ML20052C481
| ML20052C481 | |
| Person / Time | |
|---|---|
| Issue date: | 04/12/1982 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML20052C480 | List: |
| References | |
| EA-82-045, EA-82-45, NUDOCS 8205050030 | |
| Download: ML20052C481 (3) | |
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APPENDIX NOTICE OF VIOLATION AND PROPOSED IMPOSITIUR OF CIVIL PENALTY Consolidated X-Ray Service Corporation License No.
42-08456-02 l
P.O. Box 20195 EA 82-45 Dallas, Texas 75220 As a result of inspections conducted at your Woodbridge, New Jersey facility on December 15, 1981 and January 18, 1982 and at a field site in Paulsboro, New Jersey on November 25, 1981, it appears that several violations of NRC requirements have occurred.
One violation, concerning failure to maintain l
control of licensed material, resulted in the loss of a~ radiographic exposure i
device on January 15, 1982.
This violation had tha potential of unnecessarily exposing members of the public to radiation.
To emphasize the need for licensees to provide proper control of radioactive l
sources which have a high potential for serious exposure to workers and members of the general public, the Nuclear Regulatory Commission proposes the imposition l
of a civil penalty in the cumulative amount of Four Thousand Dollars for this j
matter.
In accordance with the NRC Enforcement Policy (10 CFR Part 2, Appendix C) 47 FR 9987 (March 9, 1982), and pursuant to Section 234 of the Atomic Energy Act I
of 1954, as amended ("Act"), 42 U.S.C. 2282, PL 96-295, and 10 CFR 2.205, the l
particular violation and the associated civil penalty is set forth in Section I below:
I.
CIVIL PENALTY VIOLATION l
10 CFR 34.23 requires that locked radiographic exposure devices and storage containers be physically secured to prevent tampering with or removal by unauthorized personnel.
Condition 17 of License 42-08456-02 requires that licensed material be used in accordance with the procedures in the application dated March 28, 1979.
In the section of those procedures entitled " Transportation of Radiographic Devices" it requires that no device be moved unless all safety plugs are inserted, the device is locked, and the device is secured to the vehicle during transportation.
Contrary to the above, on January 15, 1982 a radiographer at a field site in Oil City, Pennsylvania transported a radiography device, containing 24 curies of iridium-192, which did not have the rear safety plug inserted and was not secured to the vehicle.
In addition, although the device was locked, the key was left in the lock, defeating the purpose of the lock.
This is a Severity Level III Violation (Supplement VI)
(Civil Penalty $4,000) 8205050030 820412 NMS LIC30 42-08456-02 PDR
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Appendix.
II.
VIOLATIONS NOT ASSESSED CIVIL PENALTIES A.
10 CFR 34.43(b) requires that a physical radiation survey 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 must be surveyed and if the device has a source guide tube, the survey must include the entire length of the guide tube.
Contrary to this requirement, on November 25, 1981 at a field site in Paulsboro, New Jersey one of your radiographers failed to perform a survey that was adequate to determine that the sealed source had returned to its shielded container.
A survey which was intended to meet this requirement was performed, but was inadequate in that it did not include the entire circumference of the exposure device and the entire length of guide tube.
This is a Severity Level IV Violation (Supplement VI)
B.
10 CFR 34.33(a) requires that dosimeters worn by individuals performing radiography be recharged at the start of each shift.
Contrary to this requirement, on November 25, 1981 an individual performed radiography at a field site in Paulsboro, New Jersey without recharging his dosimeter at the start of the shift.
This is a Severity Level V Violation (Supplement VI)
C.
10 CFR 34.33(c) requires that pocket dosimeters be checked at intervals not to exceed one year for correct response to radiation.
Contrary to this requirement, as of December 15, 1981 you have failed to perform the required check for correct response to radiation on pocket dosimeters used at your facility.
This is a Severity Level V Violation (Supplement VI)
Pursuant to the provisions of 10 CFR 2.201, Consolidated X-Ray Service Corporation is required to submit to this office within thirty days of the date of this Notice, a written statement i r exalanation including for each alleged violation:
(1) admission or denial cf tto alleged violation; (2) the reasons for the violation if admitted; 'll 155 corrective steps that have been taken and the results achieved; (41 tse g s ctive steps that will be taken to avoid further e
violations; and (5) tra date uden full compliance will be achieved.
Consideration may be given to extendfng the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
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Appendix Within the same time provided for the response required above under 10 CFR 2.201, Consolidated X-Ray Service Corporation may pay the civil penalty in the cumulative amount of Four Thousand Dollars ($4,000) or may protest imposition o' the civil l
penalty in whole or in part by a written answ6r.
Should Consolida).f F-Ray l
Service Corporation fail to answer within the time specified, this o). !w will issue an order imposing the civil penalty in the amount proposed above.
@ uld Consolidated X-Ray Service Corporation elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such an answer may (1) deny the violations listed in this Notice in whole or in part; (2) demonstrate extenuating circumstances; (3) show error in this Notice; or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the five factors contained in Section IV(B) of 10 CFR Part 2, Appendix C should be addressed.
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 incorp' orate by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.
Consoli-i dated X-Ray Service Corporation's attention is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due, which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.
FOR THE NUCLEAR REGULATORY COMMISSION
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!h Richard C. D Yo frector Office of +1sispection and Enforcement Dated at Bethesda, Maryland this 12 day of April 1982
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