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Requirement 49: Responsibilities for remediation of areas with residual radioactive material
The government shall ensure that provision is made for identifying those persons or organizations responsible for areas with residual radioactive material; for establishing and implementing remediation programmes and post-remediation control measures, if appropriate; and for putting in place an appropriate strategy for radioactive waste management.
  1. For the remediation of areas with residual radioactive material deriving from past activities or from a nuclear or radiological emergency (para. 5.1(a)), the government shall ensure that provision is made in the framework for protection and safety for:
    1. The identification of those persons or organizations responsible for the contamination of areas and those responsible for financing the remediation programme, and the determination of appropriate arrangements for alternative sources of funding if such persons or organizations are no longer present or are unable to meet their liabilities;
    2. The designation of persons or organizations responsible for planning, implementing and verifying the results of remedial actions;
    3. The establishment of any restrictions on the use of or access to the areas concerned before, during and, if necessary, after remediation;
    4. An appropriate system for maintaining, retrieval and amendment of records that cover the nature and the extent of contamination; the decisions made before, during and after remediation; and information on verification of the results of remedial actions, including the results of all monitoring programmes after completion of the remedial actions.
  2. The government shall ensure that a strategy for radioactive waste management is put in place to deal with any waste arising from the remedial actions and that provision for such a strategy is made in the framework for protection and safety.
  3. The persons or organizations responsible for the planning, implementation and verification of remedial actions shall, as appropriate, ensure that:
    1. A remedial action plan, supported by a safety assessment, is prepared and is submitted to the regulatory body or other relevant authority for approval.
    2. The remedial action plan is aimed at the timely and progressive reduction of the radiation risks and eventually, if possible, at the removal of restrictions on the use of or access to the area.
    3. Any additional doses received by members of the public as a result of the remedial actions are justified on the basis of the resulting net benefit, including consideration of the consequent reduction of the annual dose.
    4. In the choice of the optimized remediation option:
      1. Radiological impacts on people and the environment are considered together with non-radiological impacts on people and the environment, and with technical, societal and economic factors;
      2. The costs of the transport and management of radioactive waste, the radiation exposure of and health risks to the workers managing the radioactive waste, and any subsequent public exposure associated with its disposal are all taken into account.
    5. A mechanism for public information is in place and interested parties are involved in the planning, implementation and verification of the remedial actions, including any monitoring following remediation.
    6. A monitoring programme is established and implemented.
    7. A system for maintaining adequate records relating to the existing exposure situation and to actions taken for protection and safety is in place.
    8. Procedures are in place for reporting to the regulatory body or other relevant authority on any abnormal conditions relevant to protection and safety.
  4. The regulatory body, in accordance with para. 2.29, or other relevant authority shall take responsibility, in particular for:
    1. Review of the safety assessment submitted by the responsible person or organization, approval of the remedial action plan and of any subsequent changes to the remedial action plan, and granting of any necessary authorization;
    2. Establishment of criteria and methods for assessing safety;
    3. Review of work procedures, monitoring programmes and records;
    4. Review and approval of significant changes to procedures or equipment that may have radiological environmental impacts or that may alter the exposure conditions for workers taking remedial actions or for members of the public;
    5. Where necessary, establishment of regulatory requirements for control measures following remediation.
  5. The person or organization responsible for carrying out the remedial actions:
    1. Shall ensure that the work, including management of the radioactive waste arising, is conducted in accordance with the remedial action plan;
    2. Shall take responsibility for all aspects of protection and safety, including the conduct of a safety assessment;
    3. Shall monitor the area regularly during the remediation so as to verify levels of contamination, to verify compliance with the requirements for radioactive waste management, and to enable any unexpected levels of radiation to be detected and the remedial action plan to be modified accordingly, subject to approval by the regulatory body or other relevant authority;
    4. Shall perform a radiological survey after completion of remedial actions to demonstrate that the end point conditions, as established in the remedial action plan, have been met;
    5. Shall prepare and retain a final remediation report and shall submit a copy to the regulatory body or other relevant authority.
  6. After the remedial actions have been completed, the regulatory body or other relevant authority:
    1. Shall review, amend as necessary and formalize the type, extent and duration of any post-remediation control measures already identified in the remedial action plan, with due consideration of the residual radiation risks.
    2. Shall identify the person or organization responsible for any post-remediation control measures.
    3. Shall, where necessary, impose specific restrictions for the remediated area to control:
      1. Access by unauthorized persons;
      2. Removal of radioactive material or use of such material, including its use in commodities;
      3. Future use of the area, including the use of water resources and its use for the production of food or feed, and the consumption of food from the area.
    4. Shall periodically review conditions in the remediated area and, if appropriate, shall amend or remove any restrictions.
  7. The person or organization responsible for post-remediation control measures shall establish and maintain, for as long as required by the regulatory body or other relevant authority, an appropriate programme, including any necessary provision for monitoring, to verify the long term effectiveness of the completed remedial actions for areas in which controls are required after remediation.
  8. For those areas with long lasting residual radioactive material, in which the government has decided to allow habitation and the resumption of social and economic activities, the government, in consultation with interested parties, shall ensure that arrangements are in place, as necessary, for the continuing control of exposure with the aim of establishing conditions for sustainable living, including:
    1. Establishment of reference levels for protection and safety that are consistent with day to day life;
    2. Establishment of an infrastructure to support continuing ‘self-help protective actions’ in the affected areas, such as by the provision of information and advice, and by monitoring.
  9. The conditions prevailing after the completion of remedial actions, if the regulatory body or other relevant authority has imposed no restrictions or controls, shall be considered to constitute the background conditions for any new facilities and activities or for habitation on the land.