Paragraph 18 Exemption for receiving and disposing of NORM waste

(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).