Radioactive Waste - Storage and Disposal

• Radioactive Substances Act 1993 (RSA 93)

This Act regulates the keeping and use of radioactive material and makes provision for the disposal and accumulation of radioactive waste. The Act prohibits disposal or accumulation of radioactive waste except as authorised by SEPA/EA. The Act also enables the Secretary of State to provide facilities for the disposal and accumulation of radioactive waste.

• Radioactive Substances (Phosphatic Substances, Rare Earths etc.) Exemption Order 1962 and Radioactive Substances (Substances of Low Activity) Exemption Order 1986 (as amended)

These Regulations provide a number of exemptions for accumulation and disposal of low specific activity material.

• Special Waste Amendment (Scotland) Regulations 2004
• Hazardous Waste (England and Wales) Regulations 2005

Radioactive waste is not classed as special waste due to its radioactivity (this is governed by RSA 93). However where a radioactive waste has other properties (e.g. toxicity) it will also be classed as Special or Hazardous Waste.

The Radioactive Substances Act 1993 (RSA93) was repealed on 6th April 2010 to allow radioactive substance regulation to be included in the Environmental Permitting regime. The second phase of Environmental Permitting Programme (EPP2) creates a system of risk-based environmental permitting and compliance for radioactive substances regulation; e.g. permits for keeping and use of radioactive materials, and for accumulation and disposal of radioactive waste. Much of the information in the RSA93 appears in EPR 2010. Existing Registrations and Authorisations automatically became 'environmental permits' – current licences continue to be valid. Exemption Orders are under review by DECC; any exemption revisions are expected to be included by amending schedule 23 at the end of 2010. Future Applications for these permits are regulated within the EPR regime, and not under the Radioactive Substances Act 1993. The changes are only made in England and Wales. Arrangements in Scotland and Northern Ireland will stay as they are.

• The Environmental Permitting (England and Wales) Regulations 2010

The Environmental Permitting ( England and Wales) Regulations 2010 came into force on 6 April 2010. They provide a consolidated environmental permitting system in England and Wales. They extend the environmental permit system to cover water discharge consents, groundwater authorisations and radioactive substances regulation. The intention is to enable businesses and regulators to gradually adopt a one permit, one-regulator, one-site regime. This will reduce costs and cut red tape whilst continuing to protect the environment. This phase is called ‘Environmental Permitting Phase 2 (EPP2); this affects businesses that:

1. Discharge to rivers, lakes, estuaries or coastal waters etc
2. Discharge substances to groundwater
3. Use or disposal of radioactive substances or wastes

Organisations holding a current water discharge consent, groundwater authorisation or radioactive substances authorisation do not have to re-apply. Existing consents or authorisations automatically become environmental permits under the new regulations.

• HSE Offshore Safety Division Operations Notice 4 - Radioactive Substances Act 1993
• Special Waste Explanatory Note 019 - Radioactive Waste
• The UK policy for the long term management of solid low level radioactive waste in the UK.

Certificate of Authorisation for Onshore Disposal of Radioactive Waste is required under Sections 13 and 14 of the Radioactive Substances Act (RSA) 1993. Registration is also required for any offshore accumulation of waste prior to onshore disposal. Permitted onshore disposal routes for solid radioactive waste will be detailed in the Certificate.

If also classed as Special or Hazardous Waste (see Waste Classification) - consignment notes for transfer of waste are required under the Special/Hazardous Wastes Regulations (see Transfer of Special/Hazardous Waste and SWEN 019).

Some radioactive wastes from offshore may be exempt from registration due to their low levels of radioactivity (see Exemptions).

Complete the RSA 3 form (obtained from SEPA/EA) when applying for registration certificates for holding or disposal of radioactive waste (see Environment Agency RSA 3 Form and guidance). Consignment Notes will usually be dealt with by the waste contractor.

The Scottish Environmental Protection Agency (SEPA) in Scotland; and the Environment Agency (EA) in England and Wales.

4-5 months prior to the use of radioactive material or expected disposal.

In addition to reporting/monitoring requirements described below, the Certificate is likely to impose the following conditions amongst others:

a) that the waste is only being stored for disposal by the means stated;

b) that all necessary measures are taken to prevent any person having access to the waste;

c) that all necessary measures are taken to prevent, so far as is reasonably practicable, the accumulated waste from contaminating any other substance or article; and

d) that the waste shall be disposed of as soon as it is practicable to do so.

See Example Certificate of Registration for Storage and Disposal.

Radioactive wastes may be solids, liquids or gases and have a range of levels of radioactivity and toxicity.

a) Very low level wastes (VLLW) - wastes which can be disposed of with ordinary wastes, with each 0.1 cubic metre of material containing less than 400 kBq of beta/gamma activity.

b) Low level wastes (LLW) containing radioactive materials other than those suitable for disposal with ordinary waste, but not exceeding 4 GBq/tonne of alpha or 12 GBq/tonne of beta/gamma activity - i.e. wastes that can be accepted for authorised disposal e.g. at Drigg, or other landfill sites by controlled burial. Most oil industry radioactive waste falls into this category.

c) Intermediate level wastes (ILW) arise mainly from the reprocessing of spent nuclear fuel and from general operations of radioactive plants.

d) High level wastes (HLW) are heat generating radioactive wastes.

Note that some disposals are exempted from licensing requirements due to low levels of activity, such as:

a) Solid waste, other than a closed source, which is substantially insoluble in water, the activity of which does not exceed 0.4 Bq/g of mass;

b) Organic liquid waste whose only radioactive content is carbon 14 and/or tritium in which the activity, when it becomes waste, does not exceed 4 Bq/ml; and

c) Gases containing one or more radionuclides none of which, nor the decay products have a half-life not exceeding 100 seconds

Prior to offshore disposal a sample of the material must be taken and analysed for radioactivity levels and types.

An estimate of the total activity to be disposed of must be made and recorded.

Records must be maintained of radioactive waste stored and transported.

Records must be maintained for a period specified in the authorisation after cessation of activities.

Radioactive waste (including LSA) disposed of onshore (and offshore) must be reported annually to SEPA. Reports on waste disposal should be made annually by 1st April of the following year.

If also classed as Special or Hazardous Waste - additional reporting requirements will be in place.

It is a condition of registration under the Radioactive Substances Act 1993 that sources that cannot be recovered from downhole are notified to HSE as soon as loss is determined.

NB SEPA/EA will regard the source as “in storage” and may require further recovery attempts at well decommissioning.

Immediately inform SEPA/EA.

Use, accumulation or storage of radioactive material without proper authorisation is an offence under the Act. Not complying with any limitations or conditions set by authorisation or non-compliance with enforcement or prohibition notices is an offence under the Act. A person guilty of these offences shall be liable on summary conviction to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 6 months or to both; or on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

Failure to display documents on premises as required under Section 19 of the Act is an offence liable on summary conviction to a fine not exceeding the statutory maximum or on indictment to a fine.

Failure to keep required records is an offence liable on summary conviction to a fine not exceeding the statutory maximum or a prison sentence not exceeding 3 months, or on indictment to a fine or imprisonment for a period not exceeding 2 years.

The Environment Agency sought views for standard permits for radioactive substances activities. The standard rules and generic risk assessments will become available in 2010 as part of proposed revised Environmental Permitting (EP) Regulations.

Standard rules define how the operator must carry out specific activities. If an operator wishes to carry out an activity covered by standard rules and believes that they can comply with those rules, then they can apply for a standard permit. This will be quicker and easier than applying for a bespoke permit, which will require more detailed assessment. View more information.

The second phase of the 'Environmental Permitting' Programme (EPP2) is now being consulted on. EPP2 aims to reduce costs for operators and the regulator by cutting unnecessary red tape, while continuing to protect the environment and human health. The proposal is to create a common system of risk-based environmental permitting including:

• Certain discharges to surface waters;
• The disposal of specific substances into groundwater, and;
• Permits for radioactive materials and for disposal of radioactive waste.

See DEFRA consultation on Environmental Permitting Programme.

The principles and requirements for near-surface disposal facilities dealing with radioactive waste have been set down in a new guidance document that was released on the 18 February 2009. Further information can be obtained on the SEPA website.

The updated guidance was developed in consultation with industry and prepared jointly with the Environmental Agency in England and Wales.

Environmental Liability Directive 2004/35/EC

The Environmental Liability Directive was adopted in 2004 and was required to be implemented by 30 April 2007.  The Directive enforces strict liability for prevention and remediation of environmental damage to ‘biodiversity’, water and land from specified activities and remediation of environmental damage for all other activities through fault or negligence. 

The Environmental Liability Directive is now implemented in England and Wales (see Environmental Liability). The Scottish Government has completed its 2nd consultation and regulations are pending.