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Operating Procedure

PORT HOPE AREA INITIATIVE


SPECIAL CIRCUMSTANCES
PROTOCOL
Port Hope Area Initiative
Management Office
4501-01611-OP-001
Revision 0

Prepared by
Rdig par

Case Glenn G - Senior Technical


Advisor
Reviewed by
Vrifi par

Van Veen Wouterius Walte -


Manager, Technical Integration
Approved by
Approuv par

Hebert Craig - General Manager,


Port Hope Area Initiative
Management Office

2015/04/15 2015/04/15
UNRESTRICTED ILLIMIT

Canadian Nuclear Laboratoires Nuclaires


Laboratories Canadiens

286 Plant Road 286, rue Plant


Chalk River, Ontario Chalk River (Ontario)
Canada K0J 1J0 Canada K0J 1J0
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PORT HOPE AREA INITIATIVE SPECIAL CIRCUMSTANCES PROTOCOL
TABLE OF CONTENTS

SECTION PAGE

1. SCOPE .................................................................................................................. 1

2. PURPOSE .............................................................................................................. 2

3. DEFINITIONS ........................................................................................................ 2
3.1 Terms ................................................................................................................... 2
3.2 Acronyms ............................................................................................................. 3

4. REQUIREMENTS ................................................................................................... 3

5. RESPONSIBILITIES ................................................................................................. 3
5.1 Canadian Nuclear Laboratories ............................................................................ 3
5.2 Canadian Nuclear Safety Commission .................................................................. 4
5.3 Property Owner ................................................................................................... 4

6. PROCESS .............................................................................................................. 4
6.1 Overview of Protocol ........................................................................................... 4
6.2 Constraint Scenarios ............................................................................................ 4
6.2.1 Access Constraint: Property Access is Not Provided by Property
Owner ............................................................................................................ 5
6.2.2 Physical Constraint: Requirement to Maintain Structural Integrity
or Stability of a Property ................................................................................ 5
6.2.3 Operational Constraint: Clean Up Below a Specified Depth is not
Reasonably Feasible ....................................................................................... 5
6.2.4 Non-LLRW Constraint: Source of Soil Contamination is Not Related
to Historic LLRW ............................................................................................. 5
6.2.5 Environmental Constraint: Removal of Historic LLRW
Contamination will have a Detrimental Impact on an
Environmental Feature ................................................................................... 6
Prepared by: Date: Reviewed by: Date: Approved by: Date:
G. Case 2015/04/15 W. van Veen 2015/04/15 C. Hebert 2015/04/15
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TABLE OF CONTENTS

SECTION PAGE

6.2.6 Social/Heritage Constraint: High Community Impact with Low


Safety Return ................................................................................................. 6
6.3 Management of Protocol ..................................................................................... 6
6.3.1 Protocol Application Request ......................................................................... 6
6.4 Acceptability of Residual Conditions .................................................................... 8
6.5 Review of Process ................................................................................................ 9
6.6 Protocol Change Control ...................................................................................... 9
6.7 Property Owner Interface .................................................................................... 9

7. REFERENCES ....................................................................................................... 10

APPENDICES

Appendix A Access Constraint ............................................................................................... 11


Appendix B Physical Constraint ............................................................................................. 13
Appendix C Operational Constraint ....................................................................................... 15
Appendix D Non-LLRW Constraint ......................................................................................... 17
Appendix E Environmental Constraint .................................................................................. 19
Appendix F Social/Heritage Constraint ................................................................................. 21

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PORT HOPE AREA INITIATIVE SPECIAL CIRCUMSTANCES PROTOCOL

1. SCOPE
This document applies to the Port Hope Long-Term Low-Level Radioactive Waste Management
Project that involves the cleanup of properties contaminated with historic low-level radioactive
waste (LLRW) in the Municipality of Port Hope (MPH) and transportation of the LLRW for
consolidation in a single long-term waste management facility to be constructed at the site of
the existing Welcome Waste Management Facility. The Port Hope Project (PHP) is a federal
undertaking that is being conducted under a Waste Nuclear Substance Licence (WNSL) [1]
issued to Canadian Nuclear Laboratories (CNL) by the Canadian Nuclear Safety Commission
(CNSC). The WNSL sets out the conditions under which the clean-up work will be carried out
and more specifically identifies the Clean-up Criteria to be applied in the conduct of routine
remedial work. Appendix C of the WNSL sets out the clean-up criteria to be applied for three
land use classifications: Column A (Residential /Parkland /Institutional); Column B (Industrial/
Commercial /Community); and, Column C (Welcome Waste Management Facility and Highland
Drive Landfill).

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2. PURPOSE
The objective of the PHP is to clean up historic LLRW exceeding the clean-up criteria presented
in Appendix C of the WNSL. Presently the estimate is that some 1.2 million cubic metres of
historic LLRW will be addressed by the PHP. It is anticipated that the vast majority of properties
cleaned up under the Port Hope Project will meet the clean-up criteria defined in the WNSL;
however, it is also anticipated that a small number of unique situations will be encountered
where it may not be possible or practical to meet these criteria due to access, and property-
specific physical, operational, environmental or social constraints. To address these infrequent
situations that may arise during the implementation of the PHP, the following protocol (the
Protocol) has been prepared to provide an appropriate process for the identification and
application of property specific clean-up criteria or approaches, which hereinafter are referred
to as Special Circumstances. Note 2 in Appendix C of the WNSL references the term special
circumstances as follows: Concentrations higher than criteria listed may be acceptable at
depths >1.5 m as well as for special circumstance properties. The Protocol outlines the basis
for the term Special Circumstances for the purpose of meeting the requirements of the PHP
WNSL.

3. DEFINITIONS

3.1 Terms
Special Circumstance unique situation where property-specific constraints make it unduly
onerous to apply the clean-up criteria prescribed in the PHP WNSL, and where it is appropriate
to apply an alternative clean-up approach that will ensure the protection of human health and
the environment.
Low-Level Radioactive Waste historic waste sourced from Eldorado Nuclear operations
between 1932 and 1988 exceeding the clean-up criteria prescribed in the PHP WNSL.

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3.2 Acronyms
CNL Canadian Nuclear Laboratories
CNSC Canadian Nuclear Safety Commission
COPC Contaminant of Potential Concern
EASR Environmental Assessment Study Report
LCH Licence Condition Handbook
LLRW Low-Level Radioactive Waste
NRCan Natural Resources Canada
PHAI Port Hope Area Initiative
PHAI MO Port Hope Area Initiative Management Office
PHP Port Hope Project
RAP Remedial Action Plan
RVSOP Remediation Verification Standard Operating Procedure
WNSL Waste Nuclear Substance Licence

4. REQUIREMENTS
The Protocol is to be utilized for a situation on a specific property where the application of
Column A or Column B clean-up criteria, as set out in the Port Hope WNSL, is not considered
practical or feasibly achievable due to existing conditions/circumstances on the property and
where the residual risk to the environment and human health is considered acceptable.
Through the Protocol the requirements are set out to demonstrate and document that all
practical clean-up options have been considered and that the development of property specific
clean-up criteria or a property-specific approach developed in accordance with the Protocol is
an appropriate way to address the historic LLRW present on the property.

5. RESPONSIBILITIES

5.1 Canadian Nuclear Laboratories


The WNSL for the PHP has been issued by the CNSC to CNL. CNL has been assigned the
responsibility as lead agency within the Port Hope Area Initiative Management Office
(PHAI MO) by the federal sponsoring department Natural Resources Canada (NRCan). As holder
of the licence (Licensee), CNL is obligated to comply with the requirements set out in the WNSL
[1] and the accompanying Licence Condition Handbook (LCH) [2]. This Protocol forms part of
the CNSC-approved documents that make up the PHP LCH.
In addition to its other responsibilities as the Licensee, within the Protocol CNLs responsibilities
are described to ensure that the Protocol is applied in accordance with the applicable processes
and procedures described in the Port Hope WNSL and LCH, and to maintain all files and
supporting documentation required for the application of the Protocol, as well as to make any
information available to the CNSC upon request.

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5.2 Canadian Nuclear Safety Commission


The CNSC is the federal regulator and as such may periodically review the application of this
Protocol, and any associated documentation, at its discretion, to ensure compliance with
approved processes and procedures in place under the Port Hope WNSL and its associated LCH.

5.3 Property Owner


The property owner will be consulted and advised by CNL regarding the application of the
Protocol and the propertys designation as a Special Circumstance. The rationale behind the
application of the Protocol will be explained to the property owner and documented in a letter
issued under Registered Mail or courier.

6. PROCESS

6.1 Overview of Protocol


The Special Circumstances Protocol has been developed based upon the premise that unique
situations will be encountered in the course of conducting the PHP that warrant an alternate or
property-specific clean-up approach to address higher concentrations than the clean-up criteria
listed in the WNSL where it is demonstrated that this will not present an unacceptable risk to
human health or the environment.
The Protocol sets out:
the scope of constraints that may trigger the application of this Protocol;
the process by which a property will be identified, assessed and subsequently approved
for the application of an alternate approach/property-specific criteria;
the process by which alternative property-specific clean-up criteria will be developed
and/or identified for application as a special circumstance situation;
the processes for reporting and documenting all decisions/approvals made in regards to
the application of the Protocol; and
the requirement by which the Protocol and its application will be periodically reviewed,
assessed and revised by CNL as necessary.

6.2 Constraint Scenarios


The following sections provide an overview of the six potential scopes of constraints that have
been identified by CNL based upon its experience in conducting investigations and remedial
clean-up work in Port Hope. For each of these anticipated constraints, Appendices A to F
provide more detailed descriptions, identification of special circumstance conditions, the
approval process, documentation required for initial approval, documentation required to
conditionally close the property file, documentation required for final approval and the
outcome of the Protocols application.

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6.2.1 Access Constraint: Property Access is Not Provided by Property Owner


It is anticipated that for certain properties, the Licensee will not be able to obtain agreement of
the property owner(s) granting access to the property to test for or clean up historic LLRW
under the conditions of the WNSL. This special circumstance will apply to a property once all
the prescribed communication steps with the property owner have been exhausted without
securing an access agreement and there is no evidence of licensable LLRW that would require
the intervention by the CNSC.

6.2.2 Physical Constraint: Requirement to Maintain Structural Integrity or Stability


of a Property
It is anticipated that for certain properties, the scope of a remedial work required to meet the
WNSL Clean-up Criteria will require extraordinary measures to mitigate risks associated with
maintaining the stability and/or integrity of physical structures or ground conditions (e.g.,
slopes) on the property. Such extraordinary measures may not be warranted on the basis that if
implemented they would result in minimal return in terms of overall improvement in the risk to
human health or the environment.

6.2.3 Operational Constraint: Clean Up Below a Specified Depth is not Reasonably


Feasible
It is anticipated that on some properties the application of a full-depth cleanup is constrained,
as it would require the excavation of soils below what is considered a reasonable depth of
excavation due to physical constraints such as groundwater, or practical constraints imposed by
an overly deep dig (e.g., >3 metres) in order to meet the WNSL Clean-up Criteria. This
extraordinary effort may yield minimal benefit when the material at depth does not pose an
unacceptable risk to human health or the environment.

6.2.4 Non-LLRW Constraint: Source of Soil Contamination is Not Related to Historic


LLRW
It is anticipated that specific contaminants of potential concern (COPCs) on a property may
exceed some of the WNSL Clean-up Criteria, even after the property has been remediated for
historic LLRW, due to the presence of non-LLRW sources of such contaminants (e.g., foundry
wastes). Unless these other non-LLRW sources of contamination are effectively identified and
delineated as a special circumstance situation requiring the application of the Protocol,
additional clean-up work could be conducted that is beyond the scope of the PHP.

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6.2.5 Environmental Constraint: Removal of Historic LLRW Contamination will


have a Detrimental Impact on an Environmental Feature
It is anticipated that endangered species, areas of natural scientific importance, or sensitive
environmental features may be discovered during the course of the Port Hope Project and the
development of a property-specific clean-up criteria or approach will be more appropriate than
the destruction of such a unique environmental feature. For example at the Port Hope West
Beach area the removal of historic LLRW to meet WNSL criteria will destroy a sensitive natural
shoreline environment of sea-rocket plants identified during the preparation of the
Environmental Assessment Screening Report (EASR) for the PHP [3]. Development of a
property-specific clean-up criteria or approach would be more appropriate than the destruction
of this special feature or ecological community.

6.2.6 Social/Heritage Constraint: High Community Impact with Low Safety Return
A circumstance may be encountered where the application of the WNSL Clean-up Criteria may
adversely impact or require the destruction of a significant social or heritage aspect of the
community (e.g., historic building, mature tree, etc.). For this circumstance the application of
generic criteria could lead to a significant community impact with minimal return in terms of an
overall improvement in risk to human health or environment. Recognition of this situation as a
potential special circumstance would prompt the application of a property-specific approach
leading to the preservation of the social/heritage feature.

6.3 Management of Protocol


As holder of the WNSL for the PHP, the administration of the Protocol will be managed by CNL.
Within the PHP organization, the Manager of Port Hope Site Characterization and/or
Construction and Remediation will submit the request for the application of Special
Circumstances to a specific property(s). The responsibility to accept, reject or request additional
information will reside with the PHAI MO Director of Project Delivery.

6.3.1 Protocol Application Request


CNL will identify and consider the application of Special Circumstances to an individual property
or group of properties as early as possible in the delineation phase of investigation (i.e., prior to
the development of clean-up plans, seeking access to remediate, and contracting and initiating
the work). There is a need that the application of this Protocol be conducted in a timely and
thoroughly documented manner. The application process is outlined below and is applicable to
all scenarios.

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Application Request
For an individual property or group of properties, the PHAI MO Manager of Port Hope Site
Characterization and/or Construction and Remediation will:
Review relevant property information on file and prepare/provide a summary report
outlining the findings of studies conducted on the property(s) in question;
Request the application of the Protocol and identify the appropriate Protocol scenario
or scenarios as per sections 6.2.1 to 6.2.6 for the property(s) in question;
Identify the affected parties that need to be consulted in the application of the Protocol
(e.g., property owner(s));
Describe the anticipated outcome regarding the extent of the proposed cleanup and the
material that may be left on the property and any implications (including any risks) to
human health and the environment;
Describe the property-specific verification process that will be followed to confirm the
application of the Protocol based upon the approved PHP RVSOP;
Compile the documentation necessary to support the recommendation in accordance
with the applicable scenario(s); and
Submit the documentation to the PHAI MO Director of Project Delivery along with a
completed application form to apply the Protocol to the property(s) in question.

Application Acceptance
The review and approval of the application of the Protocol to a property or group of properties
will be conducted by the PHAI MO Director of Project Delivery who will:
Review the Application in a preliminary manner to confirm that the Application is
complete or request additional required information within 5 business days;
Review the Application and supporting information in detail, and consult with third
parties and subject matter experts as required;
Accept, accept in part, or reject the application based upon a prescribed evaluation
process to provide consistency and traceability between evaluations;
Attest that the decision is in line with this Protocol, the PHP WNSL and LCH;
Document and sign the decision and the basis/supporting rationale behind the decision;
and,
Complete all above steps within 21 business days of receipt of a complete Application.

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Verification of Property Cleanup and File Closure


Verification of the application of the Protocol for the property(s) will be completed in
accordance with property-specific documentation and/or application of the RVSOP. Scenario-
specific verification procedures that may be required in addition to, or as opposed to, the
RVSOP will be identified and documented prior to the implementation of the Protocol. The
PHAI MO Director of Project Delivery will review the verification information and confirm that
the property cleanup was done in accordance with his/her previous decision and sign the final
verification to document and close the property file where the Protocol has been applied.
The following documentation will be required before the property file is closed:

All correspondence between the property owner and the PHAI;


Process documentation (the request, justification, request approval, final approval,
verification documentation, etc.); and
The results of any internal CNL or CNSC review of the file.

6.4 Acceptability of Residual Conditions


To confirm the acceptability of residual conditions associated with the application of a Special
Circumstance, CNL may consider the development of a technical evaluation of residual risk
applicable to the propertys specific conditions. Initially the evaluation will be done at a
screening level, and if necessary, a more detailed evaluation can be completed. It is recognized
that site conditions prompting the use of the Protocol will be unique for each property and
decisions will have to be made that reflect these unique conditions. Sound scientific judgement
will be exercised throughout the risk assessment process. Should the application be wider
spread in a neighbourhood, consideration may be given to development of a generic or
community-based risk assessment for the signature contaminant(s) of concern. Such
approaches allow for the incorporation of site-specific conditions in a technical, scientific
examination of the nature and magnitude of risk defining potential contaminant effects under
site-specific situations. Protection of both human health and the health of the environment will
be key considerations in the assessment.
Based upon the outcome of the risk assessment, risk management measures may be required
to reduce exposure and/or eliminate or block exposure pathways. Such measures may include
mechanical measures or techniques (e.g., application of clean soil layer, placement of
pavement or other barriers) or administrative controls such as limitations on the use of the
property that are outside of the normal restrictions for the type of property (e.g., no installation
of a potable water well).

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6.5 Review of Process


To confirm the Projects commitment to excellence, continual improvement and application of
lessons learned, self-assessment reviews and/or audits of the Protocol implementation will be
carried out periodically by CNL. The purpose of the self assessment process will be to review
the documentation associated with previous Special Circumstance decisions to ensure they are
sound, based upon appropriate evidence and properly documented. In the event that an
opportunity for improvement is found, a corrective action process will be followed to track the
development, implementation and success of that initiative. These processes of self assessment
and corrective action are well established within the Port Hope Area Initiative under the
direction of CNL.
The CNSC in its federal regulatory role may review the application and outcome of the Protocol
procedures at any time to ensure that it is in line with previous CNSC approvals and
industry-best practices. Documentation for the first application of the Protocol for each
Constraint Scenario will be issued to CNSC for feedback to ensure that expectations are being
met.

6.6 Protocol Change Control


Should major revisions or modifications be required to the Protocol, such changes will be
formally requested of, justified to, accepted by CNSC, and implemented in a fully traceable way.
Minor changes that would not impact the outcome of cleanup decisions on a property can be
made internally within CNL without CNSC approval although CNSC will be provided a log of all
changes annually. The existing Document Control Process within the PHAI MO will be adopted
should such revisions or modifications be required to this Protocol.

6.7 Property Owner Interface


The communications strategy specific to the Protocol and its application will be conducted in
accordance with the existing communications program for the PHAI MO. For example, property
owners will be contacted by CNL (the Licensee) as early on in the process as possible to discuss
the application of the Protocol for their property. The information will be issued to the property
in writing via Registered Mail or courier. Similarly, the MPH will be advised where the PHAI MO
recommends the application of the Protocol to municipally owned properties. In addition,
annual reporting to the CNSC on the application of the Protocol will be conducted by CNL (the
Licensee).

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7. REFERENCES
[1] Waste Nuclear Substance Licence, Port Hope Long-Term Low-Level Radioactive Waste
Management Project, WNSL-W1-2310.00/2202, November 2012
[2] Port Hope Long-Term Low-Level Radioactive Waste Management Project, Licence
Condition Handbook, WNSL-W1-2310.00/2202, Revision 1, November 2014
[3] Environmental Assessment Study Report and Supporting Documents, Port Hope Long-
Term Low-Level Radioactive Waste Management Project, May 2006.

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Appendix A

Access Constraint
Description of the Special Circumstance
CNL as the Licensee, first needs to be granted access to a property to initially identify and
delineate LLRW, and then be granted access a second time to perform any required cleanup.
This Special Circumstance occurs when a property owner refuses to grant first or second access,
and there is no basis for the CNSC to place an order on the property owner requiring him/her
under the Nuclear Safety and Control Act to grant access (i.e., there is no evidence of licensable
material on the property).
Identification of Special Circumstance
CNL has a communication strategy in place that outlines the frequency and content of access
request attempts. This Protocol will apply to a property once all the prescribed communications
steps have been exhausted without securing an access agreement from the property owner,
and there is no evidence of licensable material that would require an intervention by the CNSC.
A final step in the Communications Strategy is the issuance of a letter by Registered Mail or
courier with a Final Reply Date, a date which after an application can be made to the PHAI MO
Director of Project Delivery for closure of the property file under the terms of this Special
Circumstance Protocol.
Approval Process
Access Constraint Special Circumstance has a two-stage approval process:

Initial Approval is based upon an application providing the necessary information


and the PHAI MO Director of Project Delivery accepting the submitted application
and agreeing that the property is an Access Constraint Special Circumstance and that
the property file can be conditionally closed. Initial Approval requires that the
property owner is advised of the Final Reply Date by Registered Mail or courier and
has not positively responded to the request.
Final Approval for Access Constraint Special Circumstance status is granted for the
property when the Final Reply Date is exceeded.

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Documentation Required for Initial Approval


Technical Evidence Required:
o Analysis of historic property information and copies of such attached to the
Application, to determine if there is any evidence of licensable material on
the property (i.e., no evidence that CNSC is able to issue an order).
The Licensees communication strategy lists multiple mandatory contact attempts
(letters, door knocks, phone calls, etc.). The Special Circumstance request must
contain documentation proving that each mandatory contact attempt was made:
o A copy of all mailed correspondence;
o Chronology of attempts to obtain access and associated responses mode,
date, time, summary of response, etc.;
o Evidence that the property owner was informed that unless access is
granted, the PHP will not be able to remove any potential LLRW from the
property.
Identification and justification of the Final Reply Date.
Documentation Required to Conditionally Close the Property File
Evidence that the property owner was informed of the Final Reply Date.

Documentation Required for Final Approval


With the addition of the following, the conditionally closed file is officially closed:
Signed confirmation from PHAI MO Director of Project Delivery that the property
owner did not provide the project with a signed access agreement before the Final
Reply Date.
Outcome
Property deemed an Access Constraint Special Circumstances. MPH and CNSC
informed of the designation.
Presence of licensable material not reasonably confirmed.
Immediate unacceptable health and safety concerns not reasonably confirmed.
Closed property file archived properly.

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Appendix B

Physical Constraint
Description of the Special Circumstance
This Special Circumstance occurs when the excavation of historic LLRW contaminated soil
required to meet applicable WNSL clean-up criteria on a property will cause unacceptable or
unreasonable-to-mitigate instability in surrounding structures and slopes in the opinion of a
qualified party.
Identification of Special Circumstance
The development and technical review of the draft Remedial Action Plans (RAP) for a property
requiring the removal of historic LLRW contaminated soil will include an assessment of the
potential for unacceptable risks associated with excavation stability and/or unacceptable risks
due to the integrity of physical structures or slopes at and near the excavation site. Should the
technical review identify such a potential, the information will be forwarded to a professional
geotechnical specialist/engineer for a more in-depth review and assessment. Should the review
validate the concern regarding unacceptable risk to the stability and/or integrity of physical
structures or slopes on or near the excavation site, an application for Physical Constraint Special
Circumstance will be prepared.
Documentation Required for Approval
Technical Evidence Required:
o A geotechnical specialist/engineer written assessment stating that integrity
will be compromised if the property is excavated below a certain depth.
Assessment recommends acceptable limits of excavation and is signed by the
geotechnical specialist/engineer.
A revised RAP reflecting the geotechnical specialist/engineer recommended
excavation limits in light of the stability concerns.
A map detailing the proposed excavation limits and characterization data below
these limits (i.e., where and the nature of what material may be left behind).
Technical justification of why the Special Circumstances application is acceptable
(i.e., acceptable risk to human health and the environment, no licensable quantities
remain, etc.).

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Documentation Required to Close the Property File


The access agreement, signed by the property owner, indicating that he/she has
been informed that Physical Constraint Special Circumstances will be applied to their
property.
Report characterizing the site post-cleanup (i.e., includes a map showing where any
material may remain, associated concentrations, etc.).
PHAI MO Director of Project Delivery Sign-off.

Outcome
Property deemed a Physical Constraint Special Circumstance.
Municipality and CNSC informed of the designation.
All contaminated material above the excavation limit will be removed to meet
applicable WNSL Clean-up Criteria.
No unacceptable residual health and safety concerns based on current and
foreseeable land use.
Documentation on the quantity and characteristics of LLRW that remains on the
property.
Documented characterization of property post-cleanup (above and below
excavation limits).
Closed property file archived properly.

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Appendix C

Operational Constraint
Description of the Special Circumstance
It is anticipated that certain properties may require the cleanup of soils below what would be
considered a reasonable depth for a typical environmental cleanup in order to meet the Licence
Criteria. This Operational Constraint Special Circumstance occurs when documented LLRW
contamination on a property is in a quantity and location at a depth, below which it is
reasonable to assume that this remaining material does not pose an unacceptable risk to
human health and the environment.
Identification of Special Circumstance
The development and technical review of the draft Remedial Action Plans for a property
requiring the removal of LLRW contaminated soil will include an assessment of the potential for
excavation of soils at depths below what would be considered reasonable for a typical
environmental cleanup (e.g., >3 metres). Should the technical review identify such a potential,
the information will be forwarded to a geotechnical specialist/engineer for a more in-depth
review and assessment. Should the review validate the concern regarding the
unreasonableness of the depth of excavation, an application for Operational Constraint Special
Circumstance will be prepared.
Should this Special Circumstance be applied in situations where licensable material will be
potentially left on the property; discussions with the CNSC will be convened prior to
implementation of this Special Circumstance.
Documentation Required for Approval
Technical Evidence Required:
o Technical information delineating the location, concentration and depth of
the LLRW.
o Analysis to determine restrictions limiting excavation depth, based upon but
not limited to the following:
Soil type: geotechnical concerns regarding deep excavation in
identified soil type and potential excavation stability issues.
Confounding material excavation concerns: type of material to be
excavated such as municipal solid waste, wet sediments, etc.
Groundwater/Surface water concerns: confirm if groundwater will be
present; utilize standard industrial practices to assess if excavation
beneath the water table would ever be advised on the property, and
how deep it might extend.

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Future Development Considerations: Review all future work that would


require excavation on that property (foundation, basement, septic
system, pool, etc). Conduct an analysis of similar properties to
determine how deep they are commonly excavated to provide a point
of reference.
Other Considerations: Frost penetration, location and depth of nearest
utility, etc.
Technical justification of why the Special Circumstances application is acceptable
(e.g., acceptable risk to human health and the environment, no licensable quantities
remain, etc.).
A revised RAP reflecting the limitations on excavation.
Justification why the excavating restriction cannot be reasonably mitigated.

Documentation Required to Close the Property File


The access agreement has been signed by the property owner indicating that they
have been informed that Special Circumstances will be applied to their property.
Report characterizing the property post-cleanup (i.e., includes a map showing where
any material may remain, associated concentrations, etc).
PHAI MO Director of Project Delivery Sign-off.

Outcome
Property deemed an Operational Constraint Special Circumstances.
Municipality and CNSC informed of the designation.
All LLRW above the excavation limit removed to meet applicable WNSL Clean-up
Criteria.
Current land use is unrestricted by any remaining material.
No unacceptable residual health and safety concerns based upon current and
foreseeable land use.
Documented characterization of property post-cleanup (above and below
excavation limits).
Closed property file archived properly.

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Appendix D

Non-LLRW Constraint
Description of the Special Circumstance
Some properties are contaminated by other, non-LLRW sources. It is anticipated that these
properties may exceed the Licence Criteria, even after the property has been remediated for
the removal of historic LLRW. This Non-LLRW Constraint Special Circumstance occurs when any
exceedance above the applicable WNSL criteria is caused by another source of contamination
(e.g., foundry wastes).
Identification of Special Circumstance
As accepted by the CNSC, the identification and delineation of historic LLRW contamination is
based upon the use of the Four Signature COPC (radium-226, thorium-230, uranium and
arsenic). However the application of the RVSOP, to confirm that historic LLRW has been
successfully removed, is based upon soil analysis for the full suite of 21 COPCs. The potential
need for this special circumstance is identified at properties where screening analyses of soil
samples at the limits of the excavation indicate that other sources of soil contamination are
present, in spite of the fact that the Four Signature COPC are at concentrations below their
individual WNSL Clean-up Criterion.
Documentation Required for Approval
Technical Evidence Required:
o Analytical results demonstrating that the delineation of the historic LLRW to
be removed from the property has been correctly defined based upon the
Four Signature COPC.
o Updated RAP for the property accurately reflecting the required limits of
excavation.
o Geotechnical logs and other supporting information, such as analytical
results for samples collected in the local area as well as previous experience,
which would suggest that other sources of contaminated soil may be present
beyond the limits of the historic LLRW on the property.
o Screening level sample results (e.g., XRF or other real time instruments) for
clean boundary samples that confirm or negate the presence of other soil
contaminants at concentrations exceeding WNSL Clean-up Criteria.

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Decision Process for Application of Non-LLRW Constraint Special Circumstance


Screening level samples indicate presence of other soil contaminants at concentrations
exceeding WNSL criteria at the boundary of the completed excavation; therefore, a Special
Circumstance verification process based upon compliance using the Four Signature COPC would
be applied to avoid leaving a property owner with the burden of knowing about the presence of
non-LLRW soil contamination remaining on the property.
If the screening level samples do not indicate the presence of other soil contaminants at
concentrations exceeding WNSL Clean-up Criteria at the boundary of completed excavation
then verification of compliance based upon the full suite of 21 COPC would be implemented.
Documentation Required to Close the Property File
The access agreement has been signed by the property owner indicating that they
have been informed that Special Circumstances will be applied to their property.
Analytical screening level data confirming or negating the presence of other soil
contaminants at concentrations exceeding the PHP WNSL Cleanup Criteria to
support decision made regarding final verification with Four Signature COPCs or
verification with full suite of 21 COPCs.
Verification data that shows the Four Signature COPCs have been remediated to the
applicable WNSL criteria based upon applicable property usage.
PHAI MO Director of Project Delivery Signoff.

Outcome
Property deemed a Non-LLRW Constraint Special Circumstances.
Municipality and CNSC informed of the designation.
All LLRW related material remediated to meet applicable cleanup criteria.
Property owner will be notified that the material removed had above background
levels of other COPCs. The property owner will also be notified that no testing was
done on soil remaining on the property. Property owner will not be provided with
the actual test results unless requested.
LLRW contamination remediated to meet applicable PHP WNSL Cleanup Criteria for
applicable land usage.
No CNSC licensable material on the property.
Closed property file archived properly.

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Appendix E

Environmental Constraint
Description of the Special Circumstance
It is anticipated that environmentally sensitive special features or areas may be discovered
during the course of the PHP. Removal of historic LLRW using the PHP WNSL Cleanup Criteria
could have a detrimental impact on this special environmental feature and that the
development of a property specific cleanup criteria or approach would be more appropriate
than the destruction of this special environmental feature or ecological community.
Identification of the Special Circumstance
During the development of the remedial action plan for the property, available environmental
data collected during the preparation of the Port Hope Environmental Assessment Study Report
will be reviewed, if available for the property. The review will be from the perspective of
identification of unique environmental considerations and identification of potential impacts on
specific environmental features or ecological communities that may occur as a result of the
proposed remedial work based upon application of PHP WNSL cleanup criteria.
Documentation Required for Approval
Technical Evidence Required:
o Identification and delineation of COPCs present on the property.
o Assessment of the significance of the environmental feature by an
appropriately qualified subject matter expert (e.g., biologist, botanist,
archeologist, Willow Beach Naturalists Group, Environment Canada, Ministry
of Natural Resources, etc.).
o Detailed description of the requirements to complete the cleanup without
the application of the Protocol.
o Assessment of the risk to the environmental feature resulting from a full
scale cleanup as compared to a partial cleanup so as not to adversely impact
the feature.
Technical justification of why the Special Circumstances application is acceptable
(i.e., no unacceptable risk to human health and the environment, no licensable
quantities remain, etc.).
Recommendation of a more appropriate RAP reflecting the limitations/restrictions
on excavation.

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Documentation Required to Close the Property File


The access agreement has been signed by the property owner indicating that they
have been informed that Environmental Constraint Special Circumstances will be
applied to their property.
Report characterizing the property post-cleanup (i.e. includes a map showing where
any material may remain, associated concentrations, etc.).
PHAI MO Director of Project Delivery Signoff.
Outcome
Property deemed a Special Environmental Constraint Special Circumstance.
Municipality and CNSC informed of the designation.
All material deemed appropriate will have been removed to meet applicable PHP
WNSL Cleanup Criteria.
Portions of property will be identified as restricted usage based upon significance of
environmental features identified.
No unacceptable residual health and safety concerns based upon current and
foreseeable land use.
No licensable material on the property.
Documented characterization of property post-cleanup.
Closed property file archived properly.

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Appendix F

Social/Heritage Constraint
Description of the Special Circumstance
A special circumstance may be encountered where the application of the PHP WNSL Cleanup
Criteria may adversely impact or require the destruction of a significant social or heritage
aspect of the community (e.g., historic landmark, feature or building, mature tree(s), etc.). For
this circumstance the application of generic criteria would lead to a significant community
impact with minimal return in terms of an overall improvement in the safety for human health
or environment. Recognition of this situation as a potential special circumstance would prompt
the application of a property-specific approach leading to the preservation of the
social/heritage feature.
Identification of Special Circumstance
During the development of the remedial action plans for some properties, significant
social/heritage features may be identified on the property that warrant an assessment by a
qualified subject matter expert (e.g. archeologist, urban planner) as well as consultation with
local area community based groups (e.g., local branch of the Architectural Conservancy of
Ontario, Heritage Business Association, Port Hope Tree Committee, etc.) as appropriate. The
assessment will identify special social/heritage concerns that warrant further consideration as a
Special Circumstance in the design of the remedial action plans for the property.
Documentation Required for Approval
Technical Evidence Required:
o Identification and delineation of COPCs present on the property.
o Assessment of the significance of the social/heritage feature by an
appropriately qualified subject matter expert (e.g., archeologist, architect,
biologist, historian, etc.).
o Detailed description of the requirements to complete the cleanup without
the application of the Protocol.
o Assessment of the risk to the social/heritage feature resulting from a full
scale cleanup as compared to a partial cleanup so as not to adversely impact
the feature.
Recommendation of a more appropriate RAP reflecting the limitations/restrictions
on excavation.

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Technical justification of why the Special Circumstances application is acceptable


(i.e., no risk to human health and the environment, no licensable quantities remain,
etc.).
o A justification of why the full cleanup is unreasonable and would be a major
loss to the community of a significant social/heritage feature.

Documentation Required to Close the Property File


The access agreement has been signed by the property owner indicating that they have been
informed that Social/Heritage Constraint Special Circumstances will be applied to their
property.
Report characterizing the property post-cleanup (i.e. includes a map showing where
any material may remain, associated concentrations, etc).
PHAI MO Director of Project Delivery Signoff.
Outcome
Property deemed a Social/Heritage Constraint Special Circumstance.
Municipality and CNSC informed of the designation.
All material deemed reasonable to remove will be removed to meet applicable PHP
WNSL Cleanup Criteria.
Portions of property may be identified as restricted usage based upon risk
management measure(s) implemented for protection of identified significant
social/heritage feature.
No unacceptable residual health and safety concerns based upon current and
foreseeable land use.
No licensable material on the property.
Documented characterization of property post-cleanup.
Closed property file archived properly.

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Liste de rvisions ILLIMIT
Page 1 of / de 1
CW-511300-FM-168 Rev. 2 Ref. Procedure CW-511300-PRO-161

Document No. / Numro de document: 4501 01611 OP 001


Doc. Collection ID SI Section Serial No.
o
ID de la collection de doc. Rpertoire du sujet N de srie

Document Details / Dtails sur le document

Title Total no. of pages


Titre Nbre total de pages
PORT HOPE AREA INITIATIVE SPECIAL CIRCUMSTANCES PROTOCOL 25

For Release Information, refer to the Document Transmittal Sheet accompanying this document. / Pour des renseignements portant sur la diffusion, consultez la feuille de transmission de documents ci-jointe.

Revision History / Liste de rvisions


Revision / Rvision

o Date Prepared/Revised by Reviewed by Approved by


No./N
(yyyy/mm/dd) Details of Rev. / Dtails de la rv. Rdig/Examin par Examin par Approuv par

D1 2015-04-12 Draft for review G. Case W. van Veen


R. Fishlock
R. Dow
C. Hebert

0 2015-04-15 Issued as Approved for Use G. Case W. van Veen C. Hebert

4501-01611-OP-001 2015-04-15