Regulations on Safety Administration of Radioactive Wastes

Order of the State Council No. 612

December 20, 2011

The Regulations on Safety Administration of Radioactive Wastes were ratified at the 183rd executing meeting of the State Council on November 30, 2011 and are hereby promulgated and shall take effect as of March 1, 2012.

Premier Wen Jiabao

Regulations on Safety Administration of Radioactive Wastes

Chapter I General Provisions

Article 1 These Regulations are enacted in accordance with the Law of the People's Republic of China on Prevention and Control of Radioactive Pollution for the purpose of strengthening the safety administration on radioactive wastes, protecting the environment and safeguarding the body health.

Article 2 For the purpose of these Regulations, the radioactive wastes refer to the wastes containing radionuclide or the wastes which are polluted by the radionuclide where the concentration or specific activity of the radionuclide is greater than the clearance level determined by the government and it is anticipated not to be used further.

Article 3 The treatment, storage, disposal, supervision and administration of the radioactive wastes shall be applicable to these Regulations.
Treatment in these Regulations means the activities carried out to change the property, form and volume of the radioactive wastes by means of purification, concentration, solidification, compression and packaging with the purpose to transport, store and dispose of the radioactive wastes in a safe and economic manner.
Storage in these Regulations means the activities to keep the waste radioactive sources and other radioactive solid wastes in the facilities specifically constructed on a temporary basis.
Disposal in these Regulations means the activities finally to keep the waste radioactive sources and other radioactive solid wastes in the facilities specifically constructed and never are recycled again.

Article 4 The safety administration of the radioactive wastes shall follow the principles of minimization, harmless and proper disposal and permanent safety.

Article 5 The environmental protection department of the State Council shall be uniformly responsible for the safety supervision and administration work concerning the radioactive wastes in the whole country.
The competent authority of the State Council in charge of nuclear industry and other relevant authorities shall be responsible for the administration on the radioactive wastes pursuant to these Regulations and respective duties.
The competent environmental protection authorities of the people's government above county level and other relevant authorities shall be responsible for the administration on the radioactive wastes within their jurisdictions pursuant to these Regulations and their respective duties.

Article 6 Classified administrations on the radioactive wastes will be applied.
Pursuant to the properties of the radioactive wastes and the degree of potential harm to the body health and environment, the radioactive wastes will be classified as high-level radioactive wastes, medium-level radioactive wastes and low-level radioactive wastes.

Article 7 The treatment, storage and disposal of the radioactive wastes shall follow the radioactive pollution prevention and control standards and the provisions of the environmental protection department of the State Council.

Article 8 The competent environmental protection authority of the State Council shall, together with the nuclear industry administration department of the State Council and other relevant authorities, establish a national-wide radioactive waste management information system to realize the share of information.
The governments will encourage, support the science research and technical development and application on the safety administration of radioactive wastes, and will promote advanced safety administration technology concerning radioactive wastes.

Article 9 All entities and individuals have the right to report any violations of these Regulations to the competent environmental protection authority of the people's government above county level or other relevant authorities. The authorities receiving the reports shall conduct investigation and make treatment in a timely manner and keep the informants in confidentiality; after the reports are evidenced to be true after investigation, awards will be granted to the informants.

Chapter II Treatment and storage of radioactive wastes

Article 10 The nuclear facility operators shall deliver the waste radioactive sources that are generated by themselves and can't be returned to the original producers or the exporters (hereinafter referred to as the "Waste Radioactive Sources"), to the radioactive solid waste storage entity obtaining relevant licenses for concentrated storage, or directly deliver the waste radioactive sources to the radioactive solid waste treatment entities obtaining relevant licenses for treatment.
The nuclear facility operators shall make treatment for the radioactive solid wastes beyond the waste radioactive sources or the waste radioactive liquid that can't be purified and discharged, generated by themselves, to transform such wastes into stable and standard solid wastes for storage, and deliver them in a timely manner to the radioactive solid waste treatment entities obtaining relevant licenses for treatment.

Article 11 The nuclear technology application entities shall make treatment of the waste radioactive liquid that can't be purified and discharged to transform such wastes into radioactive solid wastes.
The nuclear technology application entities shall deliver the waste radioactive sources and other radioactive solid wastes to the radioactive solid waste storage entities obtaining relevant licenses for concentrated storage, or deliver directly the waste radioactive sources to the radioactive solid waste treatment entities obtaining relevant licenses for treatment, in a timely manner.

Article 12 The entities specially involved in storage of radioactive solid wastes shall satisfy following conditions and shall apply for the issuance of the licenses for storage of radioactive solid wastes pursuant to these Regulations:
1. Having the qualification of legal person;
2. Having the organizational structure that can guarantee the safe operation of the storage facilities and have more than 3 radioactive waste management, radioactive protection, environmental monitoring technicians, including at least 1 certified nuclear safety engineer;
3. Having the radioactive solid wastes receiving and storage facilities and premises and radioactive inspection, radioactive protection and environmental monitoring equipment satisfying the relevant national radioactive pollution prevention and control standards and the provisions of the environmental protection department of the State Council;
4. Having complete management system and the quality assurance system satisfying the requirements for supervision and management of nuclear safety, including the quality assurance outline, storage facility operation and monitoring plans, radioactive environment monitoring plans and emergency plans, etc.
The nuclear facility operators are not required to apply for the issuance of the storage license if using the storage facilities constructed together with the nuclear facilities to store the solid radioactive wastes generated by such operators; if storing radioactive solid wastes made by other entities, such operators shall apply for the issuance of the storage licenses pursuant to these Regulations.

Article 13 The entities specially involved in storage of radioactive solid wastes shall submit a written application to the environmental protection department of the State Council and proof materials satisfying Article 12 of these Regulations:
The environmental protection department of the State Council shall complete the review and examination within 20 working days from the date of acceptance and issue and publicize the licenses for the qualified applicants, or give writing notice to the disqualified applicants, stating the reasons.
The environmental protection department of the State Council shall organize experts to carry out technical review and examination during the review and examination, and seek the opinions of other departments of the State Council. The time necessary for the technical review shall be notified to the applicant in writing.

Article 14 The license for storage of radioactive solid wastes shall state following contents:
1. The name, address and legal representative of the entity;
2. The types, scope and scale of the activities licensed;
3. Valid term;
4. Issuing authority, issuing date and series number of certificate.

Article 15 Where a radioactive solid waste storage entity changes its name, address, or legal representative, such entity shall, within 20 days of the date of the registration of such change, file application at the environmental protection department of the State Council for handling the license change formalities.
Where a radioactive solid waste storage entity needs to change the types, scope and scale of the activities set forth in the license, such entity shall file application with the environmental protection department of the State Council for re-issuance of license pursuant to the original procedures.

Article 16 The valid term of the license for storage of radioactive solid wastes is 10 years.
Where a radioactive solid waste storage entity requires continuing to engage in the storage activities after expiration of the valid term of the license, such entity shall, 90 days prior to the expiration of the valid term, file application with the environmental protection department of the State Council for renewal of the license.
The environmental protection department of the State Council shall complete the review and examination prior to the expiration of the valid term of the license and approve the renewal for the qualified applicants, or give writing notice to the disqualified applicants, stating the reasons.

Article 17 The radioactive solid waste storage entity shall, pursuant to the relevant national radioactive pollution protection and control standards and the provisions of the environmental protection department of the State Council, carry out classified storage and clearance for the received waste radioactive source and other radioactive solid wastes, and clean such wastes or deliver such wastes to the radioactive solid waste treatment entities obtaining the relevant licenses for disposal in a timely manner.
The radioactive solid waste storage entities shall establish recording files of radioactive solid waste storage information, record accurately and completely the sources, quantity, properties, storage location, clearance, delivery and disposal of the stored radioactive solid wastes and other matters relating to the storage activities.
The radioactive solid waste storage entities shall, pursuant to the natural environment of the storage facilities and the properties of the radioactive solid wastes, take necessary protection measures to guarantee the integrity of the storage facilities and vessels and the safety of the radioactive solid wastes in the storage term, and ensure the safe retrieval of the radioactive solid wastes.

Article 18 The radioactive solid storage entities shall conduct safety examination on the storage facilities, and conduct radioactive monitoring on the underground waster, surface water, soil and air around the storage facilities pursuant to the operation and supervision plans of the storage facilities and the radioactive environment monitoring plans.
The radioactive solid storage entities shall record accurately the monitoring data and find out the reasons and take corresponding prevention measures immediately upon finding any safety hidden troubles or any radioactive nuclide in the surrounding beyond the national standards, and report such matters to the environmental protection authorities of the people's government of the province, autonomous region and municipality directly under the central government. In the event any radioactive accident is constituted, such entities shall start up immediately the emergency plans and make reports and carry out relevant accident emergency work pursuant to the Law of the People's Republic of China on Radioactive Pollution Protection and Control and the Regulations on Safety and Protection of Radioactive Isotope and Radial Apparatus.

Article 19 Upon delivering the waste radioactive sources and other radioactive solid wastes to the radioactive solid waste storage and treatment entities for storage and treatment, the delivery entity shall deliver simultaneously the types, quantity, activity and other data about the radioactive solid wastes and the original files of the waste radioactive sources, and bear the expenses for storage and disposal of the wastes as required.

Chapter III Disposal of radioactive wastes

Article 20 The nuclear industry administration department of the State Council shall, together with the environmental protection department of the State Council, prepare radioactive solid waste disposal site selection planning on the basis of seeking the comments of relevant departments of the State Council and carrying out the environmental impact evaluation subject to the geological, environmental, social and economic conditions and the requirements for disposal of the radioactive solid wastes and report such planning to the State Council for approval and implementation.
Relevant local people's governments shall, pursuant to the radioactive solid waste disposal site selection planning, provide the construction land for the radioactive solid waste disposal sites and take effective measures to support the disposal of radioactive solid wastes.

Article 21 The construction of radioactive solid waste disposal facilities shall follow the technical guidelines and requirements for selection of radioactive solid waste disposal sites, ensure safety protection space from the residential area, water source protection area, traffic artery, plants and other premises, and conduct fully research and discussion on the geologic structure, hydrogeology and other natural conditions of the sites and the social, economic conditions.

Article 22 The construction of radioactive solid waste disposal facilities shall satisfy the radioactive solid waste site selection planning and ensure the holding of the relevant site selection approval procedures and construction permits. No site selection or construction will be approved if such site selection or construction does not satisfy the site selection planning or technical guidelines or standards of site selection.
The engineering and safety technical research, underground experiment, site selection and construction of the disposal facilities of high-level radioactive solid wastes and deep geological disposal facilities of α radioactive solid waste will be organized for implementation by the nuclear industry administration department of the State Council.

Article 23 The entities specially involved in the disposal of radioactive solid wastes shall satisfy following conditions and shall apply for the issuance of the licenses for disposal of radioactive solid wastes pursuant to these Regulations:
1. Having the qualification of legal person of state owned or state holding enterprise;
2. Having the organizational structure and technicians that can guarantee the safe operation of the disposal facilities. The low and medium level radioactive solid waste disposal entities shall have more than 10 technicians skilled at radioactive waste management, radioactive protection, environmental monitoring, including at least 3 certified nuclear safety engineers; the high-level radioactive solid waste and α radioactive solid waste disposal entities shall have more than 20 technicians skilled at radioactive waste management, radioactive protection, environmental monitoring, including at least 3 certified nuclear safety engineers.
3. Having the radioactive solid waste receiving and disposal facilities and premises and radioactive inspection, radioactive protection and environmental monitoring equipment satisfying the relevant national radioactive pollution prevention and control standards and the provisions of the environmental protection department of the State Council; the low and medium level radioactive solid waste disposal facilities shall satisfy more than 300 years' safety isolation requirements after closedown; and the high level radioactive solid waste and the deep geological disposal facilities of the radioactive solid wastes shall satisfy more than 10,000 years' safety isolation requirements after closedown.
4. Having relevant amount of registered capital. The registered capital of the low and medium level radioactive solid waste disposal entity shall not be lower than RMB30 million and that of the high level radioactive solid waste and α radioactive solid waste disposal entities shall not be lower than RMB100 million.
5. Having the financial security that can guarantee that their disposal activities will continue until the expiration of the safety custody period.
6. Having complete management system and the quality assurance system satisfying the requirements for supervision and management of nuclear safety, including the quality assurance outline, disposal facility operation and monitoring plans, radioactive environment monitoring plans and emergency plans, etc.

Article 24 The power and procedures for the approval of the application, change or renewal of the license for disposal of the radioactive solid wastes as well as the contents, valid term of the license shall be governed by the provisions of Article 13~16 hereof.

Article 25 The radioactive solid waste disposal entities shall, pursuant to the relevant national radioactive pollution protection and control standards and the provisions of the environmental protection department of the State Council, carry out disposal of the received radioactive solid wastes.
The radioactive solid waste disposal entities shall establish recording files of radioactive solid waste disposal information, record accurately and completely the sources, quantity, properties, storage location, clearance, delivery and treatment of the disposed radioactive solid wastes and other matters relating to the disposal activities. The recording files of the disposal of the radioactive solid wastes shall be kept permanently.

Article 26 The radioactive solid disposal entities shall conduct safety examination on the disposal facilities, and conduct radioactive monitoring on the underground waster, surface water, soil and air around the disposal facilities pursuant to the operation and supervision plans of the disposal facilities and the radioactive environment monitoring plans.
The radioactive solid disposal entities shall record accurately the monitoring data and find out the reasons and take corresponding prevention measures immediately upon finding any safety hidden trouble or any radioactive nuclide in the surrounding beyond the national standards, and report such matters to the environmental protection authorities of the people's government of the province, autonomous region and municipality directly under the central government. In the event any radioactive accident is constituted, such entities shall start up immediately the emergency plans and make reports and carry out relevant accident emergency work pursuant to the Law of the People's Republic of China on Radioactive Pollution Protection and Control, and the Regulations on Safety and Protection of Radioactive Isotope and Radial Apparatus.

Article 27 Where the designed service term of the radioactive solid waste disposal facilities expires, or the disposed radioactive solid wastes have reached the designed capacity of the such facilities, or the local geological structure or hydrogeology and other conditions contain substantial change, which cause the disposal facilities improper to continue to dispose of the radioactive solid wastes, such facilities shall be subject to the closedown formalities and be established with permanent signs in the designated location.
In the event of the closedown of the radioactive solid waste disposal facilities, the disposal entities shall prepare disposal facility safety monitoring plans and report such plans to the environmental protection department of the State Council for approval.
After the radioactive solid waste disposal facilities are closed down as legally required, the disposal entities shall, pursuant to the approved safety monitoring plans, conduct safety monitoring for the closed disposal facilities. In the event that the radioactive solid waste disposal entities are terminated on the ground of bankruptcy, cancellation of license or other reasons, the expenses necessary for closedown of disposal facilities and safety monitoring shall be borne by the entities providing the financial security.

Chapter IV Supervision and administration

Article 28 The environmental protection authorities and other relevant authorities of the people's governments above county level shall conduct supervision and examination on the safety of the treatment, storage and disposal of the radioactive wastes and other activities pursuant to the Law of the People's Republic of China on Radioactive Pollution Prevention and Control and the Regulations.

Article 29 The environmental protection authorities and other relevant authorities of the people's governments above county level shall have the right to take following measures upon carrying out the supervision and examination:
1. To conduct personal investigation on the legal representative and other persons of the entities examined to know the actual circumstances;
2. To conduct field monitoring, examination or verification by access to the entities examined;
3. Consult and copy relevant documents, records and other relevant materials;
4. Request the entities examined to submit relevant explanations or follow-up treatment reports.
The entities examined shall render cooperation, reporting the circumstances accurately or providing the necessary materials, and shall not refuse or reject to do so.
The environmental protection authorities and other relevant authorities of the people's governments above county level shall present identity certificates and keep in confidentiality of the technical secret and business secrets of the entities examined, upon carrying out the supervision and examination in accordance with law.

Article 30 The nuclear facility operators, the nuclear technology utilization entities and radioactive solid waste storage and disposal entities shall, based on the degree of the hazard of the radioactive wastes, establish and optimize corresponding level of safety security system, take corresponding technical prevention measures and personnel protection measures, and carry out radioactive waste pollution accident emergency drill.

Article 31 The nuclear facility operators, the nuclear technology utilization entities and radioactive solid waste storage and disposal entities shall provide nuclear and radiation safety knowledge and operating technique training for the staff directly involved in the treatment, storage and disposal of the radioactive wastes and carry out examination and only those staff qualifying the examination may engage in their respective post.

Article 32 The nuclear facility operators, the nuclear technology utilization entities and radioactive solid waste storage and disposal entities shall report the information about the generation, discharge, treatment, storage, clearance and delivery for disposal of the radioactive wastes in a regular and accurate manner pursuant to the provisions of the environmental protection department of the State Council.
The radioactive solid waste disposal entities shall, prior to March 31 of each year, report to the environmental protection department and nuclear industry administration department of the State Council the information about the receipt, disposal of radioactive solid wastes and operation of facilities in the last year accurately.

Article 33 The waste radioactive sources and other radioactive solid wastes are prohibited to be delivered to the entities without relevant licenses for storage, disposal, or are prohibited to be disposed without approval.
It is prohibited to carry out storage or disposal of radioactive solid wastes without licenses or beyond the types, scale, scope and term of activities as set forth in the licenses.

Article 34 It is prohibited to import the radioactive wastes or the articles with radioactive pollution to the territory of the People's Republic of China or be transferred via the territory of the People's Republic of China. The detailed measures will be enacted by the environmental protection department of the State Council together with the commercial department, general administration of customs, and general administration of quality supervision, inspection and quarantine of the State Council.

Chapter V Legal liabilities

Article 35 Where an authority responsible for the safety supervision and administration of the radioactive wastes or its staff violate these Regulations and has any one of following circumstance, penalties shall be imposed on the directly responsible persons in-charge and other directly responsible persons; if the directly responsible persons in-charge and other directly responsible persons commit crimes, then criminal liabilities shall be investigated:
1. Issue the license for storage and disposal of radioactive solid wastes in violation of these Regulations;
2. Approve the site selection or construction of the disposal facilities not satisfying the site selection planning or site technical guidelines and standards for site selection, in violation of these Regulations;
3. Fail to investigate any activities in violation of these Regulations;
4. Seek, receive properties or seek other interests in the process of handling the licenses for storage or disposal of radioactive solid wastes or implementing the supervision and examination;
5. Other activities committing illegalities for personal gains, misuse of authority or dereliction of duties.

Article 36 Where a nuclear facility operator or nuclear technology application entity violates these Regulations and is under any one of following circumstances, the environmental protection authority responsible for approving the project environmental impact evaluation documents of such entities (hereinafter referred to as the "Competent Authority") shall order such entities to stop such violations and to make corrections in the statutory period; if such entities fails to make corrections in the statutory period, the Competent Authority may designate relevant entities holding relevant licenses to carry out the storage or disposal on behalf of the violating entities, with all costs and expenses thus incurred to be borne by the violating entities, and the Competent Authority may impose a fine of less than RMB200, 000; in the event of a crime is constituted, the criminal liabilities shall be investigated:
1. The nuclear operator fails to deliver the generated waste radioactive sources for storage and disposal, or fails to deliver other generated radioactive solid wastes for disposal, in accordance with the law;
2. The nuclear technology application entity fails to deliver the generated waste radioactive sources or other generated radioactive solid wastes for storage and disposal in accordance with the law;

Article 37 Where an entity violates these Regulations and is under any one of following circumstances, the environmental protection authority of the people's government above county level shall order such entity to stop such violations and to make corrections in the statutory period, and impose a fine of more than RMB100,000 and less than RMB200,000 on such entity; if any environmental pollution is caused, the Competent Authority shall order the violating entity to take curing measures to remove the pollution, and if such entity fails to take the curing measures in the statutory period or after summon exhortation, the Competent Authority may designate relevant entities holding relevant licenses to carry out the storage or disposal on behalf of the violating entities, with all costs and expenses thus incurred to be borne by the violating entities; in the event that crimes are constituted, the criminal liabilities shall be investigated:
1. The nuclear facility operator delivers the waste radioactive sources and other radioactive solid wastes are prohibited to be delivered to the entities without relevant licenses for storage, disposal, or dispose of such wastes without approval;
2. The nuclear technology application entity delivers the waste radioactive sources or other radioactive solid wastes to the entities without the relevant licenses for storage and disposal, or dispose of such wastes without approval;
3. The radioactive solid waste storage entity delivers the waste radioactive sources or other radioactive solid wastes to the entities without the relevant licenses for disposal, or dispose of such wastes without approval.

Article 38 Where an entity violates these Regulations and is under any one of following circumstances, the environmental protection authority of the people's government above county level shall order such entity to stop production or cancel the licenses of such entity, and confiscate any illegal gains if any; and impose a fine in the amount of more than 1 time but less than 5 times of the illegal gains if the illegal gains are more than RMB100,000, or a fine in the amount of more than RMB50,000 but less than RMB100,000 if there is no illegal gains or the illegal gains are less than RMB100,000; if any environmental pollution is caused, the Competent Authority shall order the violating entity to take curing measures to remove the pollution, and if such entity fails to take the curing measures in the statutory period or after summon exhortation, the Competent Authority may designate relevant entities holding relevant licenses to carry out the storage or disposal on behalf of the violating entities, with all costs and expenses thus incurred to be borne by the violating entities; in the event that crimes are constituted, the criminal liabilities shall be investigated:
1. Carry out the storage and disposal activities of waste radioactive sources or other radioactive solid wastes without license;
2. The radioactive solid waste storage or disposal entities fail to carry out the storage or disposal of the waste radioactive sources or other radioactive solid wastes as per the types of activities, scope, scale, and term as set forth in the license;
3. The radioactive solid waste storage or disposal entities fail to store or dispose of the waste radioactive sources or other radioactive solid wastes in accordance with the relevant national radioactive pollution protection and control standards and the provisions of the environmental protection department of the State Council.

Article 39 Where a radioactive solid waste storage or disposal entity fails to make records as required or fails to make records in an accurate manner, the environmental protection authority of the people's government above provincial level shall order such entity to make corrections in a statutory period and impose a fine of more than RMB10,000 but less than RMB50,000 on such entity; if such entity fails to make corrections in the statutory period, a fine of more than RMB50,000 but less than RMB100,000 shall be imposed.

Article 40 Where a nuclear facility operator, nuclear technology application entity or radioactive solid waste storage or disposal entity fails to report relevant information accurately as required in Article 32 of these Regulations, the environmental protection authority of the people's government above county level shall order such entity to make corrections in a statutory period and impose a fine of more than RMB10,000 but less than RMB50,000 on such entity; if such entity fails to make corrections in the statutory period, a fine of more than RMB50,000 but less than RMB100,000 shall be imposed.

Article 41 Where an entity violates the provisions of the Regulations, and refuses or impedes the supervision and examination carried out by the environmental protection authority or other relevant authorities, or practices fraud upon accepting the supervision and examination, the supervision and examination authority shall order such entity to make corrections in a statutory period and impose a fine of less than RMB20,000; if such entity constitutes a violation of the security administration, the public security authority shall impose relevant penalties under the security administration rules; and if crimes are constituted, criminal liabilities shall be investigated.

Article 42 Where a nuclear facility operator, nuclear technology application entity or radioactive solid waste storage or disposal entity fails to provide technical training and examination for relevant staff as required, the environmental protection authority of the people's government above county level shall order such entity to make corrections in a statutory period and impose a fine of more than RMB10,000 but less than RMB50,000 on such entity; if such entity fails to make corrections in the statutory period, a fine of more than RMB50,000 but less than RMB100,000 shall be imposed.

Article 43 Where an entity violates these Regulations and imports radioactive wastes or articles with radioactive pollution to the territory of the People's Republic of China, or transfers radioactive wastes or articles with radioactive pollution through the territory of the People's Republic of China, a fine of more than RMB500, 000 but less than RMB1, 000,000 shall be imposed; and if crimes are constituted, the criminal liabilities shall be investigated.

Chapter VI Supplementary provisions

Article 44 The safety administration of the radioactive wastes generated by the military facilities and equipment shall be subject to the provisions of Article 60 of the Law of the People's Republic of China on Radioactive Pollution Protection and Control.

Article 45 The safety administration of the radioactive wastes transportation, the emergency treatment of the pollution accidents caused by radioactive wastes, and the occupational disease prevention and curing caused for the reason of the exposure of the laborers to the radioactive wastes during the work shall be subject to the provisions of relevant laws, regulations and provisions.

Article 46 These Regulations shall come into effect as of March 1, 2012.