Guidance

Accumulating radioactive waste that you cannot transfer because of Brexit

Updated 18 September 2019

This guidance was withdrawn on

This regulatory position statement has expired.

© Crown copyright 2019

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/accumulating-radioactive-waste-that-you-cannot-transfer-because-of-eu-exit/accumulating-radioactive-waste-that-you-cannot-transfer-because-of-eu-exit

You must tell the Environment Agency before you use this Brexit regulatory position statement (Brexit RPS).

For unsealed source you must provide written confirmation by email to:

RSR.Rotherham2.NE@environment-agency.gov.uk

For sealed sources you must provide written confirmation by letter to:

Environment Agency
PO Box 4404
Sheffield
S9 9DA

Your written confirmation must include the information specified in the Conditions you must comply with section of this Brexit RPS.

When this Brexit RPS is not operating you need to comply with the limits in your environmental permit for accumulating radioactive waste (including waste sealed sources).

You can accumulate the following waste sources under the exemption in schedule 23, part 6 paragraph 4(7) of the Environmental Permitting (England and Wales) Regulations 2016 (as amended):

  • electrodeposited sources
  • tritium foil sources
  • sealed sources which are not high activity sealed sources (HASS) or similar sources

When this Brexit RPS is not operating you need to comply with the exemption condition that allows a maximum accumulation period of 26 weeks.

If you cannot transfer sources because of Brexit and you can comply with the conditions in this Brexit RPS, you can temporarily store radioactive waste in excess of these limits at your permitted premises. In the case of mobile radioactive apparatus, this will be the premises where you normally keep sources when they are not in use.

If you think you may not be able to comply with the conditions in this Brexit RPS you must tell the Environment Agency immediately.

When this Brexit RPS applies

This RPS applies until 30 April 2020.

It only applies in these situations:

  • because of Brexit, you are unable to transfer radioactive waste (including waste sealed sources) to facilities outside the UK that are legally entitled to receive such waste
  • you transfer sources to a UK permit holder for onward transfer overseas who cannot accept them because of Brexit

This Brexit RPS only applies:

  • to waste types you are authorised to accumulate under your permit or under the exemption in schedule 23
  • to the temporary accumulation of waste in excess of the limits specified in your permit or the exemption - it does not apply to any other regulatory requirements
  • where you can demonstrate that you have taken all reasonable steps to avoid storing more radioactive waste than your permit or exemption allows

Reasonable steps include:

  • considering suitable alternative disposal routes within the UK
  • contingency planning to avoid or minimise disruption to your business because of Brexit
  • emergency response planning to minimise the impact and duration of not complying with your permit or exemption

Conditions you must comply with

You must:

  • accumulate the radioactive waste at your permitted premises, or for mobile radioactive apparatus the premises where you normally keep sources when not in use, in accordance with the conditions in your permit
  • make a periodic inventory of radioactive waste to confirm that sources are present and remain in good condition
  • transfer radioactive waste to a destination outside the UK following your usual business practice as soon as it is possible and reasonably practicable
  • keep records to show that you have complied with the conditions in this Brexit RPS – these must be available to the Environment Agency on request

For waste HASS or similar sealed sources you must confirm in your written notification that you:

  • comply with the security requirements in your permit
  • will store the waste sources at the building or location specified in schedule 1 of your permit that has the appropriate security level

You must not:

  • accumulate additional waste sealed sources that would result in a change in the security category, and consequent increase in the security level required, without the agreement of the Environment Agency
  • store waste HASS or similar sealed sources at a location on your premises not specified in your permit without the agreement of the Environment Agency

Enforcement

A Brexit RPS means that the Environment Agency will not normally take enforcement action against you provided:

  • your activity meets the description set out in this Brexit RPS
  • you comply with the conditions set out in this Brexit RPS
  • your activity does not, and is not likely to, cause environmental pollution or harm human health
  • you can demonstrate that you have taken all reasonable steps to carry out the activity as required by your permit or exemption

Expiry date

This Brexit RPS will expire on 30 April 2020. After this date you must comply with your permit or exemption.

Contact the Environment Agency

Phone: 020 3025 8174 or 020 3025 8207 (call charges)

Email: RSR.Rotherham2.NE@environment-agency.gov.uk

Post:

Environment Agency
PO Box 4404
Sheffield
S9 9DA

Back to top