The Environmental Permitting (England and Wales) Regulations 2016

Exemption for accumulating NORM waste

7.—(1) This paragraph applies—

(a) to the following radioactive substances activities—

(i) the activity described in paragraph 11(2)(c) 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 with a NORM waste concentration that does not exceed 10 Bq/g (“Qualifying NORM Waste”).

(2) Subject to sub-paragraph (5) where it applies, a person (“A”) is exempt from the requirement for an environmental permit to carry on Activity A or Activity B in respect of Qualifying 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 accumulation by A with a view to its subsequent management by A on the premises on which it is received by A.

(3) Subject to sub-paragraph (5) where it applies, a person (“C”) is exempt from the requirement for an environmental permit to carry on Activity A in respect of Qualifying NORM Waste where C complies with the relevant standard conditions.

(4) Sub-paragraph (5) applies to a person (“D”) who holds an environmental permit to carry on Activity A on premises (“the relevant premises”) in respect of NORM waste with a NORM waste concentration which is more than 10 Bq/g.

(5) The exemptions in sub-paragraphs (2) and (3) do not apply to D in respect of Qualifying NORM waste—

(a) with a NORM waste concentration which exceeds 5 Bq/g, and

(b) which is accumulated on the relevant premises.