Radioactive Waste - Storage and Disposal

• Radioactive Substances Act 1993 (RSA 93)

This Act regulates the keeping and use of radioactive material and makes provision for the disposal and accumulation of radioactive waste. The Act prohibits disposal or accumulation of radioactive waste except as authorised by SEPA/EA. The Act also enables the Secretary of State to provide facilities for the disposal and accumulation of radioactive waste.

• Radioactive Substances (Phosphatic Substances, Rare Earths etc.) Exemption Order 1962 and Radioactive Substances (Substances of Low Activity) Exemption Order 1986 (as amended)

These Regulations provide a number of exemptions for accumulation and disposal of low specific activity material.

• Special Waste Regulations 1996 (now only applicable in Scotland)
• Hazardous Waste (England and Wales) Regulations 2005

Radioactive waste is not classed as special waste due to its radioactivity (this is governed by RSA 93). However where a radioactive waste has other properties (e.g. toxicity) it will also be classed as Special Waste.

• HSE Offshore Safety Division Operations Notice 4 - Radioactive Substances Act 1993
• Special Waste Explanatory Note 019 - Radioactive Waste
• The UK policy for the long term management of solid low level radioactive waste in the UK.

Certificate of Authorisation for Onshore Disposal of Radioactive Waste is required under Sections 13 and 14 of the Radioactive Substances Act (RSA) 1993. Registration is also required for any offshore accumulation of waste prior to onshore disposal. Permitted onshore disposal routes for solid radioactive waste will be detailed in the Certificate.

If also classed as Special Waste (see Waste Classification) - consignment notes for transfer of waste are required under the Special Wastes Regulations 1996 (see Transfer of Special Waste and SWEN 019).

Some radioactive wastes from offshore may be exempt from registration due to their low levels of radioactivity (see Exemptions).

Complete the RSA 3 form (obtained from SEPA/EA) when applying for registration certificates for holding or disposal of radioactive waste (see Environment Agency RSA 3 Form and guidance). Consignment Notes will usually be dealt with by the waste contractor.

The Scottish Environmental Protection Agency (SEPA) in Scotland; and the Environment Agency (EA) in England and Wales.

4-5 months prior to the use of radioactive material or expected disposal.

In addition to reporting/monitoring requirements described below, the Certificate is likely to impose the following conditions amongst others:

a) that the waste is only being stored for disposal by the means stated;

b) that all necessary measures are taken to prevent any person having access to the waste;

c) that all necessary measures are taken to prevent, so far as is reasonably practicable, the accumulated waste from contaminating any other substance or article; and

d) that the waste shall be disposed of as soon as it is practicable to do so.

See Example Certificate of Registration for Storage and Disposal.

Radioactive wastes may be solids, liquids or gases and have a range of levels of radioactivity and toxicity.

a) Very low level wastes (VLLW) - wastes which can be disposed of with ordinary wastes, with each 0.1 cubic metre of material containing less than 400 kBq of beta/gamma activity.

b) Low level wastes (LLW) containing radioactive materials other than those suitable for disposal with ordinary waste, but not exceeding 4 GBq/tonne of alpha or 12 GBq/tonne of beta/gamma activity - i.e. wastes that can be accepted for authorised disposal e.g. at Drigg, or other landfill sites by controlled burial. Most oil industry radioactive waste falls into this category.

c) Intermediate level wastes (ILW) arise mainly from the reprocessing of spent nuclear fuel and from general operations of radioactive plants.

d) High level wastes (HLW) are heat generating radioactive wastes.

Note that some disposals are exempted from licensing requirements due to low levels of activity, such as:

a) Solid waste, other than a closed source, which is substantially insoluble in water, the activity of which does not exceed 0.4 Bq/g of mass;

b) Organic liquid waste whose only radioactive content is carbon 14 and/or tritium in which the activity, when it becomes waste, does not exceed 4 Bq/ml; and

c) Gases containing one or more radionuclides none of which, nor the decay products have a half-life not exceeding 100 seconds

Prior to offshore disposal a sample of the material must be taken and analysed for radioactivity levels and types.

An estimate of the total activity to be disposed of must be made and recorded.

Records must be maintained of radioactive waste stored and transported.

Records must be maintained for a period specified in the authorisation after cessation of activities.

Radioactive waste (including LSA) disposed of onshore (and offshore) must be reported annually to SEPA. Reports on waste disposal should be made annually by 1st April of the following year.

If also classed as Special Waste - additional reporting requirements will be in place.

It is a condition of registration under the Radioactive Substances Act 1993 that sources that cannot be recovered from downhole are notified to HSE as soon as loss is determined.

NB SEPA/EA will regard the source as “in storage” and may require further recovery attempts at well decommissioning.

Immediately inform SEPA/EA.

Use, accumulation or storage of radioactive material without proper authorisation is an offence under the Act. Not complying with any limitations or conditions set by authorisation or non-compliance with enforcement or prohibition notices is an offence under the Act. A person guilty of these offences shall be liable on summary conviction to a fine not exceeding £20,000 or to imprisonment for a term not exceeding 6 months or to both; or on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

Failure to display documents on premises as required under Section 19 of the Act is an offence liable on summary conviction to a fine not exceeding the statutory maximum or on indictment to a fine.

Failure to keep required records is an offence liable on summary conviction to a fine not exceeding the statutory maximum or a prison sentence not exceeding 3 months, or on indictment to a fine or imprisonment for a period not exceeding 2 years.

The principles and requirements for near-surface disposal facilities dealing with radioactive waste have been set down in a new guidance document being consulted on by SEPA. Further information can be obtained on the SEPA website. Consultation closes on 1st September 2008.

Environment Agency has the same consultation ongoing.

None at Present