pa-2330.1106106
U-2300.1106106
U-23110108108
U-2320.1106106
U-2330.1106106
U-2340.1106106
U-235+0.1106106
U-2360.1106106
U-23710108108
U-238+0.1106106
U-23910108108
U-24010108108
Np-2370.1106106
Np-2391107107
Np-2400.1106106
Pu-2340.01105105
Pu-2350.01105105
Pu-2361107107
Pu-2370.1106106
Pu-2380.1106106
Pu-2390.1106106
Pu-2400.1106106
Pu-24110108108
Pu-2420.1106106
Pu-2430.1106106
Pu-2440.1106106
Am-2410.1106106
Am-2420.1106106
Am-242m0.1106106
Am-2430.1106106
Cm-2421107107
Cm-2430.1106106
Cm-2440.1106106
Cm-2450.01105105
Cm-2460.1106106
Cm-2470.01105105
Cm-2480.1106106
Bk-249102109109
Cf-2461107107
Cf-2481107107
Cf-2490.01105105
Cf-2500.1106106
Cf-2510.01105105
Cf-2520.1106106
Cf-25310108108
Cf-2540.0001103103
Es-2531107107
Es-2540.1106106
Es-254m0.01105105
Fm-2541107107
Fm-2550.1106106
Any other radionuclide that is not of natural terrestrial or cosmic origin0.0001103103
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 M3.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.

Marginal Citations

M3The 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 SectionE+W

29.  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 8E+W

30.  The Table 8 referred to in paragraph 29 is—

Table 8
Radionuclides in secular equilibrium
Parent radionuclideDaughter 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 [F31Table 4A and] Table 5: Rn-222, Po-218, Pb-214, Bi-214, [F32Po-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 secRa-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 secTh-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214[F33, Po-214, Pb-210, Bi-210, Po-210]
U-240+Np-240
Np-237+Pa-233
Am-242m+Am-242
Am-243+Np-239

Textual Amendments

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources