Request for Retraction of Violation by Dairyland Power Cooperative

HPPOS-130 PDR-9111210344

See the memorandum from J. A. Axelrad to W. H. Schultz dated February 10, 1983, and the incoming request from W. H. Schultz dated November 5, 1982.

NRC's enforcement responsibilities pursuant to 10 CFR 30.41 (b) (5) and (c) with respect to state-licensed waste burial site requirements do not include burial site requirements other than those relating to type, form, and quantity of materials.

A response from a licensee to a Region III Notice of Violation (NOV) requested withdrawal of one of the cited violations. The violation concerned adherence to an acceptance criterion contained in the burial site license. The violation was based on 10 CFR 30.41 (b) (5), that was interpreted to require that applicable byproduct material transfers be made in accordance with (under) terms of a license issued to the transferee.

In the case in question, the transferee's license specified that drums must not be laid on their sides in the transport van. This licensee condition was not met, as determined by a South Carolina State inspector.

Since issuance of the NOV, further consideration of the interpretation of 10 CFR 30.41 as a basis for this citation was given. It was concluded that the responsibilities of a person transferring byproduct material under 10 CFR 30.41 are more appropriately defined in 10 CFR 30.41 (c), which limits these responsibilities to verifying that the transferee's license authorizes receipt of the type, form, and quantity of byproduct materials to be transferred.

IE reviewed the case and agreed that the violation involving that drums not being lain on their side be retracted. This decision was based on the premise that NRC's enforcement responsibilities, pursuant to 10 CFR 30.41 (b) (5) and (c) with respect to state-licensed burial site requirements, do not include burial site requirements not relating to type (radioisotope), form (chemical and/or physical), and quantity (maximum activity). In the subject case, the requirement for positioning the drums should not have been considered a violation. However, if a burial site's license does not authorize it to receive liquids, and a licensee transfers materials to the burial site that have not been dewatered, a citation against 10 CFR 30.41 (c) for failure to verify that the burial site is authorized to receive waste containing liquid would be appropriate because the violation involves the form of the waste.

Regulatory references: 10 CFR 30.41, License Conditions

Subject codes: 3.5, 12.7, 12.17

Applicability: All