Radiation pollution fears for school. Row stalls clean-up

Numerous parties associated with the site are now embroiled in so-called negotiations over ''who pays''.

They are unlikely to be resolved before pupils return to Castlehill Primary, in Wishaw, in 10 days' time, unless someone in authority takes unilateral action.

But the regulatory Scottish Environment Protection Agency, responsible for monitoring radioactivity, admitted it has virtually no powers to order the removal of the radiation traces on land which is often used by youngsters as a playing field or short-cut to a nearby housing scheme.

A Sepa spokesman said: ''There are no regulations in place dealing with radioactive contaminated land at the moment.''

The extraordinary situation surrounding the site at Garrion Business Park, Gowkthrapple, which includes a food haulage firm, also highlights growing concerns that responsibility for enforcing waste disposal is currently hopelessly fragmented among many agencies.

North Lanarkshire Council served a ''nuisance order'' on Smith Industries, in May, to clean up the traces - identified as Radium 226, which has been linked with child leukemia cases elsewhere.

But The Herald can reveal that notice has been withdrawn on grounds that it was ''incorrectly served''.

The council's environmental health officers, although acting in good faith, had no legal right to serve the order because Sepa is now charged with enforcement action to render substances harmless.

Council sources are furious at the subsequent lack of action and confusion over who is responsible for removing a potential health hazard.

The radioactive contamination was uncovered after Lanarkshire Development Agency agreed to fund a land survey for the current landowner, Classicstates Ltd, which wanted to develop the site.

It was once occupied by Smith's clockworks, and it is believed luminous paints for clock and watch dials may have been dumped underground.

Levels of Radium 226 detected are not considered a danger to public safety, but there is a potential risk, with exposure harmful if it took place over a prolonged period and in direct contact with the skin.

Clean-up estimates range from #500,000 to #5m. One solution would be to concrete over the area so that people could not possibly come into contact with radioactive particles.

Sepa, asked why it does not take direct action in the public interest and argue with parties later, said: ''We don't have the money . . . and regulations to get rid of this nasty stuff have to be in place.''

Only draft regulations exist,

along with proposals to allow local authorities a role in monitoring land contaminated by radioactive waste.

Last night, Mr Nigel Kirkpatrick, owner of food haulage firm GCN, expressed concern that nothing had been done on the site and that local people had not received full details of the contamination.

He said: ''I have heard nothing. We don't even know where we stand with regard to foodstuffs. Its business as usual, but it is worrying. This could have complex implications, if my workers said that enough was not being done and put claims in.''

Medical equipment, aero-space, and engineering group Smith Industries, which in the six months to February increased pre-tax profits by 15%, to #80.2m, signalled it was unlikely to spend its money on clearing the hazard.

The firm, which earlier this week agreed a #136m takeover bid for the Graseby group, vacated the site in the 1980s, when it was a tenant of the Scottish Development Agency.

Asked why it could not do the clean-up as a gesture to the local community, a spokesman for the firm countered: ''It is not our land . . . and it has to be done in co-operation and involvement with others.''

He insisted the firm would take some responsibility, but claimed communications with the present landowners were proving difficult.

Smith's also insisted that the contamination was, legally, one for the present landowner, with proposed Tory legislation based on the ''polluter paying'' at a standstill since Labour took power.

A council spokesman confirmed it was no longer dealing with clean-up enforcement: ''We have no locus in this matter. It's Sepa's baby.''

The LDA, a part successor to the SDA, said it understood the local authority and Sepa were considering appropriate action, and would be happy to listen to any proposals aimed at a resolution.

An agent for Classicstates, who said it was awaiting Smith Industries' responses to communications, added: ''We desperately want a solution.''