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Notes on regulatory regimes
This page gives further information on the UK regulatory regimes for radioactive contamination, non-radioactive contamination and mixed contamination on nuclear-licensed sites and defence sites. The principle regimes and their key features are listed by type of contamination and type of site.
- Jump to regimes for radioactive contaminated land
- Jump to regimes for non-radioactively contaminated land
- Jump to regimes for land with mixed contamination
Radioactively contaminated land
On nuclear-licensed sites:
Principal regime – NIA65
Guidance – HSE SAPs, HSE delicensing policy statement
Definitions – “radioactively contaminated land”, “remediation”
Key features of regime
- strategy required for management of “radioactively contaminated land”, to be developed by comparing management options on a range of factors, to be integrated with waste management and decommissioning strategies
- all nuclear site licence conditions apply but conditions 4, 14, 23, 25, 32, 34 are particularly important
- sources of contamination to be controlled
- contaminated areas to be characterised, controlled and “remediated”
- delicensing requires demonstration of “no danger”
- “remediate” to appropriate standards before constructing new facilities.
On defence nuclear sites:
- regime equivalent to that for nuclear-licensed sites (see above)
On defence non-nuclear sites, no change of land use to occur:
Principal regime – Part 2A
Guidance – Defra 01/2006, WAG 2006, EA 2006
Definitions – “radioactive contaminated land”, “intervention”
Key features of regime
- “intervention” to reduce radiation exposure must be justified (do more good than harm)
- “intervention” must be optimised (choose the option that will do the most good)
- consult stakeholders when assessing what is justified and optimised
- take into account social and financial costs when assessing what is justified and optimised
- quantitative decision-aiding methods (eg multi-attribute analysis) can be useful.
On defence non-nuclear sites, change of land use to occur:
Principal regime – Planning
Guidance – PPS 23, PAN33, WLGA 2006, EA 2002
Definitions – “land affected by radioactive contamination”, “land contaminated with radioactivity”
Key features of regime
- in general, no remediation required if land in new use would lead to individual risks below one in a million
- remediation likely to be required if individual risks in new use would be above one in one hundred thousand
- between these risk levels, and in complex situations, evaluate and compare land management options on a wide range of factors (technical, financial and social), including short-term and long-term impacts on people and the environment.
On other sites:
- as for defence sites (but RSA93 applies for radioactive wastes).
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Non-radioactively contaminated land
On any site where no change of land use proposed:
Principal regime – Part 2A
Guidance – Defra 01/2006, SE/2006/44, WAG 2006
Definitions – “contaminated land”, “remediation”
Key features of regime
- all “contaminated land” must be “remediated” if it is reasonable to do so, best practicable technique for “remediation” must be taken into account
- voluntary “remediation” is encouraged
- “standard of remediation” to be established for each “significant pollution linkage”
- environment agencies agree remedial measures and issue remediation notices if necessary
- “appropriate persons” bear remediation costs (usually current owner)
On any site where change of land use proposed:
Principal regime – Planning
Guidance – PPS 23, PAN33, WLGA 2006
Definitions – “land affected by contamination”
Key features of regime
- significant pollution linkages to be broken and no new ones created
- proposed developments must protect all relevant receptors to appropriate standards
- impact of remediation activities on workers, local residents and other off-site receptors to be considered when deciding on remedial measures
- achieve appropriate balance between short-term impacts (of remediation, construction etc) and long-term benefits of development (social, economic etc).
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Land with mixed contamination
All types of site:
- regimes for radioactive and non-radioactive contamination for type of site apply
- regime for radioactive contamination usually takes precedence.
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