Proposed low level waste disposal facility: Q&A

This Q&A explains SEPA's role and responsibilities in connection with the proposed low level waste (LLW) facilities at Dounreay. It explains how SEPA will make its decision for an authorisation of a low level waste facility at Dounreay and is split into three sections:

SEPA's role

What is SEPA's legal remit?

SEPA has a range of responsibilities in relation to the proposed LLW facilities at Dounreay. These responsibilities cover the pre-planning, planning, construction, operational and post-closure phases and involve a range of regulatory regimes including:

  • Radioactive Substances Act 1993 (RSA 93)
  • Water Environment (Controlled Activities) (Scotland) Regulations 2011 (known as the Controlled Activities Regulations, or CAR)
  • Pollution Prevention and Control (Scotland) Regulations 2000 (PPC)
  • Waste Management Licensing Regulations 1994 (WML)
  • Environmental Protection Act 1990 (EPA)

SEPA intends to avoid, as far as possible, dual regulation of the facilities and will regulate primarily under the RSA 93 regime where appropriate. In addition to RSA 93 requirements, SEPA intends to further protect the environment by applying conditions to any RSA 93 authorisation comparable with those applied under other regimes to non-radioactive waste.

During the pre-planning phase, SEPA held discussions with the United Kingdom Atomic Energy Authority (UKAEA), now Dounreay Site Restoration Ltd (DSRL), as part of the environmental impact assessment process. This process investigates the positive and negative aspects of a project; the impacts on sensitive receptors are considered along with any appropriate mitigating measures.

The planning application submitted by DSLR to The Highland Council was supported by the Environmental Statement (ES) – a series of documents containing the findings from the environmental impact assessment undertaken by DSRL. The Highland Council sent this information to SEPA, a statutory consultee to the planning process, so that it could assess the potential environmental impacts of the proposals.

SEPA responded to The Highland Council on the acceptability of the proposal from an environmental perspective. This response also contained information about:

  • which environmental regulations will apply
  • any licences required during the construction and operation of the facilities

As part of its response, SEPA informed The Highland Council whether the proposed facilities are capable of being authorised under RSA 93 and other relevant environmental legislation.

SEPA will regulate aspects of the construction and operational phases under the CAR, PPC, EPA and WML regimes (as required) in addition to authorisation under RSA 93. For example, if pumping is required to lower groundwater levels, any associated abstraction will require a CAR authorisation and a PPC permit will be needed to cover the operation of the grouting plant.

How will SEPA make a decision on the RSA 93 application?

A specialist team will seek the opinions of colleagues, other departments in SEPA and external experts. They will then recommend a decision to senior management. In making this recommendation we will consider information from a number of sources including:

  • whether or not the application (and supporting information) meets the requirements of the Radioactive Substances Act 1993
  • the predicted impact of discharges on the environment and human health
  • directions from Scottish Ministers
  • comments received from the public
  • consultation responses
  • latest technical and legal guidance and research

We will also follow official guidance, such as:

  • the Policy for the Long Term Management of Solid Low Level Radioactive Waste in the United Kingdom
  • disposal facilities on land for low and intermediate level radioactive wastes: Guidance on Requirements for Authorisation

The Highland Council is the planning authority for the Dounreay application, and they will also be consulted on the RSA authorisation.

What is low level waste (LLW)?

Low level waste contains low levels of radioactivity. There are two types of LLW: operational and decommissioning. Operational LLW, such as plastic, paper and metal, mainly arises from monitoring and maintenance. Decommissioned LLW is mainly soil, building materials, equipment and metals from the site plant.

Most low level waste arises during:

  • the operation of nuclear power stations
  • nuclear fuel production
  • reprocessing facilities
  • the decommissioning and clean-up of nuclear sites

Although it is predicted that around 90% of the UK's future radioactive waste material will be made up of low level waste, the actual level of radioactivity will be less than 0.00003%.* 

* The Radioactive Waste Inventory, DEFRA/RAS/05.002, 2004 & NIREX Report N/090, October 2005.

How important is the performance of existing low level waste facilities?

There is only one similar facility in the UK, located near Drigg in Cumbria. However, there are other similar facilities in Europe, and particularly in France and Spain. We take into account the performance of these existing sites when deciding on the best options for Dounreay.

Can SEPA refuse the application by the site operator?

Yes. SEPA can refuse the application if it has reasonable grounds for believing that:

  • the activities would result in unacceptable environmental impact
  • the operator has not been able to satisfy SEPA that it is using best practice
  • the operator will not be able to comply with conditions of an authorisation

If SEPA grants authorisation, what conditions will it set?

SEPA's authorisation will cover every aspect of the operation, including setting limits of waste. If the operator wants to vary the authorisation (eg change the type of waste they dispose of or the disposal route for waste) they must tell us. This may include a public application to allow SEPA to consider varying the permit.

For an example of an authorisation for a nuclear site, read:

What if the applicant doesn't agree with SEPA's decision?

The applicant can appeal to Scottish Ministers against a refused application or the specific conditions set out in an authorisation, however, there is no opportunity for third parties to appeal.

What powers does SEPA have if site operators do not comply with the conditions of the authorisation?

SEPA can close any part of an operation by serving a prohibition notice. However, this is only an extreme measure reserved for cases where there is an imminent risk of environmental pollution or harm to human health.

Enforcement action usually takes place at two levels:

  • Minor breach – a warning letter and the possibility of further action
  • Major breach – an enforcement notice demanding the operator takes specific actions, or a report to the Procurator Fiscal

Fines imposed by the courts for offences are at their discretion. SEPA officers will carry out regular inspections at the site and are able to enter premises 24 hours a day.

External participation

Who are the statutory consultees?

There are a number of expert organisations that we consult with for the Dounreay low level waste facility application. These include:

  • the Health Protection Agency (radiological protection division), for comments on the potential risk to public health
  • the Food Standards Agency, for advice on the potential radiological risks to food

Who are the discretionary consultees?

Community groups, campaign groups, interest groups, businesses, trade associations, and politicians, are all considered discretionary (optional) consultees. For the Dounreay application, comments may be sought from:

  • Committee on Medical Aspects of Radiation in the Environment
  • Caithness and Sutherland Enterprise
  • Caithness West Community Council
  • Dounreay Stakeholder Group
  • Highlands and Islands Enterprise
  • NHS Highland
  • Nuclear Safety Advisory Committee
  • Orkney Islands Council
  • Shetland Islands Council
  • Radioactive Waste Management Advisory Committee
  • Scottish Natural Heritage
  • Scottish Water

What role do Scottish Ministers play?

Scottish ministers can:

  • 'call in' the application and make a decision about whether or not the authorisation should be granted
  • instruct on the conditions of authorisation
  • receive and determine any appeals against SEPA decisions and actions

What is the role of The Highland Council?

As the planning authority for this case, The Highland Council determined Dounreay's planning application. The council considered plan policies and other 'material considerations' and assessed the appropriate use of the land. A full public consultation wwas conducted and planning consent was granted with attached conditions. For full details please visit The Highland Council website.   

SEPA was consulted on the planning application, and advised the council with comments relevant to our role.

Who deals with health issues?

SEPA will consider comments by NHS Highland and the Health Protection Agency on the potential risk to public health from the proposed facility.

Who will deal with food issues?

SEPA must consider comments and advice from the Food Standards Agency on any potential radiological risks to food.

What effect will the Nuclear Decommissioning Authority (NDA) strategy have on the proposed Dounreay facility?

The NDA's strategy for decommissioning and cleaning UK civil nuclear sites has been approved by the Government and devolved administrations. This strategy includes a competition process, and the Management and Operation contract is currently held by a Site License Company called Dounreay Site Restoration Limited. DSRL took over from UKAEA from 1 April 2008.

UKAEA set up a second company UKAEA Ltd, which holds the Parent Body Arrangement from UKAEA to supply strategic management to Dounreay Site Restoration Limited. The Nuclear Decommissioning Authority will put the Parent Body Arrangement out to competition later in 2008.

To find out why the NDA uses a competition process, read about the case for a low level waste facility near Drigg, Cumbria, which is at a more advanced stage than Dounreay:

NDA website competition page

Having your say

How do I view DSRL's RSA 93 application?

  • SEPA website
    We will make as much of the RSA 93 application available as possible when we receive it.
  • In person
    You can view the RSA 93 application in our Dingwall Registry and Thurso Office.
  • Post
    You can request a copy of the application by post by contacting Dingwall Registry You can also request a CD copy.
  • Newspaper
    We will advertise the public consultation period in the Press and Journal, Caithness Courier, the John O'Groat Journal and the Edinburgh Gazette.
  • Local authority
    Notice will also be sent to The Highland Council for public access.

How can I voice my views?

We listen carefully to the views of our stakeholders (eg politicians and trade associations), communities and individuals who care for Scotland's environment.

You have the right to comment on:

  • discharges and their impact to air, land and water
  • management systems and organisational structures in place
  • staff competency
  • noise and smell
  • techniques used for reducing impact

Either email dingwallregistry@sepa.org.uk or write to:

SEPA Registry
Graesser House
Fodderty Way
Dingwall Business Park
Dingwall
IV15 9XB

How are my comments considered?

SEPA acknowledges all comments and objections within the consultation period and (unless there is a specific request not to) records them on the public registrar. The specialist officer leading the process, and any other staff involved in the decision, will then take relevant comments into account.

What if I disagree with SEPA's decisions?

If you don't agree we have acted properly, first contact the Dingwall Office. If your concerns are still unsatisfied, you will be advised of whom to contact within SEPA senior management.