Any disposal of non-radioactive waste (including excavation materials arising from construction) on a nuclear site will require an environmental permit issued by the EA under the Permitting Regulations 2010 and Part 2 of the EPA 1990 (see Section 33(1)(a)). Operators are prohibited from treating, keeping or disposing of controlled waste or extractive waste in a manner likely to cause pollution of the environmental or harm to human health. A duty of care is imposed on those in possession of waste requiring them to take all reasonable measures to, among other things, prevent the escape of waste from their control and secure that waste is only transferred to authorised persons. Like the other environmental permits issued under the Permitting Regulations 2010, the EA will be able to control the waste disposals through the conditions imposed, and to take enforcement action under Part 4.

Recognising the unique and hazardous characteristics of nuclear waste, the UK operates a separate regulatory regime which is much more stringent than in other areas of environmental regulation. The accumulation and disposal of radioactive waste requires an authorisation granted by the EA under the Radioactive Substances Act 1993 (RSA 1993). A disposal includes those directly into the environment, for example discharges to air, water and land, as well as transfers to other sites for disposal (which includes treatment). The EA is obliged to consult with a number of bodies before granting an authorisation, including the HSE and ‘such local authorities, relevant water bodies or other public or local authorities as appear. . . to be proper to be consulted’ (Section 16(5); see also Section 18). Under the RSA 1993, the Secretary of State has retained key powers and can direct the EA to grant (with or without conditions), refuse, vary, cancel or revoke applications, and can require certain applications to be determined by him or her. The RSA 1993 regime offers different levels of regulatory control, from local authorities through to the Secretary of State, to ensure that environmental impacts are adequately reflected in radioactive waste man­agement decisions. In order to ensure compliance, the EA has the power to issue enforcement and prohibition notices, and operators in breach of their authorisations could face an unlimited fine. There is also the possibility of up to five years’ imprisonment where it can be proved that an offence has been committed, with the consent, or by the neglect, of an officer of a corporate body.