Regulation on the Safety Management of Radioactive Waste

Regulation on the Safety Management of Radioactive Waste Order of the State Council (No. 612) The Regulation on the Safety Management of Radioactive Waste, as adopted at the 183 executive meeting of the State Council on November 30, 2011, is hereby issued and shall come into force on March 1, 2012. Wen Jiabao, Premier December 20, 2011 Regulation on the Safety Management of Radioactive Waste Chapter I General Provisions Article 1 This Regulation is formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution for purposes of strengthening the safety management of radioactive waste, protecting the environment and safeguarding human health. Article 2 The term “radioactive waste” as mentioned in this Regulation means waste containing radionuclide or contaminated with radionuclide, with the density or specific activity of radionuclide higher than the clearance level determined by the state, and is expected to be no longer used. Article 3 This Regulation shall apply to activities such as the processing, storage and disposal of radioactive waste and the supervision and management thereof. The term “processing” as mentioned in this Regulation means activities which change the properties, shape and volume of radioactive waste through means such as purification, concentration, solidification, compression and packaging to transport, store and dispose of radioactive waste in a safe and economical manner. The term “storage” as mentioned in this Regulation means activities which temporarily place sources of radioactive waste and other solid radioactive waste in facilities specially built for their maintenance. The term “disposal” as mentioned in this Regulation means activities which ultimately place sources of radioactive waste and other solid radioactive waste in specially built facilities for no further taking back. Article 4 The safety management of radioactive waste shall adhere to the principle of reduction, harmlessness, appropriate disposal and permanent safety. Article 5 The environmental protection administrative department under the State Council shall be uniformly responsible for the safety supervision and administration of radioactive waste throughout the country. The competent department of nuclear industry and other relevant departments under the State Council shall, in accordance with this Regulation and their respective duties, be responsible for the relevant administration of radioactive waste. The environmental protection administrative departments and other relevant departments of the local people's governments at the county level and above shall, in accordance with this Regulation and their respective duties, be responsible for the relevant administration of radioactive waste within their respective administrative regions. Article 6 The state shall subject radioactive waste to classification management. The radioactive waste shall be divided into high-level radioactive waste, medium-level radioactive waste and low-level radioactive waste based on their characteristics and the extent of potential harm to human health and the environment. Article 7 The processing, storage and disposal of radioactive waste shall comply with the relevant national standards for the prevention and control of radioactive contamination and the provisions of the environmental protection administrative department under the State Council. Article 8 The environmental protection administrative department under the State Council shall, jointly with the competent department of nuclear industry and other relevant departments under the State Council, establish a national radioactive waste management information system to realize the sharing of information. The state shall encourage and support scientific research on and the development and utilization of technology for the safety management of radioactive waste, and promote advanced radioactive waste safety management technology. Article 9 Any entity or individual shall have the right to report violations of this Regulation to the environmental protection administrative department or any other relevant department of the people's government at the county level or above. A department receiving a report shall investigate and handle the issue in a timely manner and keep confidential the name of the informant. If the violation reported is verified to be true through investigation, the informant shall be rewarded. Chapter II Processing and Storage of Radioactive Waste Article 10 An entity operating nuclear facilities shall send the sources of radioactive waste which it has generated and which can not be recycled and can not be returned to the original production entity or the exporter (hereinafter referred to as the “sources of radioactive waste”) to an entity which has obtained the corresponding license to store solid radioactive waste for centralized storage, or directly send them to an entity which has obtained the corresponding license to dispose of solid radioactive waste for disposal. An entity operating nuclear facilities shall process the solid radioactive waste it has generated, other than the sources of radioactive waste, and the liquid radioactive waste which can not be discharged through purification, and after turning the two kinds of waste into stable and standardized solid waste, store the said waste by itself, and send it in a timely manner to an entity which has obtained the corresponding license to dispose of solid radioactive waste for disposal. Article 11 An entity utilizing nuclear technology shall process the liquid radioactive waste it has generated and which can not be discharged through purification, and turn it into solid radioactive waste. An entity utilizing nuclear technology shall send in a timely manner the sources of radioactive waste and other solid radioactive waste it has generated to an entity which has obtained the corresponding license to store solid radioactive waste for centralized storage, or directly send them to an entity which has obtained the corresponding license to dispose of solid radioactive waste for disposal. Article 12 An entity specializing in the storage of solid radioactive waste shall meet the following conditions and apply for a license for the storage of solid radioactive waste in accordance with this Regulation: (1) have a corporate status; (2) have an organization that can guarantee the safe operation of the storage facilities and more than three professional technical personnel for radioactive waste management, radioprotection and environmental monitoring, and among them, there shall be at least one registered nuclear safety engineer; (3) have facilities and places to receive and store solid radioactive waste which meet the relevant national standards for the prevention and control of radioactive contamination and the provisions of the environmental protection administrative department under the State Council, and have equipment for the radiation detection, radiation protection and environmental monitoring; and (4) have a sound management system and quality assurance system that meets the requirements of nuclear safety supervision and administration, including a quality assurance program, monitoring plans for the running of storage facilities, plans for radiation environmental monitoring, contingency plans, and so forth. Where an entity operating nuclear facilities uses the storage facilities constructed to support nuclear facilities to store the solid radioactive waste it has generated, it is not required to apply for a storage license. In the case of storing solid radioactive waste generated by another entity, it shall apply for a storage license in accordance with this Regulation. Article 13 To apply for a license for the storage of solid radioactive waste, an entity shall file a written application with the environmental protection administrative department under the State Council, and submit certification materials meeting the conditions as prescribed by Article 12 of this Regulation. The environmental protection administrative department under the State Council shall, within 20 workdays upon acceptance of an application, complete examination, and issue a license and make an announcement if the applicant meets the conditions; and if the applicant fails to meet the conditions, notify the applicant in writing and give reasons. During the process of examination, the environmental protection administrative department under the State Council shall organize experts to conduct technical appraisal, and solicit the opinions of other relevant departments under the State Council. The time needed for technical appraisal shall be communicated to the applicant in writing. Article 14 A license for the storage of solid radioactive waste shall include the following: (1) the name, address and legal representative of the entity; (2) permitted types, scope and scale of activities; (3) validity period; and (4) the issuing authority, issuance date and serial number of the license. Article 15 Where an entity storing solid radioactive waste modifies its name, address or legal representative, it shall, within 20 days from the date of registration of the modification, apply to the environmental protection administrative department under the State Council for handling the formalities for the modification of the license. Where an entity storing solid radioactive waste needs to modify the types, scope and scale of activities as stipulated in the license, it shall, according to the original application procedures, apply to the environmental protection administrative department under the State Council for a new license. Article 16 A license for the storage of solid radioactive waste shall be valid for 10 years. Upon the expiration of the validity period of the license, where an entity storing solid radioactive waste needs to continue engaging in storage activities, it shall, 90 days before the expiration of the validity period of the license, apply to the environmental protection administrative department under the State Council for renewal. The environmental protection administrative department under the State Council shall, before the expiration of the validity period of the license, complete examination, approve renewal if the applicant meets the conditions; and if the applicant fails to meet the conditions, notify the applicant in writing and give reasons. Article 17 An entity storing solid radioactive waste shall, in accordance with the relevant national standards for the prevention and control of radioactive contamination and the provisions of the environmental protection administrative department under the State Council, store and clear up the sources of radioactive waste and other solid radioactive ......