ML19341C427
| ML19341C427 | |
| Person / Time | |
|---|---|
| Issue date: | 02/02/1981 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML19341C421 | List: |
| References | |
| EA-81-014, EA-81-14, NUDOCS 8103030402 | |
| Download: ML19341C427 (4) | |
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Appendix A NOTICE OF VIOLATION AND PROPOSED IMPOSITIDII OF CIVIL PENALTIES Burnside Steel Foundry Company License No. 12-03681-01 EA-81-14 This Office has considered the enforcement options available to the NRC including administrative actions in the form of written notices of violation, civil monetary penalties, and orders pertaining to the modification, sus-pension or revocation of a license.
Based on these considerations, we propose civil penalties pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (42 USC 2282) and to 10 CFR 2.205, in the cumulative amount of Two Thousand Six Hundred Fifty Dollars for the specific items of noncompliance set forth below.
In proposing to impose civil penalties pursuant to this Section of the Act and in fixing the proposed amount of the penalties, the factors identified in the Statements of Consideration published in the Federal Register with the rulemaking action which adopted 10 CFR 2.205 (36 FR 16894) August 26, 1971, and the " Criteria for Determining Enforcement Actions," which was sent to NRC licensees on December 31, 1974, have been taken into account.
1.
10 CFR 34.31 states that the licensee shall not permit any individual to act as a radiographer until such individual has been instructed in and demonstrated an understanding of the subjects outlined in Appendix A of 10 CFR Part 34.
Further, License Condition 14 requires the licensee to possess and use licensed material in accordance with statements, representations and procedures contained in application dated January 22, 1975 and certain referenced documents.
One of these documents, Burnside's Radiation Safety Program Manual establishes requirements for qualifying personnel as Radiographers' Assistants and Radiographers, Oualifications of Personnel, Section 3.1.
Additionally, a training programisoutl1;ned,4.0TrainingofRadiographersandRadiographers' Assistants and is required cefore eacn trainee will be qualified as a Radiographers' A3sistants Section 4.4.2 (a minimum of four weeks of "on-the-job" training) or Radiographer, Section 4.4.3 (completion of formal training by Radiographer's Assistant at Technical Operations School).
Contrary to the above, a review of the licensee's Utilization Log showed two individuals who had not completed the licensee's training program nor had they been instructed in and demonstrated an under-standing of the subjects outlined in Appendix A of 10 CFR Part 34, worked as radiographers during various periods since April 1980.
Specifically, one individual worked between April 11, 1980 and l
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Appendix A (ContinuGd September 25, 1980, and the other worked between June 20, 1980 and July 18, 1980.
This is an infraction.
(Civil Penalty - $1,000) 2.
10 CFR 34.43(b) states that a survey with a radiation survey instrument shall be made after each radiographic exposure to determine that the sealed source has been returned to its shielded position.
The entire circumference of the radiographic exposure device shall be surveyed.
If the radiographic exposure device has a source guide tube, the survey shall include the guide tube.
Contrary to the above, according to statements by the licensee's Radiation Safety Officer, radiation surveys conducted after each radiographic exposure never specifically_ included the guide tube of each radiographic exposure device.
This is an infraction.
(Civil Penalty - $500) 3.
10 CFR 34.28(b) states in part that the licensee shall conduct a program for inspection and maintenance of radiographic exposure devices, storage containers, and source changers at intervals not to exceed three months.
Contrary to the above, quarterly inspections and maintenalce of radio-graphic exposure devices have not been performed since December 13, 1979.
This is an infraction.
(Civil Penalty - $500) 4.
10 CFR 34.26 states in part that each licensee shall conduct a quarterly physical inventory to account for all sealed sources received and possessed under his license.
Contrary to the above, inventories have not been performed since the last reinspection on February 1, 1977.
This is an infraction
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(Civil Penalty - $500) 5.
10 CFR 20.408 states in part that when an individual terminates employment, a report of the individual's exposure to radiation shall be furnished to the Commission within 30 days after the exposure of the individual has been determined by the licensee or 90 days after tne date of termination of employment, whichever is earlier.
Appendix A (Continued) Contrary to the above, the licensee at the time of the inspection had not furnished the required report to the Commission for an individual whose employment was terminated in March 1980.
This is a deficiency.
(Civil Penalty - $50) 6.
10 CFR 19.13(d) states in part that when a licensee is required pursuant to 10 CFR 20.408 to report to the Commission any exposure of an individual to radiation, the licensee shall also provide the individual a report of his exposure.
Contrary to the above, the licensee did not provide the required report to a radiographer whose employment was terminated in March 1980.
This is a deficiency.
(Civil Penalty - $50) 7.
10 CFR 20.407 states in part that the licensee shall submit to the Commission within the first quarter of each calendar year a report of exposures recorded for each individual for whom personnel monitoring was provided during the previous calendar year.
Contrary to this requirement, as of October 1,1980, no reports were submitted oy the licensee for the calendar years 1977, 1978, and 1979.
This is a deficiency.
(Civil Penalty - $50)
Pursuant to the provisions of 10 CFR 2.201, Burnside Steel Foundry Company is hereby required to submit to this office within twenty-five days of the date of this Notice, a written statement or explanation in reply, including for each alleged item of noncompliance (1) admission or denial of the alleged item of noncompliance; (2) the reasons for the item of noncompliance if admitted; (3) the corrective steps which have been taken and the results achieved; (4) corrective steps which will be taken to avoid further noncompliance; and (5) the date when full compliance will be achieved.
Under the authority of Section 182 of the Atomic Energy Act of 1954, as amended, this response shall be submitted under oath or affirmation.
Burnside Steel Foundry Company may, within twenty-five days of the date of this notice pay the civil penalties in the amount of Two Thousand Six Hundred Fifty Dollars or may prota t the irroosition of the civil penalties in whole or in part by a written answer.
Shculd Burnside Steel Foundry Comp,.ny fail to answer within the time specified, this office will issue an order imposing the civil penalties in the amount proposed above.
Should Burnside Steel Foundry Company elect to file an answer protesting the civil penalties, such answer may (a) deny the items of noncompliance listed in the Notice of Violation in whole or in part, (b) demonstrate extenuating circumstances, (c) show error in the Notice of Violation, or (d) show other reasons why the penalties snould
App;ndix A (Continued) 4-not be imposed.
In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penalties. -Any written answer in accordance with 10 CFR'2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific reference (e.g., giving page and paragraph numbers) to avoid repetition.
Burnside Steel Foundry Company's attention is directed to the other provi-sions of 10 CFR 2.205 regarding, in particular, the failure to answer and ensuing orders; answer, consideration by this office, and ensuing orders; requests for hearings, hearings and ensuing orders; compromise, and collection.
Upon failure to pay any civil penalty due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, the matter may be referred to the Attorney General, and the penalties, unless com-promised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Atomic Energy Act of 1954, as amended (42 USC 2282).
7 Victor S f o, J Director Office of Inspection and Enforcement Dated at Bethesda, Maryland this 2nd day of February,1981 i
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