ML20028H623

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Notice of Violation from Insp on 901022.Violations Noted: Gauge Containing Byproduct Matl Sold to Private Citizen & Lower Township Municipal Utils Authority,Neither of Which Hold Specific License to Possess Matl
ML20028H623
Person / Time
Issue date: 01/03/1991
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20028H622 List:
References
REF-QA-99990001-910103 99990001-90-12, NUDOCS 9101110164
Download: ML20028H623 (2)


Text

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APPENDIX A NOTICE OF VIOLATION Cape May Cou'nty Municipal Utilities Authority Docket No. 99990001 Cape May Court House, New Jersey 08210 General License As a result of the inspection conducted on October 22, 1990, and in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C (Enforcement Policy) (1990), the following-violations were identified:

~

l A.

10 CFR 31.5(c)(8) requires that, except as provided in paragraph (c)(9) of this section, the licensee may transfer or dispose or devices containing by product material only by transfer to persons holdir.g a specific license pursuant to Parts 30 and 32 of this chapter or fre.a an-Agreement State, l

Contrary to the above,.on October 11, 1950, a gauge containing byproduct material were transferred in a manner not specified in-10 CFR 31.5(c)(8).

l Specifically, the gauges were sold to a private citizen and the Lower Township Municipal Utilities Authority neither of which hold a specific license to possess this material.

This is a Severity Level IV_ violation.

(Supplement IV)

B.

10 CFR 31.5(c)(3)(1) requires that installation, servicing, and removal from installation involving the radioactive materials, its shielding or containment be performed in accordance with instructions provided by the label.

The manufacturer's instructions on the label states that installation, _

i dismantling, relocation. repair, or tes61ng shall be performed by persons specifically licensed by NRC or an Agreement State.

Contrary to the above on an undetermined date in 1985, Cape May County 1

Municipal Utilities authority personnel dismantled two density gauges, containing radioactive materials.

This is a Severity Level IV violation.

(Supplement VI)

C.

10 CFR 31.5(c)(2) requires that devices containing byproduct material be tested for leakage of the radioactive material and proper operation of the i

on-off mechanism and indicator at no longer than six-month intervals or at such other intervals as are specified in the-label.

The manufacturers specifications require that leak-test be performed at three year intervals.

9101110164 910103 i

PDR GA999 ELOCPMAY 99990001 PDR OFFICIAL RECORD COPY ML DL CAPE MAY - 0003.0.0 12/12/90 BEnRN ORIGINAL TO -

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  • N BEGION I SUI 4

Appendix A 2

Contrary to the above, as of October 22, 1990 two Kay-Ray model 7063-P density gauges containing approximately 200 millicuries of cesium-137 had not been tested for contamination or leakage since October 1984 an interval exceeding manufacturer specifications.

This is a Severity Level IV violation.

(Supplement VI)

Pursuant to the provisions of 10 CFR 2.201, Cape May County Municipal Utilities Authority is hereby required to submit to this office within thirty days of the date of the letter which transmitted this Notice, a written statement or explanation in reply, including: (1) the corrective steps which have been taken and the results achieved; (2) corrective steps which will be taken to avoid further violations; and (3) the date when full compliance will be achieved.

Where good cause is shown, consideration will be given to extending this response time.

OFFICIAL RECORD COPY ML DL CAPE MAY - 0004.0.0 l

12/12/90

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