ML19297C317
| ML19297C317 | |
| Person / Time | |
|---|---|
| Issue date: | 11/18/1980 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML19297C316 | List: |
| References | |
| NUDOCS 8012290561 | |
| Download: ML19297C317 (2) | |
Text
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Appendix A NOTICE OF VIOLATION Rockford Blacktop Construction License No.
12-17254-01 Company Based on the inspection conducted on November 4, 1980, it appears that certain of your activities were in noncompliance with NRC requirements, as noted below.
Items 1 and 2 are infractions, and items 3 and 4 are deficiencies.
1.
License Condition No. 12 requires that licensed material be used by a named individual, or under the supervision and in the physical presence of that named individual.
Contrary to the above requirement, it was determined through state-ments of licensee representative that this requirement is not being met.
S; ecifically, an individual not authorized under this license used licensed material at a construction site on October 10, 1980.
2.
License Condition No. 14A requires each sealed source containing licensed material be leak tested at intervals not to exceed six months.
Contrary to the above, sealed source Serial No. CC1377/CAA436 was not leak tested every six months.
Specifically, leak tests performed on October 20, 1977 and April 8, 1980, an interval in excess of the six month leak test requirement.
3.
10 CFR 19.11(a) and (b) require that current copies of Part 19, Part 20, license conditions, documents incorporated into the license, license amendments, and operating procedures be posted, or that a notice describ-ing these documents and where they may be examined, be posted.
10 CFR 19.11(c) requires that a Form NRC 3, " Notice to Employees," be posted.
10 CFR 19.11(d) requires that these documents or notices appear in a sufficient number of places to permit individuals engaged in licensed activities to observe them.
Contrary to this requirement, on the day of the inspection, November 4, 1980, neither the documents nor the notices were posted.
4.
10 Code of Federal Regulation (CFR) 71.5(a), " Transportation of Licensed Material," states in part, "No licensee shall transport any licensed material outside of the confines of his plant or other place of use.
unless the licensee complies with the applicable requirements to the regulations appropriate to the mode of transport, of the Department of Transportation in 49 CFR Parts 170-189.
in so far as such regulations relate to the packaging of byproduct,
.R O 1 S 29 Ohbf
f 1 fi bau Appendix A source, or special nuclear material, loading and storage of packages, placarding of the transportation vehicle.
10 CFR 71.5(b) states in part, "khen Department of Transportation regulations are not applicable to shipments of licensed material because the shipment or the transportation of the shipment is not in interstate or foreign commerce the licensee shall conform to the standards and requirements of the Department of Transportation specified in paragraph (a) of this section, to the same extent as if the shipment or transportation were an interstate or foreign commerce 49 CFR 172.200 states in part, "each person who offers a hazardous material for transportation shall describe the hazardous material on the shipping paper in the manner required by this subpart."
Contrary to the above requirements, licensee transported byproduct material without proper shipping papers.
Specifically, licensce's shipping papers did not contain the following required information:
a.
The proper shipping name, " Radioactive Material - NOS", 49 CFR 172.202(a)(1).
b.
The transport index assigned to each package, 43 CFR 172.203(d)(v).
c.
The category of the label applied to each package in the shipment, 49 CFR 172.203(d)(iv).
d.
The level of radioactivity contained in each package of the shipment, 49 CFR 172.203(d)(iii).