2021 Materials Actions
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Mountain View Hospital (EA-21-034)
On December 15, 2021, the NRC issued a Notice of Violation to Mountain View Hospital (Licensee) for six violations. The violations consist of a Severity Level (SL) III problem associated with two (A+B) related violations and four SL IV violations (C-F). The violations involved the licensee’s failure to: (A) develop, implement, and maintain written procedures to provide high confidence that each administration is in accordance with the written directive as required by Title 10 of the Code of Federal Regulations (10 CFR) 35.41(a)(2); (B) maintain its radiation dose release criteria for individuals in accordance with 10 CFR 35.75(a); (C) retain a record of safety instructions provided to individuals caring for patients administered lutetium-177 (Lu-177) as required by 10 CFR 35.2310; (D) document radiation surveys to demonstrate that rooms used for Lu-177 patients could be released for unrestricted use in accordance with 10 CFR 20.2103(a); (E) meet discharge of Lu-177 contaminated materials in accordance with 10 CFR 20.2003(a)(1); and (F) label a Lu-177 radioactive waste storage container and its contents as required by 10 CFR 20.1904(a). Specifically, from September 4, 2018, to November 16, 2020, the licensee failed to develop, implement, and maintain written procedures for the administration of Lu-177 and on multiple occasions the licensee authorized the release of individuals who had been administered Lu-177, when their exposure of radiation dose to others was likely to exceed the licensee’s release criteria. Further, the licensee failed to retain a record of safety instructions, did not maintain records showing the results of the surveys of the contaminated areas, discharged Lu-177 contaminated wipes into the sanitary sewer that were not readily soluble in water or biological materials, and, finally, did not label the Lu-177 radioactive waste storage containers with the radiation symbol and markings required by NRC requirements.
BRL-NDT Services, LLC (EA-21-102)
On November 26, 2021, the NRC issued a Notice of Violation to BRL-NDT Services, LLC for three violations. The violations consist of a Severity Level (SL) III problem associated with two (A+B) related violations and one SL IV violation (C). Based on the information develop during the inspection and the information provided by the licensee in response to the inspection report dated September 15, 2021, the NRC determined that three violations of NRC requirements occurred. The violations include: (A) permitting an individual who had not completed qualification requirements to act as a radiographer’s assistant contrary to Title 10 of the Code of Federal Regulations (10 CFR) 10 CFR 34.43(c), (B) performing radiographic operations without two qualified individuals present contrary to 10 CFR 34.41(a), and (C) failing to conduct an inspection program of the job performance of a radiographer during an actual industrial radiographic operation every 6 months contrary to 10 CFR 34.43(e)(1). The NRC considers Violations A and B to be significant violations because the failure to have a fully qualified radiographer’s assistant and the failure to have two qualified individuals present during industrial radiographic operations could have resulted in an overexposure to the radiographers or a member of the public. Therefore, these violations are categorized collectively in accordance with the NRC Enforcement Policy Section 6.3.c as a Severity Level III problem. Violation C was issued as a Severity Level IV violation in accordance with NRC Enforcement Policy 6.3.d.3.
Empire Paving, Inc. (EA-21-058)
On November 8, 2021, the NRC issued a Notice of Violation to Empire Paving, Inc. (Licensee) for five violations. The violations consist of a Severity Level (SL) III problem associated with four related violations (A+B+C+D) and a SL III violation (E). The violations involved the licensee’s failure to: (A) maintain a designated individual to serve as the Radiation Safety Officer (RSO) as required by a license condition; (B) review the radiation protection program content and implementation as required by 10 CFR 20.1101(c); (C) test sealed sources for leakage and/or contamination at the appropriate intervals as required by a license condition; (D) conduct physical inventories at the appropriate intervals as required by a license condition; and (E) confine possession of licensed material to locations authorized on the NRC license as required by 10 CFR 30.34(c). Specifically, on July 10, 2019, the RSO named on the license left the employment of the licensee, and the licensee did not submit an amendment request to name a new RSO until March 23, 2021. During this period, no one was designated to fulfill the duties of the RSO and that resulted in the failure to perform the required radiation safety program review, leak tests, and physical inventories in a timely manner. Additionally, the licensee stored licensed byproduct material at a storage location not authorized on its NRC license.
Terracon Consultants, Inc. (EA-20-002)
On September 30, 2021, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $45,000 to Terracon Consultants, Inc. (Licensee) for five violations. The violations consist of a Severity Level (SL) III problem associated with three (A+B+C) related violations, a SL III violation (D), and a SL IV violation (E). The violations involved the licensee’s failure to: (A) control and maintain constant surveillance of licensed material in a controlled or unrestricted area and that is not in storage as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1802 and 30.34(i); (B) block and brace licensed material from movement incident to normal transportation in accordance with 10 CFR 71.5(a); (C) follow operating and emergency procedures associated with the license, which included the requirement for the gauge user to use a Department of transportation Type A container; (D) lock the gauge’s handle of the source rod or place the gauge inside of a locked container to prevent unauthorized or accidental removal of the source rod from its shielded position, as required by a License Condition; and (E) immediately report the loss of gauge as required by 10 CFR 20.2201. Specifically, On November 25, 2019, a licensee’s former technician willfully failed to follow licensee procedures and NRC requirements to secure a portable nuclear gauge. As a result, a portable gauge fell off a vehicle during transportation and remained uncontrolled in the public domain for few hours and the licensee did not notify the NRC immediately following discovery of the missing gauge.
Jefferson University Radiology Associates, LLC (EA-21-023)
On August 30, 2021, the NRC issued a Notice of Violation to Jefferson University Radiology Associates, LLC (Licensee) for a severity level III violation. The violation involved the licensee’s submittal of inaccurate information to the NRC on NRC Form 241, “Report of Proposed Activities in Non-Agreement States,” contrary to the requirements in 10 CFR 30.9(a). Specifically, on ten occasions between April 24, 2020, and December 30, 2020, Jefferson University Radiology Associates, a holder of a specific license from the State of Pennsylvania, submitted NRC Form 241 to the NRC with photocopied signatures of a former Radiation Safety Officer who was no longer affiliated with the licensee.
Jicarilla Apache Nation Contract Roads (EA-21-016)
On August 17, 2021, the NRC issued a Notice of Violation to Jicarilla Apache Nation Contract Roads (Licensee) for a severity level III violation. The violation involved the licensee’s possession of byproduct material without a specific or general license in accordance with Title 10 of the Code of Federal Regulations 30.3(a) requirements. Specifically, on May 31, 2020, the licensee’s specific NRC License No. 30-29388-01 expired, but the licensee maintained possession of three portable gauges containing licensed material until June 11, 2021. Because the licensee properly transferred the gauges to another licensee within 30 days of the NRC’s approved due date to transfer, a civil penalty was not proposed in this case.
Eastern Idaho Health Services, Inc. (EA-21-019)
On August 5, 2021, the NRC issued a Notice of Violation to Eastern Idaho Health Services, Inc. (Licensee) for a Severity Level III problem associated with four related violations. The violations involved the licensee’s failure to: (A) monitor occupational exposure of workers from licensed and unlicensed sources of radiation as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1502(a)(1); (B) develop and implement certain elements of its radiation protection program in accordance with 10 CFR 20.1101(a); (C) reduce the dose that an individual may be allowed to receive in the current year as required by 10 CFR 20.1201(f); and (D) provide instructions to individuals in accordance with 10 CFR 19.12(a)(3). Specifically, from August 5, 2016, to November 18, 2020, the licensee failed to adequately monitor the occupational exposure to radiation from licensed and unlicensed radiation sources and failed to require the proper use of individual monitoring devices by an authorized user.
Idaho State University (EA-20-134)
On July 22, 2021, the NRC issued a Notice of Violation, and a Proposed Imposition of Civil Penalties totaling $45,000 to Idaho State University (Licensee) for a severity level III problem containing five violations, the earliest beginning in February 2011. Specifically, the licensee failed to: (1) complete a 100 percent source inventory required by an NRC Confirmatory Order issued in May 2019 (ML19122A123); (2) have the reactor safety committee review and approve written procedures for the use of the licensed materials; (3) perform a physical inventory to determine the quantity of uranium-235 on hand; (4) provide complete and accurate information to the NRC regarding the licensed material on hand compared to their records; and (5) establish written operating and emergency procedures.
Steel of West Virginia (EA-21-033)
On July 12, 2021, the NRC issued a Notice of Violation to Steel of West Virginia (Licensee) for a severity level III violation of its license when it maintained/repaired the on-off mechanism (shutter) and shutter control of its gauges. Specifically, the licensee wired, in the open position, the shutter mechanism for its fixed gauges and was not authorized to perform these functions by a specific license condition.
CampCo, Inc. (EA-20-084)
On June 3, 2021, the NRC issued an Order Imposing a Civil Monetary Penalty (Order) in the amount of $75,000 to CampCo Inc. (Licensee). The civil penalty was imposed after a March 8, 2021 letter from the licensee disputing and requesting mitigation of the civil penalty amount proposed in the NRC Notice of Violation and Proposed Imposition of Civil Penalty for $75,000 (Notice), dated February 11, 2021. The Notice was based on nine Severity Level (SL) III violations involving the licensee’s failure (1) to distribute tritium watches in accordance with its exempt distribution license as required by Title 10 of the Code of Federal Regulations (10 CFR) 32.14, (2) to provide complete and accurate information as required by 10 CFR 30.9, and (3) to implement requirements in an alternative dispute resolution Confirmatory Order issued on June 20, 2016, as part of a previous escalated enforcement action (EA-14-080). After consideration of the licensee’s response, the NRC determined that the licensee did not provide an adequate basis to justify mitigation of the proposed civil penalty amount and, therefore, the full civil penalty amount was imposed through an order.
William W. Backus Hospital (EA-20-141)
On June 1, 2021, the NRC issued a Notice of Violation, an Exercise of Enforcement Discretion, and a Proposed Imposition of Civil Penalty in the amount of $3,750 to William W. Backus Hospital (Licensee) for a severity level III problem containing three violations that occurred on or before May 5, 2020: (1) failure to transfer seven sealed sources for disposal to an authorized recipient pursuant to 10 CFR 20.2001(a); (2) failure to label the sources or their container while in the licensee’s possession pursuant to 10 CFR 20.1904(a); and (3) failure to inventory or leak test the sources pursuant to 10 CFR 35.67(b)(2). Further, in order to emphasize the importance of controlling licensed material, given the circumstances of the case, the NRC exercised enforcement discretion to issue a Proposed Imposition of Civil Penalty in the amount of $3,750.
French Onion, LLC (EA-21-028)
On May 18, 2021, the NRC issued a Notice of Violation to French Onion, LLC (Licensee), for a severity level III violation. The violation involved the transfer of byproduct material to a person not authorized to receive such byproduct material under terms of a specific license issued by the NRC, or an Agreement State, in accordance with Title 10 of the Code of Federal Regulations (CFR) 30.41. Specifically, from January 1, 2009, through February 26, 2021, the licensee transferred two portable nuclear gauges, which required a specific NRC or Agreement State license, to Gaston Engineering & Surveying, P.C., an entity not authorized to possess or use the portable gauges.
Gaston Engineering & Surveying, P.C. (EA-21-029)
On May 18, 2021, the NRC issued a Notice of Violation to Gaston Engineering & Surveying, P.C., for a severity level III violation. The violation involved possession and use of NRC-licensed byproduct material without a license as required by Title 10 of the Code of Federal Regulations (CFR) 30.3, “Activities Requiring License.” Specifically, from January 1, 2009, through February 26, 2021, Gaston Engineering and Surveying, P.C., received, possessed, and used two portable nuclear gauges without a specific license issued in accordance with 10 CFR 30.3.
LGC Global Corporation (EA-20-113)
On May 6, 2021, the NRC issued a Notice of Violation (NOV), and a Proposed Imposition of Civil Penalty in the amount of $22,500, through the exercise of enforcement discretion, to LGC Global Corporation (licensee) for a severity level III violation. Specifically, beginning July 22, 2019, the licensee possessed radioactive material without a license as required by 10 CFR 30.3 for two moisture density gauges and two hand-held x-ray analyzers. Further, consistent with the conditions of the NOV, the licensee completed proper transfer of the material and submitted appropriate documentation within 30 days of the NOV, and therefore, the civil penalty was not imposed.
Hart Crowser, Inc. (EA-20-151)
On March 25, 2021, the NRC issued a Notice of Violation to Hart Crowser, Inc., for a Severity Level III violation. The violation involved Hart Crowser’s failure to file NRC Form 241, "Report of Proposed Activities in Non-Agreement States," at least three days prior to engaging in licensed activities within NRC jurisdiction, as required by 10 CFR 150.20. Specifically, from August 14 through November 18, 2020, Hart Crowser, Inc., a licensee of the State of Washington, performed licensed activities for 73 days within NRC jurisdiction without filing the required documentation with the NRC.
CampCo Inc. (EA-20-084)
On February 11, 2021, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty (CP) in the amount of $75,000 to CampCo Inc., (Licensee) for nine Severity Level (SL) III violations grouped into four SL III violations and two SL III problems. The violations involved, primarily, the licensee’s failure: (1) to distribute tritium watches in accordance with its exempt distribution license as required by Title 10 of the Code of Federal Regulations (10 CFR) 32.14, (2) to provide complete and accurate information as required by 10 CFR 30.9, and (3) to comply with an alternative dispute resolution Confirmatory Order issued on June 20, 2016, as part of the previous escalated enforcement action (EA-14-080). Because of the repeated non-compliance and licensee’s poor performance history, a separate CP was assessed for each violation in accordance with the Enforcement Policy. Therefore, a total CP of $75,000, was proposed for eight of the nine violations ($15,000 each for three separate SL III violations and 2 SL III problems) to emphasize the importance of compliance with NRC requirements.
Western Soil, Inc. (EA-20-101)
On January 14, 2021, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $8,500 to Western Soil, Inc. This action is based on a Severity Level (SL) III violation involving an Order issued by the U.S. Nuclear Regulatory Commission (NRC) on July 8, 2019 (ML19184A099). The Order notified the licensee that Western Soil’s NRC License No. 52-21368-01 was revoked, effective 20 days from the date of the Order, unless within the 20-day period, the licensee paid all debts due to NRC. Because the licensee did not pay its debts, Western Soil’s license was revoked, and authorized activities were limited to decommissioning and to safe, secure storage, or transfer of material. Further, the licensee was required, within 60 days of the date of revocation, to dispose of or transfer to another authorized recipient all NRC-licensed material. Because the NRC’s primary interest in this matter remains ensuring that the licensee meets its obligation to properly decommission its facility, the NRC proposed to not impose the civil penalty if the licensee properly disposes of or transfers its licensed material within 60 days of the date of the Notice. On September 21, 2021, the NRC acknowledged the proper disposal of licensed material by Western Soil, Inc. on August 25, 2021. Therefore, the NRC did not impose the civil penalty.