regulatory framework for contaminated land on nuclear and other radioactively contaminated sites

30 September 2008 BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

1

Regulatory Framework for Contaminated Land on Nuclear and Other Radioactively

Contaminated Sites

Marion D Hill


2

Types of Site

Nuclear sites• nuclear licensed sites (civil and defence)• associated land• non-licensed defence nuclear sites

Other sites• civil and defence• current use and for development


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Nuclear Sites – Radioactive Contamination

Principal regulatory regimes• Health and Safety at Work etc Act and Nuclear

Installations Act• (Radioactive Substances Act – waste disposal)

Principal regulators• HSE (NII and OCNS)• (EA and SEPA for waste disposal) • DNSR for MoD

Main regulatory guidance• HSE Safety Assessment Principles for Nuclear Facilities


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SAPs Definition of “Radioactively Contaminated Land”

• “land containing radioactive contamination that would preclude HSE giving notice in writing that in its opinion there ceases/has ceased to be any danger from ionising radiations on the site or part of the site”

• in effect, any land that would present a risk of death to an individual from radiation exposure of more than one in a million per year, in any future use of the land


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HSE Principles for Managing Radioactively Contaminated Land

SAPs for radioactively contaminated land cover:• preparation of a management strategy• detection of contamination on or adjacent to the site• identifying and controlling the source of contamination• characterisation of contaminated areas• monitoring and surveillance• remediation• record keeping


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Safety Cases and Enforcement

Safety cases• for all radioactively contaminated land• compatible with land management strategies• review existing safety cases for plant when new

contaminated areas are discovered• detail should reflect extent and nature of contamination,

harm it could cause, how much it could spread

Enforcement• HSE powers derive from conditions attached to nuclear

site licences


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Delicensing

• need to show risk less than 1 in a million (10-6)• need to show no other inexpensive remediation method

available (for ALARP)• take into account contamination in soils, rocks, surface

water, groundwater, structures to be left in place• consider range of exposure pathways wide enough to

cover all future uses of land• if use IAEA clearance levels, also make sure future

users of land will not become subject to Radioactive Substances Act if they generate wastes


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Nuclear Sites – Non-Radioactive Contamination

Current use• “special sites” under Part 2A• regulated by environment agencies• see Statutory Guidance for Part 2A (separate for

England, Scotland and Wales)

New uses after delicensing• planning regime• local authorities regulate development• guidance in PPS23 (England), PAN33 (Scotland),

WLGA, WAG and EA guide (Wales)


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Nuclear Sites – Mixed Contamination

• regimes for both radioactive and non-radioactive contamination apply

• HSE and environment agencies decide how to fulfil their responsibilities, using their Memoranda of Understanding as a basis

• nuclear safety takes precedence


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Other Sites – Radioactive Contamination on Land in its Current Use

• Part 2A applies in England, Scotland and Wales• Northern Ireland has separate regulations• “radioactive contaminated land” if individual dose from

“lasting exposure” more than 3mSv/year (and in Scotland if dose rates to animals and plants are above specified levels)

• environment agencies regulate (“special sites”)• land contaminated by nuclear and radiological accidents

included, but not in immediate aftermath of accident


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Other Sites – Radioactive Contamination on Land for Development

• planning regime• “radioactive contamination” generally taken to mean

activity levels above the ubiquitous natural and artificial background typical of the area in which the site is located

• only specific regulatory framework is for radioactive wastes (Radioactive Substances Act)

• Health Protection Agency advice:– no remediation if risk in new use below 10-6

– remediate if risk above 10-5 – between levels assess options for remediation


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Possible Future Developments

• revision of the definitions of “radioactive materials” and “radioactive wastes”– via Defra and devolved administrations review of

Exemption Orders under Radioactive Substances Act– if based on risk of 10-6, then could have consistent

definitions of “radioactively contaminated land”, “radioactive materials” and “radioactive wastes”

– would simplify HSE delicensing guidance and enable better guidance to be produced for other sites

• further HPA advice

regulatory framework for contaminated land on nuclear and other radioactively contaminated sites

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