Radioactive Waste - Transfer to Shore

• Radioactive Material (Road Transport) Act 1991
• The Radioactive Materials (Road Transport) (Great Britain) Regulations 1996
• The Radioactive Materials (Road Transport) Regulations 2002 (as amended)

These regulations make provision for the transport in Great Britain of radioactive material and set out the responsibilities of consignors and carriers. These Regulations are unlikely to come into force before March 2004. Until that time the 1996 Regulations will continue to apply.

• Environmental Protection (Duty of Care) Regulations 1991
• Control of Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
• Reporting Requirements for Ships Carrying Dangerous or Polluting Goods 1995 (as amended)
• Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997
• The Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008

These Regulations revoke and replace the Transfrontier Shipment of Radioactive Waste Regulations 1993. The Regulations extend the scope of the 1993 Regulations to include spent nuclear fuel for re-processing as well as shipments of radioactive waste.

The Duty of Care makes it the waste producers (consignors) responsibility to ensure that waste is only transferred to an appropriately licensed carrier, carrying an appropriate approval certificate issued under the Radioactive Material (Road Transport) Regulations. The Carrier must also display the appropriate identification marks on the vehicle.

If waste is also classified as Special or Hazardous Waste due to its characteristics (e.g. toxicity), Special Waste/Hazardous Regulations will also apply (see Transfer of Special/Hazardous Waste and SWEN 019).

If the waste is being transferred from offshore, the Road Transport Regulations do not apply to the transfer vessel, but will apply once this waste is transferred onshore. Vessels carrying radioactive materials must comply with the Merchant Shipping Regulations and stow and label goods in accordance with the International Maritime Dangerous Goods (IMDG) Code. The ships manifest must also detail all the dangerous goods being carried.

Note: Transport of some radioactive material is exempt from registration under RSA93 (e.g. closed sources).

The Consignor must ensure the following:

• That each package is correctly marked and labelled;
• That freight containers are carrying appropriate placards;
• Provide required information in the transport documents, including consignor name and address, the UN Number of the radioactive material, the name or symbol of each radionuclide, description of the physical and chemical form of the material, maximum radioactive activity, package category and transport index (as per the Regulations);
• Provide information to the carrier on any actions required e.g. supplementary requirements for loading, stowage and handling and any emergency arrangements;
• Notify the competent authority before the first shipment;
• Retain copies of the certificate of approvals and a copy of the instructions regarding packaging and shipment preparation.

The Carrier also has a number of responsibilities under the Regulations, in particular:

• Correct segregation and stowage of packages during transport and in storage when in transit;
• If a consignment is undeliverable, the consignment must be placed in a safe location and the DfT/HSE informed as appropriate;
• Carry appropriate fire fighting equipment.

In writing to appropriate competent authority.

The Radioactive Material (Road Transport) Regulations puts in place a system to ensure safe carriage of radioactive material by road. Similar controls are in place for transport by rail. The Regulations require carriers to be authorised by DfT/HSE and sets out packaging/stowage requirements for different types of radioactive material. Specific requirements are given for LSA.

None

The consignor of any consignment must retain any information regarding measurements of contamination of that consignment for a period of not less than 2 years. In addition information on packaging used must also be retained.

Not applicable.

Not applicable. A consignment certificate must be issued for each transfer.

If the same packaging/radioactive contents is consigned as a package on a regular basis by the same consignor, who is also the carrier of that package, a regular consignment certificate may be issued.

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.

There are number of implementation issues ongoing, including division of responsibilities between the competent authorities. It is therefore unlikely that the new Regulations will come into force before March 2004.

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.