# The Environmental Permitting (England and Wales) Regulations 2016, 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).

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Source: https://www.legislation.gov.uk/ukdsi/2016/9780111150184/schedule/23/paragraph/18 (the official version)
Page: https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2016/schedule-23/paragraph-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.