July 11, 2011 No. 190-FZ
RUSSIAN FEDERATION
FEDERAL LAW
ON MANAGEMENT OF RADIOACTIVE WASTE AND AMENDMENT OF SOME ACTS OF LAW OF THE RUSSIAN FEDERATION
Adopted by
the State Duma
on the 29th of June, 2011
Approved by
the FederalAssembly
on the 6th of July, 2011
Chapter 1. GENERAL PROVISIONS
Article 1. Sphere of application of this Federal Law
- This Federal Law regulates relations in the sphere of radioactive wastemanagement.
- The provisions of this Federal Law are not applicable to relations in the sphere of spent nuclear fuelmanagement.
Article 2. Legal regulation of relations in the sphere of management of radioactive waste
1. Relations in the sphere of radioactive waste management are regulated by this Federal Law, the FederalLawof November 21, 1995 No. 170-FZ “On the use of atomic energy”, the FederalLawof January 9, 1996 No. 3-FZ “On the radiological safety of the public”,the FederalLawof March 30, 1999 No. 52-FZ “On sanitary and epidemiologic well-being of the public”, the FederalLawof January 10, 2002 No. 7-FZ “On the protection of the environment”, theLawof the Russian Federation ofFebruary 21, 1992 No. 2395-1 “On the subsoil”, the FederalLawof December 1, 2007 No. 317-FZ“On the State Corporation for Atomic Energy ‘Rosatom’”, the WaterCodeof the Russian Federation,and other federal laws, as well as laws of constituent entities of the Russian Federation.
2. Pursuant to this Federal Law and to other federal laws, the President of the Russian Federation, the Government of the Russian Federation, federal executive authorities and organisations administering legal regulation in the sphere of nuclear energy are entitled to adopt regulatory legal acts regulating relations in the sphere of radioactive waste management.
3. If an international agreement signed by the Russian Federation establishes radioactive waste management rules different from those set by this Federal Law, the rules in the international agreement shall apply.
Article 3. Basic concepts used in this Federal Law
1. The following basic concepts are used in this Federal Law:
1) accumulated radioactive waste – radioactive waste generated before entry into force of this Federal Law and included in radioactive waste register in keeping withthe procedure established bythis Federal Law;
2) management of radioactive waste – activities on collection, sorting, processing, conditioning, transportation, storage, and disposal of radioactive waste;
3) spent sealed radiation source – a sourceof ionizing radiation not intended for furtheruse and by design preventingthe radioactive material it contains from escapingin the environment;
4) criteria for accepting radioactive waste for disposal (referred to as ‘acceptance criteria’ hereinafter) – binding requirements for the physical and chemical properties of radioactive waste and packages of radioactive waste, set by this Federal Law for the purpose of safe disposal of radioactive waste;
5) processing of radioactive waste –operational activities intended toalter the physical form, aggregate state and (or) physical and chemical properties of radioactive wastewith the aim of its subsequent conditioning;
6) conditioning of radioactive waste – operational activitiesmeant to bring radioactive waste into a physical form and condition suitable for disposal and meeting acceptance criteria;
7) interim storage of radioactive waste –storageof radioactive waste that has not been brought in compliance with waste acceptance criteria;
8) disposal of radioactive waste (also referred to as ‘disposal’ hereinafter) – safe placement of radioactive waste at waste disposal facility withoutintention of itssubsequent retrieval;
9) barrier to provide safety of the public and the environment (referred to as ‘safety barrier’ hereinafter)– a radioactive waste package, an engineered feature in waste storage facility, and their components, or a natural geological component preventing spread of radionuclides and (or) ionizing radiation in the environment;
10) long-term storage facility for radioactive waste –storage facilityfor radioactive waste with a design service life but without established decommissioning process and activities;
11) interim storage facility for radioactive waste – storagefacility for retrievable radioactive waste with a design service life and with established decommissioning process and activities;
12) disposal facility for radioactive waste – storage facility forradioactive waste, intended for housing radioactive waste without intention of itssubsequent retrieval, and ensuring radiological safety of personnel working at this facility, the public and the environment,for the entire period during which the waste will retain itspotential hazard;
13) near-surface disposal facility for radioactive waste – facility for disposal of radioactive waste, incorporating a facility located level with ground surface or placed at a depth of no more than one hundred meters under the ground surface;
14) deep geological disposal facility for radioactive waste – facility for disposal of radioactive waste, incorporating a facility located level with ground surface or placed at a depth of more than one hundred meters under the ground surface;
15) facility for keeping special radioactive waste– a natural site or human-made facility for keeping special radioactive waste not isolated from the environment, or site /facility accommodating radioactive waste for which time of its isolation from the environment has not been established;
16) isolation facility forspecial radioactive waste – a natural site or human-made facility accommodating special radioactive waste and having safety barriers isolating the waste from the environment during the design service life of this facility;
17) decommissioning of storage facility for radioactive waste – the activity carried after radioactive waste removal from storage facility with the aim of bringing the facility in a condition excluding its further use for storage of radioactive waste and ensuring safety of the public and the environment;
18) closure of disposal facility for radioactive waste – the activity to bring disposal facility ina condition ensuring safety of the public and the environmentfor the period during which the waste contained in it will retain its potential hazard, undertaken after completion of operational activitieson puttingthe waste in this facility;
19) conversion of facility for keeping special radioactive waste into isolation facility for special radioactive waste– change in status of storage facility for radioactive wasteafter facility for keeping special radioactive waste is furnished with all design safety barriers;
20) conversion of isolation facility forspecial radioactive waste into disposal facility for radioactive waste –change in status of isolation facility forspecial radioactive waste allowed if this facility has safety barriers isolating itsradioactive waste from the environment for the period during which the waste will retain its potential hazard;
21) period of potential hazard of radioactive waste–period of time in which the activity of radioactive waste falls to the levels not requiring radiological monitoring;
22) dedicated radioactive waste management organisation (referred to as ‘dedicated organisation’ hereinafter) – a juridical entity implementing activities and rendering services on collection, sorting, processing, conditioning, transportation,and storage of radioactive waste; operation, decommissioning,or closure of waste storage facilities;
23) National Operator on radioactive waste management (also referred to as ‘National Operator’ hereinafter) – a juridical entityauthorized by this Federal Law to carry out activities on the disposal of radioactive waste as well as other types of activities related to radioactive wastemanagement;
24) radioactive wasteregister – a systematized compilation of documented information about the radioactive waste, obtained as a result of initial inventory of radioactive waste and its locations, and about the radioactive waste handed to National Operator;
25) cadastre of storage facilities for radioactive waste – a systematized compilation of documented information about storage facilities for radioactive waste, owners on these facilities, and about the waste placed in these facilities;
26) special reserve fund of state agency for management of radioactive waste(referred to as ‘special reserve fund’ hereinafter) – a fund to cover the waste disposal costs incurred by the organisation implementing powers and functions of the state agency for management of radioactive waste.
2. The concept of “radioactive waste” is used in the interpretation given in Article 3of the Federal Law of November 21, 1995 No. 170-FZ “On the use of atomic energy”. Within the context of this Federal Law, the materials that have high content of natural radionuclides and have been produced as a result of non-nuclear mining and processing activities with mineral and organic raw materials havinghigh content of natural radionuclides, may also be regarded as radioactivewaste if these materials are not to be used further.
3. The concept of “storage facility for radioactive waste, radioactive waste store” (referred to as storage facility for radioactive waste hereinafter) is used in the interpretation given in Article 3 of the Federal Law of November 21, 1995 No. 170-FZ “On the use of atomic energy”.Within the context of this Federal Law, storage facilities for radioactive waste include also facilities for keepingspecial radioactive waste and isolation facilities for special radioactive waste.
Article 4. Categorisation of radioactive waste
1. Within the context of this Federal Law, the radioactive waste isgrouped into:
1) retrievable radioactive waste – radioactive waste for which radiological and other risks, as well as cost of its removal from storage facilities and subsequent management, including disposal, do not exceed risks and costs of itsin-situ disposal;
2) special (non-retrievable) radioactive waste – radioactive waste for which radiological and other risks, as well as cost of its removal from storage facility and subsequent management, including disposal, exceed risks and costs of itsin-situ disposal;
2. Criteriafor categorising radioactive waste as special radioactive waste or retrievable radioactive waste are set by Russian FederationGovernment.
3. In the context of disposal, retrievable radioactive waste is categorised based on the following characteristics:
1) basedonthe half-life of radionuclides present in radioactive waste: long-lived radioactive waste; short-lived radioactive waste;
2) based on specific activity: high-level waste; intermediate-level waste; low-level waste; very low-level waste;
3) based on the aggregate state: liquid radioactive waste; solid radioactive waste; gaseous radioactive waste;
4) based on nuclear material inventory: radioactive waste containing nuclear material; radioactive waste not containing nuclear material;
5) spent sealed radiationsources;
6) radioactive waste resulting from mining and processing of uranium ore;
7) radioactive waste produced as a result of non-nuclear mining and processing activities with mineral and organic raw materials with high content of natural radionuclides.
4. Categorisationcriteriafor retrievable radioactive waste are set by Russian FederationGovernmentconsideringoperational aspects of waste management.
5. Criteria for categorisingsolid, liquid and gaseous waste as radioactive waste are set by Russian FederationGovernment.
Article 5. Powers of Russian Federation Government in the sphere of radioactive wastemanagement
Russian FederationGovernment has the following powers in the sphere of radioactive wastemanagement:
1) appoints National Operator,as advised by thestate agency for management of radioactive waste;
2) makes decisions concerning design, siting, construction, operation, decommissioning or closure of storage facilities having a federal or cross-regional status;
3) as advised by the state agency for management of radioactive waste, qualifies storage facilities for radioactive waste as disposal facilities for radioactive waste, long-term storage facilities for radioactive waste, facilities for keeping special radioactive waste, orisolation facilities for special radioactive waste;
4) establishes process for the state regulation of waste disposal rates (tariffs), including the basic pricing principles and the state regulation and supervisionrules; identifies federal executive authority entitled to set such rates;
5)establishesprocessfor waste handover to National Operator, including the waste generated in the course of activities associated with the development, manufacture, testing, operation and decommissioning of nuclear weapons and military nuclear energy installations;
6) looks afterfulfilment of Russian Federation obligations under international agreements and coordinates international cooperation in the sphere of waste management;
7) establishescriteria for categorising solid, liquid and gaseous waste as radioactive waste;criteria forcategorising radioactive waste as special radioactive waste or retrievable radioactive waste, andcategorisation criteria for retrievable radioactive waste;
8) exercises other authorities established by the law of the Russian Federation.
Article 6. Powers of federal executive authorities in the sphere of radioactive wastemanagement
Federal executive authorities exercise the following powers in the sphere of radioactive wastemanagement:
1) ensuresafe management of radioactive waste;
2) organise provision of physical protectionforwaste storage facilities;
3) other powers established by the law of the Russian Federation.
Article 7. Powers of state authorities of constituent entities of the Russian Federation andpowers oflocal administration bodies in the sphere of radioactive wastemanagement
1. State authorities of constituent entities of the Russian Federation exercise the following powers in the sphere of radioactive wastemanagement:
1) concur decisions related to siting and construction of waste storage facilities in their territory, in keeping with the procedure established by the City DevelopmentCodeof the Russian Federation and the FederalLawof November 21, 1995 No. 170-FZ“On the use of atomic energy”;
2) other powers in the sphere of radioactive wastemanagement as established by the law of the Russian Federation.
2. Local administration bodies exercise the following powers in the sphere of radioactive wastemanagement:
1) participate in decision-making on siting of waste storage facilities in their territory, in keeping with the procedure established inChapter 3of City Development Code of the Russian Federation and the Federal Law of November 21, 1995 No. 170-FZ “On the use of atomic energy”;
2) other powers in the sphere of radioactive waste management as established by the law of the Russian Federation.
Article 8. Federal rules and regulations regulating radioactive wastemanagement
1. Federal rules and regulationsregulating radioactive wastemanagement(also referred to as ‘federal rules and regulations’ hereinafter) establish requirements forthe safe management of radioactive waste, including:
1)waste acceptance criteria for disposal;
2)requirements for interim storage of radioactive waste;
3)safety requirements for siting, construction, operation, decommissioning and closure of waste storage facilities;
4)requirements for waste description documents (“passports”);
5)requirements for collection, transportation, storage and disposal of spent sealed radiationsources;
6)categories of facilities for keepingspecial radioactive waste and isolation facilities for special radioactive waste;
7)safety requirements for facilities for keeping special radioactive waste and isolation facilities for special radioactive waste, in particular, considering the specific features of storage facilities;
8)process for disposal of radioactive waste;
9)requirements for protecting the public and the environment against the radiological risks of radioactive waste in all stages of radioactive waste management;
10)requirements for design ofwaste management facilities, from the viewpoint of system assessment of their safety and assessment of outcome of such design work;
11)requirements for reporting events related to radioactive waste managementby the organisations performing management of radioactive waste;
12)requirements for the content and submission procedure of decommissioning plans for waste management facilities;
13)requirements for the content and submission procedure of plans for closure of disposal facilities for radioactive waste.
2. Federal rules and regulations regulating radioactive waste managementshall be developed, approved and put in effect in keeping with the procedure established by the FederalLawof November 21, 1995 No. 170-FZ“On the use of atomic energy” and by the provisions of this Federal Law.
Article 9. Ownership of radioactive waste and its storage facilities
1.The radioactive waste containing nuclear material that may be exclusively in federal ownership, and other radioactive waste produced before entry into force of this Federal Law are federal property. The radioactive waste produced after entry into force of this Federal Law (except for the radioactive waste containing nuclear material that may be exclusively in federal ownership) is in the ownership of waste producer.
2. Disposal facilities may be in federal ownershipor in ownership of the State Corporation for Atomic Energy ‘Rosatom’.
3. Long-term storage facilities, interim storage facilities, facilities for keepingspecial radioactive waste and isolation facilities for special radioactive waste may be in federal ownershipor in ownership of juridical entities.
4.Assets of storage facility as property complex include any assets required to provide safe functioning of this storage facility, including theland plot; buildings; facilities; equipment; the right to use thesubsoil plot; water bodies, and other natural entities.
5. Owners of radioactive waste and owners of storage facilities must ensure safe management of radioactive waste; safe operation, decommissioning and closure of storage facilities.
Chapter 2. UNIFIED STATE SYSTEM FOR MANAGEMENT OF RADIOACTIVE WASTE
Article 10. Purpose, principles and structure of unified state system for management of radioactive waste
1. Unified state system for management of radioactive waste is established with the aim of organising and ensuring safe and cost effective management of radioactive waste, including disposal.
2. Unified state system for management of radioactive waste is a totality of entitiescarrying out activities in the sphere of radioactive wastemanagement;componentsof waste management infrastructure, and radwaste management requirements established by this Federal Law and by other regulatory legal acts of the Russian Federation.
3. The basic functioningprinciples of unified state system for management of radioactive waste are:
1) absolute priority of the protection of life and health of current and future generations of people, and of the environment,againstthe harmful impactof radioactive waste;
2) prohibition to import in the Russian Federation and export from the Russian Federation radioactive waste for the purpose of its storage, processing and disposal, except for the cases specified inArticle 31of this Federal Law;
3) responsibility of radioactive waste producers for the provision of safe management of radioactive waste up to the time of waste handover to National Operator;
4) financial provision of waste management activities, including disposal, out of funds ofthe producers of this waste;
5) due regard for the interdependency of waste generation and management stages;
6) accessibility for individuals and public associations of information related to safety assurance and prevention of accidents in radioactive waste management, as well as other information on wastemanagement, provided that such information does not contain a state secret.