SCHEDULE 23Radioactive substances activities

PART 6Radioactive substances activity exemptions

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

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.

F18

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.