1. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 1 Regulatory Framework for Contaminated Land on Nuclear and Other Radioactively Contaminated Sites Marion D Hill

2. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 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

3. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 3 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

4. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 4 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

5. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 5 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

6. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 6 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

7. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 7 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

8. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 8 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)

9. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 9 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

10. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 10 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

11. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 11 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

12. 30 September 2008BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination 12 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