Guidance: LC34 Leakage and escape of radioactive material and radioactive waste
Site Inspection and Enforcement
T/INS/034 - Issue 1
1. Purpose and scope
1.1 The purpose of this guidance is to facilitate a consistent approach to LC 34 compliance inspection and to provide assistance to inspectors while carrying out their duties in this area. The guidance should not be regarded as either comprehensive or mandatory.
1.2 The guidance does not indicate when or to what extent these compliance inspections should be made as these matters are covered in individual inspector's inspection programmes.
1.3 The guidance provided is split into four main elements:
1) Purpose of the Licence Condition
2) Guidance on arrangements for LC 34.
3) Guidance on inspection of arrangements.
4) Guidance on inspection of implementation of arrangements.
1.4 This guidance should be read in conjunction with T/AST/024 - Management of Radioactive Materials and Radioactive Waste on Nuclear Licensed Sites. All Site Inspectors should be familiar with the general introductory material and those at sites with significant radioactive waste issues should be familiar with the whole document.
2. Licence Condition
Licence Condition 34: Leakage and escape of radioactive material and radioactive waste
34(1) The Licensee shall ensure, as far as is reasonably practicable, that radioactive material and radioactive waste on the site is at all times adequately controlled or contained so that it cannot leak or otherwise escape from such control or containment.
34(2) Notwithstanding paragraph (1) of this condition the Licensee shall ensure, so far as is reasonably practicable, that no such leak or escape of radioactive material or radioactive waste can occur without being detected, and that any such leak or escape is then notified, recorded, investigated and reported in accordance with arrangements made under Condition 7.
34(3) Nothing in this condition shall apply to discharges or releases of radioactive waste in accordance with an approved operating rule or with disposal authorisation granted under the Radioactive Substances Act 1960, or as the case may be the Radioactive Substances Act 1993.
3. Purpose of Licence Condition 34.
3.1 The purpose of this condition is to ensure that radioactive material and radioactive waste on the site is adequately controlled or contained so as to prevent leaks or escapes and that any leak or escape can be detected and reported.
3.2 This condition relates to the potential hazard associated with radioactive material and not to the risk. Consequently it will apply even when there is no immediate effect on safety.
3.3 Nuclear Licensed sites are exempt from registration under the Radioactive Substances Act (1993) in respect of the keeping and use of radioactive materials of any description (including radioactive waste). In recognition of this exemption, this licence condition, and LCs 32 and 33 are intended to ensure that an "equivalent regime" exists on licensed sites. Inspectors should note that nuclear matter can only be identified and declared as radioactive waste by its owners who may not be the licensee for the site on which the waste is situated.
3.4 Inspectors are also reminded that on matters concerning radioactive waste the site licence is administered in conjunction with the Environment Agencies (EA & SEPA) in accordance with Memoranda of Understanding which exist to provide aframework for inter-regulatory liaison.
4. Guidance on procedures for LC 34.
4.1 The following list of elements of procedures provide NSD's views on what the Licensee's procedures might be expected to contain to comply with the LC. The list is neither exclusive nor exhaustive and will be subject to review and revision in light of operational experience. If licensees have generic model(s) for procedures then it is for the site to justify any deviation from the model(s). [note: not all licensees use generic models].
4.2 Procedures should be provided to comply with LC 34.
4.3 Procedures shall address the licence condition requirements.
4.4 The procedures can be defined as a single document or suite of linked documents that provide the procedures and instructions to ensure that the rate of production and total quantity of accumulated radioactive waste is minimised. Since a site is, due to accumulation, a waste storage facility, the procedures should note that there is recognition that after the cessation of the site process, there will remain a significant risk from stored waste until disposal is implemented.
4.5 The procedures should identify the person who has responsibility for reporting non-compliance to the Executive.
4.6 Procedures should identify the person responsible for ensuring compliance with this condition.
4.7 The procedures should recognise that radioactive material and radioactive waste are also regulated under other conditions of the licence, eg storage and accumulation is regulated under LC4 and 32, control and supervision under LC26 etc. The procedures should therefore be consistent with these other licence conditions.
4.8 The procedures should address the following particular points, or require them to be addressed, in the arrangements or procedures for other conditions as appropriate:
1) safety cases for the treatment, processing, keeping, storing, accumulating and carriage of all radioactive material and radioactive waste should be established. The safety cases should identify the possible routes for leakage and escape with relevant source terms and demonstrate as far as is reasonably practicable that adequate steps have been taken to prevent leakage and escape;
2) the means by which the location of radioactive material and radioactive waste is known at all times;
3) the engineering and administrative principles that are used to ensure that radioactive material and radioactive waste cannot leak or escape;
4) the means by which containment facilities and leak detection systems are examined, inspected, maintained and tested, with appropriate reference to the arrangements made under LC28; and
5) the means by which leakage or escape of radioactive material or radioactive waste is detected, including leakage or escape from primary containments. Reference should be made in the procedures to direct means, such as installed instrumentation, and indirect means, such as the use of the taking of water samples from bore holes.
4.9 The procedures should ensure in the event of a leak or escape of radioactive material or waste that corrective measures are taken to prevent, as far as reasonably practicable, further release or escape.
4.10 In the event of such leak or escape the procedures should state that:
1) leakage or escape (such as an unplanned movement of radioactive material), even from a primary containment, is notified, recorded, investigated and reported in accordance with the arrangements made under LC7;
2) the leaked or escaped material is recovered, where reasonably practicable, and returned to safe storage; and
3) appropriate steps are made to return to normality by decontamination, maintenance or replacement of the failed facility or equipment.
5.Guidance on inspection of procedures for LC 34.
5.1 Part 5 of this guidance is to assist inspectors in judging the adequacy of the licensee's procedures. The following list is neither exclusive or exhaustive and will be subject to review and revision in light of operational experience. It does however, provide a hit list of aspects of LC 34 that can be examined during routine inspections
5.2 Check that procedures have been made to demonstrate compliance with the LC.
5.3 Examine the procedures documentation layout and check that it is consistent. Review the arrangements to establish validity, whether any changes have been made since the last review and whether the identified responsible persons are correct. Note whether instructions, methods and quality assurance rules claimed in procedures have been followed and whether any changes have been correctly incorporated and validated.
5.4 Check that the procedures recognise that radioactive material and radioactive waste are also regulated under other licence conditions, eg storage and accumulation under LC4 and 32, control and supervision under LC 26 etc. Confirm that they are consistent with these other licence conditions.
5.5 Examine the procedures and check that they cover the aspects described in paragraph4.8 to 4.10.
6. Guidance on inspection of implementation of procedures for LC 34.
6.1 Part 6 of this guidance is to assist inspectors in judging the adequacy of the Licensee's implementation of their procedures i.e. is the licensee doing what their procedures say they should be. The following list is neither exclusive or exhaustive and will be subject to review and revision in light of operational experience. It does however, provide a hit list of aspects of LC 34 that can be examined during routine inspections.
6.2 Check whether the compliance procedures have identified the person responsible for compliance with this licence condition. Discuss any shortcomings with the responsible person and/or site management as necessary.
6.3 Note that radioactive matter, including radioactive material and radioactive waste, is stored on site under the arrangements made for LCs 4 and 32 and therefore a suitable means of identifying the location of such matter should exist.
6.4 Check that a suitable system is established and maintained that identifies and lists those Operating Rules and Instructions as well as Disposal authorisations affecting the discharging or releasing of radioactive waste.
6.5 Check the local logs and records and establish that they do not refer to any changes in levels, gas evolution, pressure, temperature or any other measured parameter that cannot be explained by the normal addition or disposal of radioactive waste.
6.6 Carry out an inspection of the radioactive waste storage facilities looking for any sign of leakage or repairs. If any are found discuss with the person responsible for the area and ensure that the correct actions are taken as required by the procedures.
