ML19282A103
| ML19282A103 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 04/12/1979 |
| From: | Reis E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 7905100372 | |
| Download: ML19282A103 (6) | |
Text
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UNITED STATE a%
+4 NUCLEAR REGULATORY COMMISSION j,I WASHINGTCN, D. C. 20555
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April 12, 1979
- ,,q ; g v.p al i's fQ Office of the Secretary of the
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Mr. Samuel J. Chilk, Secretary n ', '
Commission l-F=
U.S. Nuclear Regulatory Conmission N. 34 M Washington, D.C.
20555
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. w.,Q In the Matter of i%
Nuclear Engineering Company, Inc.
(Sheffield, Illinois Low-Level Radioactive Waste Disposal Site)
Docket No. 27-39
Dear Mr. Chilk:
By letter of April 2,1979, accompanying the NRC Staff's Response to Licensee's Motion for Emergency Action, we submitted an unsigned affidavit of Dr. Michael J. Bell. The letter indicated that although Dr. Bell had prepared the affidavit he had been called out of town on an emergency before he had an opportunity to sign it.
He has now signed the affidavit and we enclose copies of that affidavit at this time.
Sincerely, cMt Edwin J.
eis Assistant Chief Hearing Tounsel
Enclosure:
As Stated cc:
(w/ enclosure)
Cornelius J. Hollerich, Esq.
Alan S. Rosenthal, Esq.
Dean Hansell, Esq.
Richard S. Salzman, Esq.
Susan N. Sekuler, Esq.
Dr. W. Reed Johnson John M. Cannon, Esq.
Andrew C. Goodhope, Esq.
Robert Russell, Esq.
Dr. Linda W. Little Troy B. Conner, Jr., Esq.
Dr. Forrest J. Remick Mark J. Wetterhahn, Esq.
Scott Madson, Esq.
Atomic Safety and Licensing D. J. McRae, Esq.
Board Panel Docketing and Service Section Atomic Safety and Licensing Appeal Panel 790510037A
J UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NUCLEAR ENGINEERING COMPANY, INC.
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Docket No. 27-39
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(Sheffield,IllinoisLow-Level
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Radioactive Waste Disposal site)
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AFFIDAVIT OF MICHAEL J. BELL Michael J. Bell, being first duly sworn, deposes and says:
1.
I am Chief of the Low-Level Waste Branch of the Division of Waste Management of the Nuclear Regulatory Commission (NRC). The statements made herein are based upon my knowledge, and information available to me in my official capacity.
2.
Through my official duties I have become acquainted with the licensing actions, health and safety determinations, environmental procedures, and administrative proceedings undertaken by the Nuclear Regulatory Commission in its regulation of the low-level waste burial facility operated by Nuclear Engineering Company, Inc. (NEC0) near the town of Sheffield, Illinois. These statements supplement my earlier affadavits of March 31, 1978, November 29, 1978 and January 15, 1979.
3.
On March 9 and March 16, 1979, inspectors from NRC's Region III office visited the Sheffield site. The inspectors found that the d
. security fence was in need of repair, that the licensee was not providing site security, that the burial trench area contained sink-holes at several locations, and that the licensee had not been monitoring sumps in burial trenches and surface water runoff, as required by the license.
In the sinkholes in Trench 23, the inspectors observed buried waste that had become exposed.
4.
On March 8, 9,16 and 22 an inspector from the Illinois Department of Public Health (IDPH) visited the burial site.
This inspector also observed that the fence was in need of repair, observed sinkholes in Trenches 7, 14A and 23 and observed exposed waste containers.
External dose rate measurements on one 55 gallon drum that was exposed were measured to be 400 mr/hr. The inspector also noted that the sinkholes were becoming larger with time and that the site conditions were deteriorating.
5.
On March 19, 1979 I visited the site accompanied by K. Dragonette, Office of Nuclear Material Safety and Safeguards (NMSS),
J. M. Cutchin, IV, Office of the Executive Legal Director (ELD), and A. B. Davis, Office of Inspection and Enforcement (IE), Region III.
We observed sinkholes in Trenches 23, 24 and 25C, and erosion of slopes in severcl areas of the site.
Sinkholes in Trenches 23 and 24 were approximately five andsten feet deep, respectively. We were not able to inspect the sinkhole in the area of Trenches 7 and 14A because extremely muddy conditions made the way impassable.
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. 6.
On March 26, 1979, I was informed that inspectors from NRC and IDPH had detected water in sumps in Trenches 14A and 25C and that the concentration of radioactive materials in the water was in excess of maximum permissible concentrations (MPC) for release to unrestricted areas.
In particular, I was informed that the concentration of strontium 90 in tranch leachate in Trench 25C was 25 to 30 times MPC.
Trench 25C is adjacent to the eastern site boundary and is in an area of the site underlain by sand lenses which continue offsite onto NECO owned property.
7.
The presence of exposed waste presents several pathways for exposure of individuals to radiation in excess of NRC limits:
(1) radioactive material from a leaking package or soil contaminated by such leakage may be transported as particulate matter and be inhaled by NECO personnel on the adjacent site.
(2) The presence of defects in the trench cap would allow surface water to enter the burial trenches and leach radicactive materials from the wastes.
Such water may be released to the environment by transport over the surface of the site, if the trenches accumulate a sufficient quantity of water to overflow, or through the groundwater pathway by subsurface migratinn, (3) An intruder who entered the site through the damaged securi.ty fence could be overexposed by the uncovered waste.
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. 8.
In my affadavit of November 29, 1978 I stated that wastes already buried on the licensed 20 acre sita do not represent an imminent threat to public nealth and safety. The bases for this statement were, in
'part, that concentrations of radioruclides in leachates had not yet exceeded the limits of 10 CFR Part 20, and that trenches did not have standing water to soak the wastes. These two conditions have now occurred, and NRC concludes that it is likely that radioactive materials will migrate offsite in excess of the limits of 10 CFR Part 20 if corrective actions are not taken.
9.
On March 27, 1979, the Bureau County Court ordered NECO, in part, to repair 6nd maintain the security fence, to repair and maintain the security fence, to repair and maintain trench caps, and to pump all trenches dry, except Trench 18, and to collect and hold the water pumped from the trenches until directed otherwise or until an agreed upon disposal method is determined.
These actions, when completed, will alleviate any imminent hazard to public health and safety.
However, the site, in its present condition, will require permanent corrective measures to prevent recurrence of the situation.
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MICHAEL J. BJLL, Chief Low-Level Waste Branch U.S. Nuclear Regulatory Commission COUNTY OF MONTGOMERY
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STATE OF MARYLAND
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Subscribed and Sworn to before me this the h th day of (ph(, /9 '77 W are&<w M L 4,o
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