ML20028H625
| ML20028H625 | |
| Person / Time | |
|---|---|
| Issue date: | 12/13/1990 |
| From: | Taylor M, Jason White NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20028H622 | List: |
| References | |
| REF-QA-99990001-910103 99990001-90-12, NUDOCS 9101110170 | |
| Download: ML20028H625 (8) | |
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U.S. NUCLEAR REGULATORY COMMISSION REGION I Report No.
99990001/90-012 Dock,et No.
99990001 License No.
General Licensee Licensee:
Cape May County Municipal Utility Authority Cape May Court House, New Jersey 08210 Inspection Conducted:
October 22,1990 Mb> I64 WW4 Inspector:
4 MaMene J. T4ylof Heilth Physi.cist date L (
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Approved by:
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/onJ h R. White, Chief,
' date Nuclear Materials Safety Section C Insnection Summary: Special safety inspection conducted October 22,1990 (Inspection Report No. 99990001/90 01' Areas Inspected: Background and description of the gauge removals; interviews with personnel; and a tour of the facilities that stored the gauges.
Results: Three apparent violations were identified: transfer of licensed material in a manner not authorized by 10 CFR 31.5(c)(8) (section 4) ; removal of gauges containing radioactive sources by individuals not authorized to perform such operations by 10 CFR 31.5(c)(3)(i) (section 4); leak test of the sealed sources not conducted at three year intervals as required by 10 CFR 31.5(c)(2) (section 4).
9101110170 910103 PDR GA999 ELOCPMAY 99990001 PDR
DETAll3
' Personnel Contacted Cape May County Municipal Utility Authority William Cathcart, Chief, Operations & Maintenance Larry Kraemer, Supervisor, Ocean City Waste Water Treatment Plant Cape May County Department of Health
, Louis J. LaManna, Public Health Coordinator Raymond Chadwick, Jr., Chief Sanitary inspector Cape May County Emergency Management Bill Brannon, Deputy County Coordinator Cape May County Road Deoartment Wayne Broderick, Supervisor New Jersey Department of Environmental Protection John Feeney, Radiation Physicist New Jersev Bureau of Emergency Resnonse Paul Hewes, Duty Officer Ed Grant, Cape May County Purchasing Agent
- Indicates those present at exit interview.
2.
Scone of Onerations The Cape May County Municipal Utility Authority (MUA)is authorized by a general license as described in 10 CFR 31.5 to possess and use cesium 137 in scaled source form for the purpose of density measurements. The scaled sources are in gauges which were installed under the Kay Ray incorporated's NRC License No. 12-11184-
- 01. Each gauge contained 200 millicuries of cesium 137 when they were installed in approximately November of 1982.
3.
Notification Region I received notification from the New Jersey Department of Environmental Protection (NJDEP) on October 16,1990, that two Kay Ray Model 7063 P gauging l
devices each containing 200 millicuries of cesium 137 were inadvertently released by l
the Cape May County MUA to the public domain. The gauges which had been in
l l
j storage at the hiUA's Ocean City Waste Water Treatment facility were released and sold at a public auction at the Cape hiay County Airport on October 11,1990. One source holder and two detectors were purchased by a private citizen and the other source holder was purchased by the Lower Township hiunicipal Utility Authority and stored at their facility in Villas, New Jersey. Both the source holder and detectors purchased by the private citizen were returned to the airport on October 16,1990. A chronology of events is included as Attachment 1 to this report.
4.
, Descriotion of the incident The gauges were obtained as part of the Ocean City Waste Water Treatment Plant's construction project in November 1982 by the Fisher and Porter Comapny, Warminster, Pennsylvania. Information provided by Fisher and Porter to the licensee indicates that the Cape hiay County hiUA possessed Kay-Ray hiodel 3600F gauges (Source Head hiodel 7062P,7063P,7064P).
When in operation, the gauges were used to measure the density of liquid sewage sludge. The devices were in operation from 1982 until 1985. At that time they were removed from service. While in operation the devices were leak tested every three years as required by the manufacturer until 1984. From the period of 1984 to tne time of the inspection no leak test were conducted by the licensee. In 1985, the gauges were dismantled and placed in storage at the Ocean City facility by Cape hiay County MUA workers, and have remained in storage at the Ocean City facility from 1985 until the week of the auction. The dismantling of the gauges by hiUA employees is contrary to the manufacturer's instructions and regulatory requirements.
10 CFR 31.5(c)(2) requires that anyone possessing materialin a device pursuant to the general license shall assure that the device is tested for leakage of radioactive material at intervals no longer than is specified by the manufacture's label. The manufacturer requires that leak test of the 7063 P source holder be conducted at thirty-six month intervals. The licensee's failure to perform leak test of the gauges at the required frequency is an apparent violation of 10 CFR 31.5(c)(2).
10 CFR 31.5 (c)(3)(i) states 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, dismantling, relocation, repair, or testing shall be performed by persons specifically licensed by NRC or an Agreement State. The removal of the gauges by Cape hiay County hiUA employees, individuals not specifically licensed to perform such an activity is an apparent violation of 10 CFR 31.5(c)(3)(i).
According to Cape hiay County h1UA representatives an auction is held everv four to five years to sell surplus equipment that is held by the various county governments in the Cape hiay County area. In a memorandum from the Regional Supervisor, t
Ocean City Waste Water Treatment Facility to the Administrative Coordinator dated August 21,1990, the gauges were identified as surplus equipment that could be sold (Attachment 2). In this memorandum the gauges are listed as containing radioactive parts. The Administrative Coordinator then sent a listing of the equipment deemed surplus to the Purchasing Agent in a memorandum dated September 18,1990, but failed to mention that the gauges contained radioactive parts (Attachment 3). This memorandum was also provided to the auction company.
On or about October 9,1990, the gauges were loaded and shipped by Ocean City Waste Water Treatment Facility personnel to the auction site (Everlon Building,
, Cape May Airport Industrial Park). Prior to the sale personnel from the auction company rearranged equipment into lots. The two control panels, one source holder and two detectors, and the remaining source holder were seperated into three different lots. The auction took place on October 11,1990. During the auction the two control panels, one source holder and two detectors were purchased by a private citizen. The other source holder was purchased by the Lower Township Municipal Utilities Authority.
10 CFR 31.5(c)(8) requires that the device containing byproduct material can only be transferred to a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State, or to another general licensee pursuant to the requirement in 10 CFR 31.5(c)(9). The transfer of the gauges to unauthorized individuals is an apparent violation of 10 CFR 31.5(c)(8).
On October 16,1990, the private citizen's son-in-law returned the source holder and the two detectors to the Everlon Building and informed the Cape May County Road Department Supervisor of the returned equipment. The son-in law stated that " he did not like the looks of the one piece of equipment"(the source holder) because it had a radioactive material label affixed.
The Road Supervisor contacted the Purchasing Agent to inform him that equipment from the auction had been returned and that one item was labelled with a radioactive sign.
The Deputy County Coordinator for Emergency Management was then contacted to perform a survey of the source holder. This individual went to the airport and performed a radiation survey on the returned source holder using a Ludlum Model 17 survey meter and observed the following measurements: 1.5 millirad on the surface of the holder, and no detectable activity three feet from the device. The Deputy County Coordinator contacted the Cape May Department of Health regarding the returned piece of equipment and requeswd assistance.
A Senior Sanitary Inspector was dispatched to the airport. The Senior Sanharv Inspector notified the New Jersey Bureau of Emergency Response, who in turn notified the NJDEP of the incident. NRC Region I received.,otificion of the incident from the NJDEP in the afternoon of October 16,1990.
At the request of the Deputy County Coordinator, the source holder, which was I
located on a wooden pallet, was moved from the parking lot of the Everlon Building using a fork lift, placed in a grassy area away from the parking lot, and barricaded.
It remained in this location for three to four hours. The source holder and pallet were then transferred to inside the building until its retrieval on October 20,1990.
This building is an unoccupied county owned facility that is secured.
The second source holder was located at the Lower Township MUA facility in Villas, New Jersey on October 16, 1990.
Surveys conducted by the Deputy County Coordinator for Emergency Management measured 2.0 millirad on the surface of the
, holder and no detectable activity three feet away. The equipment was stored under a traffic barrel in a three sided utility shed until its retrieval on October 20,1990.
Both of the source holders and detectors were retrieved on October 20.1990, by an Ocean City Waste Water Treatment facility worker and a Cape May County Department of Health inspector; and were returned to the Ocean City Waste Water Treatment plant. The Cape May County MUA is currently arranging for their disposal with the gauge manufacturer.
5.
Tour of Facilities During the course of the inspection on October 22,1990, the inspector made a visual inspection of the Everlon Building, Lower Township MUA facility, and the Ocean City Wastewater Treatment facility. The inspector observed the two source holders and detectors stored at the Ocean City facility.
6.
Measurements Ambient radiation surveys and wipe tests for removable contamination were performed by the inspector at each of the three facilities. All levels of radiation detected were at background levels.
l 7.
Exit interview The inspector met with the person denoted in paragraph 1 and summarized the purpose and scope af the inspection and the apparent violations identified.
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ATTACHMENT 1 Chronolocv Of Events Surrounding The Unauthorized Sale Of The Kav Rav Gauges 10/9/90 Removal and transport of the gauges from Ocean City Waste Water Treatment Facility to the Cape May County Airport Industrial Park for the auction.
10/10/90 Auction Company redistributes equipment into three different lots.
10/11/90 Auction held at the Everlon Building, Cape May County Airport Industrial Park.
Equipment purchased by private citizen and Lower Township Municipal Utility Authority.
10/16/90
@ 9:00 a.m. Source holder returned by private citizen to site of auction Mr.
Wayne Broderick notified.
10/16/90 9:45 a.m. Mr. Broderick contacts Mr. Ed Grant, Purchasing Agent for Cape May County regarding the returned gauge.
10/16/90
@ 9:45 a.m. Mr. William Deaver, Purchasing Agent for the Cape May County MUA contacted by Mr. Grant. Mr. Deaver goes to the auction site to verify that the gauge belongs to Cape May County MUA.
10/16/90
@ 9:47 a.m. Mr. Bill Brannon, Cape May County Emergency Management, contacted by Mr. Grant to perform a radiation survey of the returned gauge.
Mr. Bill Aber and Mr. Brannon travel to airport industrial park to perform the survey.
10/16/90 10:50 a.m. Mr. Brannon contacts the Cape May County Department of Health and requests assistance.
10/16/90 11:00 a.m. Mr. Deaver calls Mr. William Cathcart, Chief, Operations &
Maintenance Cape May County MUA and informs him that the gauge may belong to MUA.
10/16/90 11:10 a.m. Joan Thaler, Senior Sanitary Inspector, Cape May County Department of Health meets with Mr. Bill Aber and Mr. Brannon.
10/16/90 11:15 a.m. Mr. Cathcart calls Mr. Larry Kraemer, Supervisor, Ocean City Waste Water Treatment to see if the gauges were transferred to the auction site. Mr. Kraemer verifies that they were transferred.
10/16/90 11:55 a.m. Joan Thaler notifies NJ Bureau of Emergency Response
10/16/90 12:30 p.m. Mr. Grant informed that I source holder was missing.
10/16/90 1:00 p.m. Mr. Grant reviews auction receipts and contacts the purchaser of the one source holder to arrange for the person's home to be surveyed to verify that he does not possess the other source holder.
10/16/90 1:00 p.m. Mr. John Feeney, NJDEP, notified by the NJ Bureau of Emergency Response of the incident 10/16/90 2:00 p.m. Mr. John Feeney, NJDEP, notifies NRC Region I 10/16/90 3:00 p.m. Mr. Kraemer phones Mr. Cathcart and informed him that the other gauge has been located at the Lower Township Municipal Utilities Authority.
10/17/90 Mr. Cathcart searches archives and finds the manual for the gauges.
10/18/90 Cape May County MUA decides to take both gauges back into custody because of press interest. Told by Health Department that they can not have the gauges because they are not a licensed hauler.
10/19/90 10:15 a.m. Mr. Cathcart calls Mr. Ray Chadwick wanting to know what the MUA has to do to get the gauges back. Mr. Chadwick said he would call Mr.
Cathcart back after he spoke to Ms. Thaler, 10/19/90 3:00 p.m. Mr. Chadwick and Ms. Thaler call Mr. Cathcart and inform him that MUA can take possession of the gauges if they receive NJDEP or NRC approval to do so.
10/19/90
@ 3:15 p.m. Mr. Chadwick contacts Mr. John Feeney of NJDEP requesting permission to take possession of the gauges. Mr. Feeney informs him to contact the NRC.
10/19/90
@ 3:30 p.m. Mr. Chadwick contacts Mr. Frank Costello, NRC Region I, seeking permission to take custody of the gauges. Mr. Costello refers him to John White, NRC Region I. Mr. White informs Mr. Cathcart that since the MUA is the licensee they are responsible for the safety security of the gauges and that they are the only one licensed for the possession of the gauges.
10/19/90
@ 3:45 p.m. Mr. Cathcart calls the Department oh Health and informs them that he has received NRC approval to take custody of the gauges.
10/19/90
@ 4:00 p.m. Mr. Chadw?k contacts Mr. Cathcart and informs him that the MUA can remove the gauga if the Health Department receives a letter from the MUA removing them any liability.
10/20/90 10:00 a.m. Mr. Kraemer and Mr. Chadwick remove the gauges from the I
P Lower Township MUA and the Everlon Building at the Cape May County Airport Industrial Park and transport them to the Ocean City Waste Water Treatment Facility.
10/22/90 NRC inspector verifies that the gauges have their shutters in the closed position and are locked. Gauges are located in the northeast corner of the north tunnel at the Ocean City facility.
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