Publication - Advice and guidance

The Radioactive Contaminated Land (Scotland) Amendment Regulations 2009: Statutory Guidance

Published: 26 Mar 2010
Part of:
Environment and climate change
ISBN:
9780755978773

Guidance document on the Radioactive Contaminated Land (Scotland) Amendment Regulations 2009

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50 page PDF

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Contents
The Radioactive Contaminated Land (Scotland) Amendment Regulations 2009: Statutory Guidance
ANNEX 4: Glossary of Terms

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ANNEX 4: Glossary of Terms

ABSORBED DOSE: has the same meaning as in TITLE I in Council Directive 96/29/Euratom of 13 th May 1996 and is the energy absorbed per unit mass and denotes the absorbed dose averaged over a tissue or an organ. The unit of absorbed dose is the gray.

APPROPRIATE PERSON: defined in section 78A(9) as:

"any person who is an appropriate person, determined in accordance with section 78F..., to bear responsibility for anything which is to be done by way of Remediation in any particular case.".

CONTAMINANT: a substance which is in, on or under the land and which has the potential to cause harm or to cause pollution of the water environment. Where contaminant is used it may be in reference to either radioactive or non-radioactive contaminants. To assist clarity a definition of "radioactive contaminant" has been introduced which is defined in this glossary.

CONTAMINATED LAND: defined in section 78A(2) as:

"any land which appears to the Local Authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that:

(a) significant harm is being caused or there is a significant possibility of such harm being caused, or;

(b) Significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused…".

EFFECTIVE DOSE: has the same meaning as in TITLE I in Council Directive 96/29/Euratom of 13 th May1996 and applies to the sum of the relevant doses from external exposures in the specified period and the 50-year committed doses (up to age 70 for children) from intakes in the same period. The unit of effective dose is the sievert.

ENFORCING AUTHORITY: defined in section 78A(9) as:

''(a) in relation to a Special site, the appropriate Agency;

(b) in relation to contaminated land other than a Special site, the Local Authority in whose area the land is situated.''.

EQUIVALENT DOSE: has the same meaning as in TITLE I in Council Directive 96/29/Euratom of 13 th May 1996 and is the absorbed dose in a tissue or organ weighted for the type and quality of radiation. The unit of equivalent dose is the sievert.

HARM: is defined in (the modified) section 78A(4) as:

"lasting exposure to any person resulting from the after-effects of a radiological emergency, past practice or past work activity.".

LAND: has the same meaning as in Schedule 1 of the Interpretation Act 1978.

LOCAL AUTHORITY: defined in section 78A(9) as meaning any Scottish local authority.

PATHWAY: is one or more routes or means by, or through, which a receptor:

(a) is being exposed to, or affected by, a contaminant, or

(b) could be so exposed or affected. Paragraph A.16.

POLLUTANT: a radioactive contaminant which forms part of a pollutant linkage. Paragraph A.19.

POLLUTANT LINKAGE: the relationship between a radioactive contaminant, a pathway and a receptor. Paragraph A.19.

RADIOACTIVE CONTAMINANT: a substance which is in, on or under the land and which has the potential to cause harm or to cause pollution of the water environment. Paragraph A.14. Radioactive contaminant is used only when the substance in, on or under the land is a radioactive substance, i.e. it meets the definition of substance as modified by the two sets of 2007 Regulations and by the Radioactive Contaminated Land (Scotland) Amendment Regulations 2009.

RADIOACTIVE CONTAMINATED LAND: is defined as:

"any land which appears to the appropriate Agency [ SEPA] to be in such a condition, by reason of substances in, on or under the land, that -

(a) significant harm is being caused or there is a significant possibility of such harm being caused; or

(b) significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused".

RADIOLOGICAL EMERGENCY: has the same meaning as that defined in Council Directive 96/29/Euratom of 13 th May 1996.

REASONABLE GROUNDS: is the set of conditions that SEPA must satisfy in order to justify inspecting land, namely that:

(a) a substance arising from a past practice, past work activity, or radiological emergency has been identified as present in, on or under the land; and

(b) Receptors have been identified in, on or under that land; and

(c) it is SEPA's opinion that it is possible that the identified contamination may cause lasting exposure giving rise to radiation doses exceeding those set out in Chapter A of this guidance.

RECEPTOR:

(a) human beings, or

(b) the water environment;

as defined in paragraph A.15.

REGISTER: the public register maintained by the Enforcing authority under section 78R of particulars relating to contaminated land.

REMEDIATION: defined in section 78A(7) as:

"(a) the doing of anything for the purpose of assessing the condition of -

(i) the contaminated land in question;

(ii) the water environment affected by that land; or

(iii) any land adjoining or adjacent to that land;

(b) the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or the water environment for the purpose -

(i) of preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any Significant pollution of the water environment, by reason of which the contaminated land is such land; or

(ii) of restoring the land or water environment to its former state; or

(c) the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or the water environment;

and cognate expressions shall be construed accordingly.''.

REMEDIATION ACTIONS: any individual thing which is being, or is to be, done by way of Remediation.

SEPA: the Scottish Environment Protection Agency.

SIGNIFICANT HARM: defined in section 78A(5). It means any harm which is determined to be significant in accordance with the statutory guidance in Chapter A.

SIGNIFICANT POLLUTANT LINKAGE: a pollutant linkage which forms the basis for a determination that a piece of land is contaminated land. Paragraph A.22.

SIGNIFICANT POLLUTION OF THE WATER ENVIRONMENT: defined in section 78A(5). It means any significant pollution of the water environment which is determined to be significant in accordance with the statutory guidance in Chapter A.

SIGNIFICANT POSSIBILITY OF SIGNIFICANT HARM: a possibility of significant harm being caused which, by virtue of section 78A(5), is determined to be significant in accordance with the statutory guidance in Chapter A.

SIGNIFICANT POSSIBILITY OF SIGNIFICANT POLLUTION OF THE WATER ENVIRONMENT: a possibility of significant pollution being caused which, by virtue of section 78A(5), is determined to be significant in accordance with the statutory guidance in Chapter A.

SPECIAL SITE: defined by section 78A(3) as:

"any contaminated land

(a) which has been designated as such a site by virtue of section 78BC(4), 78C(7) or 78D(6)...; and

(b) whose designation as such has not been terminated by the appropriate Agency under section 78Q(4)...".

SUBSTANCE: is defined in the Radioactive Contaminated Land (Scotland) Amendment Regulations 2009 as:

''"substance" means, whether in solid or liquid form or in the form of a gas or vapour, any substance containing radionuclides which have resulted from the after-effects of a radiological emergency or have been processed as part of a past practice or past work activity.''.

"substance" in relation to nuclear occurrences is defined in regulation 3 of the Radioactive Contaminated Land (Scotland) (Amendment) Regulations 2007, SI 2007 No. 3240

WATER ENVIRONMENT: has the same meaning as in section 3 of the Water Environment and Water Services (Scotland) Act 2003.