Environmental Legislation Website This Page Last Updated 27 October, 2008

Radioactive Waste - Transport

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Legislation Back to Top
Key Legislation

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.

Guidance

HSE Offshore Safety Division Operations Notice 4 - Radioactive Substances Act 1993

Special Waste Explanatory Note 019 - Radioactive Waste

Consent Needed and How to Obtain It Back to Top
Use of Registered Carrier

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 Waste due to its characteristics (e.g. toxicity), Special Waste Regulations will also apply (see Transfer of Special Waste and SWEN 019).

Transport of waste from offshore

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).

Consignor and Carrier Responsibilities

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.
How to Apply

In writing to appropriate competent authority.

Who to Apply To DfT, HSE
When to Apply Before transfer of radioactive waste.
Performance Standards Back to Top
Safe Transport

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.

Sampling/Monitoring Requirements Back to Top
 

None

Reporting Requirements Back to Top
Records to be Kept

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.

Non Compliance Back to Top
Inspections

Not applicable.

Non-compliance Non-compliance with the Regulations is an offence liable to a financial penalty or term of imprisonment.
Renewal and Variation Back to Top
Renewal of Permit

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.

Pending Legislation Back to Top
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. 

DEFRA undertook a consultation on draft Regulations and guidance on UK implementation of the Environmental Liability Directive 2004/35/EC. Further information on implementation of the Directive can be found on the DEFRA website.

Scottish Government has launched a 2nd Consultation on implementation of the Environmental Liability Directive. Closing Date for Responses 8 August 2008

Implementation of 2002 Road Transport Regulations

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.

Snippets Back to Top
EU action over delayed implementation of Environmental Liability Directive The European Commission has decided to refer nine Member States including the UK to the European Court of Justice for failing to transpose the EU directive on liability for damage to the environment into their domestic law. The deadline was 30 April 2007. Read more

 

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