ML20053B643
| ML20053B643 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1981 |
| From: | Howell J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Alderson C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| Shared Package | |
| ML20053B640 | List: |
| References | |
| FOIA-82-201 NUDOCS 8206010095 | |
| Download: ML20053B643 (14) | |
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UNITED STATES l
NUOLEAR REGULATORY COMMISSION
.E REGION ;i
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101 Mr.NETTA ST N.W.. SUITE 3100 g
AT LAf.? A. G EORGI A 30303 APR S 1886 MEMORANDUM FOR:
Carl E. Alderson, Director, Enforcement and Investigations Staff FROM:
Jerry C. Howell, Regional Investigator
SUBJECT:
ILLEGAL DISPOSAL 0F RADI0 ACTIVE WASTE IN UNICOI COUNTY, TENNESSEE (REFERENCE CASE 2F004) l This refers to the memorandum of February 12, 1981 to you from l
J. Philip Stohr, requesting an investigation into concerns of possible l
illegal and hazardous disposal of radioactive waste in Unicoi County, j
As you are aware, this matter most likely falls within the jurisdiction l
of the State of Tennessee; however, the proximity of the Nuclear Fuel Services facility to the area in question warranted the attention of Region II. At your direction, an inquiry into these concerns was initiated l
on February 23, 1981 and concluded on March 6, 1981.
The scope and details of that inquiry are submitted as an enclosure to this memorandum.
l Based on the information gathered to date, no positive indication of radioac.tive materials has been established to substantiate concerns of illegal radioactive waste disposal.
In view of these findings and the results of radiological analyses conducted by the State of Tennessee, as discussed in the enclosure it does not appear that further investigative ~
effort is warranted.
Jerr C. Howell l
Enclosure:
Summary of Inquiry 820 6 010 Dij
ENCLOSURE
SUMMARY
OF INQUIRY I.
INTRODUCTION The Bumpass Cove Sanitary Landfill, a 110 acre site located in Unicoi County, four miles east of Erwin, Tennessee began operations for solid waste disposal in July 1972.
In July 1979 the landfill was c!nsed amid allegations of toxic waste burials, pending legal actions, and direct confrontation by local area residents. The landfill is currently leased by Waste Resources of Tennessee, Inc.,
a subsidiary of Waste Resources International, Fililadelphia, Penn-sylvania.
On February 11, 1981, Region Il received a letter from Individual A, a resident of Erwin, Tennessee, outlining concerns of radioactively contaminated waste being illegally buried at the Bumpass Cove landfill.
This letter identified two individuals believed to be knowledgeable of illegal _ burials and willing to discuss the matter with NRC representatives.
On February 18, 1981, a Region II investigator contacted Individual A to establish an interview date regarding his concerns.
During a subsequent meeting on February 23, 1981 Individual A provided the name of one additional individual believed to be both knowledgeable of the subject matter and willing to meet with NRC personnel.
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II.
SCOPE OF INQUIRY An inquiry was initiated on February 18, 1981, under the authority provided by Section 161.c of the Atomic Energy Act of 1954, as amended, to determine the circumstances surrounding the concern of illegal radioactive waste burials at the Bumpass Cove Sanitary Landfill located in Unicoi County, Tennessee.
This inquiry included interviews of the individual initially expressing concerns to Region II; three individuals identified in relation to those concerns; personnel residing in the proximity of the landfill; prior employees of the landfill; a private contractor for transportation of nuclear materials; and representatives of the State of Tennessee.
Additionally, during the conduct of this inquiry, one concerned individual contacted the investigator requesting to be interviewed.
A total of 13 individuals were interviewed.
Two unsworn statements were taken on the basis that the individuals had been identified as possessing knowledge of specific acts.
One unsworn statement was taken on the basis that the individual provided information directly related to this inquiry.
This inquiry included reviews of the results of radiation surveys conducted at the Bumpass Cove landfill site on July 24, 1979 and March 3, 1980 by the Tennessee Department of Public Health.
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III. INDIVIDUALS CONTACTED Individuals A through K l
Hugh Bellamy, Regional Director, First Tennessee Regional Public Health Office W. (Bill) Graham, Director, Division of Radiological Health (Tennessee) t f
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IV.
INQUIRY EFFORTS AND FINDINGS 1.
Conduct of Inquiry Jerry C. Howell, Regional' Investigator, was present in the.
vicinity of Erwin, Tennessee on February 23-27, and March 5-6, 1981 to determine the facts and circumstances surrounding concerns that radioactive wastes may have been illegally buried at the Bumpass Cove Sanitary Landfill.
2.
Interview of Individual A On February 23,.1981, Individual A was interviewed at his office in Erwin, lennessee.
Individual A's attention was specifically directed to his letter of February 5,1981 to Region II expressing his concerns of possible illegal radio-active waste burials at Bumpass Cove.
He was requested to describe in detail his specific knowledge regarding illegal burials and to provide any additional names or information believed to be pertinent to this inquiry.
Individual A was advised that the identity of anyone providing such information would be held in confidence if requested.
He st.ated that he became interested in the Nuclear Fuel Services (NFS) facility in Erwin because of the " releases" occurring during August 1979 and he has been attempting to "get to the bottom of what is going on out there."
He stated that he does not possess personal knowledge of illegal radioactive waste burials but that his concerns are based on what he "has been told".
He further stated that as a result of what he has heard,- he believes waste material originated at the NFS f acility during the "early 1960's and during the period 1970-74" and was illegally buried at the Bumpass Cove Sanitary Landfill.
He stated that he is afraid "Bumpass Cove is another New York Love Canal."
Although r:ot personally knowledgeable of illegal. burials, he stated that the two individuals identified in his letter of February 5,1981 were aware of " trucks with radioactive markings" dumping materials in the middle of the night. Additionally, he furnished the name of a third individual, Individual D, whom he believed to be knowledgeable of illegal burials.
Finally, he emphasized the need for confidentiality regarding the identity of individuals providing information concerning this matter. He related that following an Erwin town meeting at which the NFS facility was the primary subject, he began receiving obscene and threatening anonymous telephone calls referencing his " efforts to find out what is going on at NFS."
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3.
Interview of Individual B On February 24, 1981, Individual B, a resident of the Bumpass Cove area, was interviewed regarding his knowledge of illegal contaminated waste burials. He had been specifically identified by Individual A as an individual possessing information pertinent to this inquiry.
He related that he did not have any firsthand knowledge of radioactive waste burials at the landfill. He stated that information possessed by him was relayed from other sources, primarily from Individual L, now deceased.
He said he had been told by Individual L that in September 1975, a van-type truck with signs indicating the contents were radioactive entered the landfill during early morning hours and unloaded its contents.
He stated t'lat Individual L indicated the landfill gate was locked and that tlie driver used a key to gain entry.
When asked for additional examples of incidents, he recalled a second occasion in which he was told by an individual that two other personnel had observed two trucks with " radioactive markings" on the Bumpass Cove road at approximately 4:00 a.m.
on an unknown date.
In response to a question concerning the ownership, operators, or originating point of the vehicles described in either incident, he could furnish no additional information.
He did express his desire to obtain information regarding any materials that may have been placed in the landfill.
He indicated that he was currently a member of the Bumpass Cove Citizens Group, Inc., a local organization dedicated to the
" betterment of the community and cleanup of the landfill". He further indicated that this group was presently involved in legal proceedings with the landfill operators regarding toxic wastes.
He questioned the possibility of excavating the l
landfill to see what materials were present.
He was advised that this inquiry was being conducted to determine if radio-l active materials had been placed in the landfill and to determine the source of those materials if they are found to exist.
The investigator emphasized that currently no consideration was being given to excavation and any further actions by the NRC would depend on the findings of this inquiry.
4.
Interview of Individual C On February 24, 1981, Individual C, a resident of the Bumpass l
Cove area, was interviewed regarding his knowledge of illegal l
radioactive waste burials.
He had been specifically identified by Individual A as an individual possessing information pertinent to this inquiry.
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He related that he did not have any personal knowledge of contaminated waste burials at the Bumpass Cove Sanitary Landfill.
He stated that he had been told of an incident by Individual L that might possibly involve dumping of radio-active waste.
He recalled. Individual L discussing an event that occurred in September 1975 in which he observed a
" closed-container truck" on the Bumpass Cove Road.
The truck was marked with the words " Danger-Radioactive Material" and a symbol described as a " triangle with a circle around it."
He did not remember Individual L mentioning the colors of the l
symbol.
He stated that Individual L followed the truck to the landfill, observed the driver. unlock the gate, and drive into the landfill.
He stated that the vehicles license plate was bent in half preventing Individual L from obtaining the license number.
When questioned concerning the identity of individuals operating -
the vehicle or to its origin, he could furnish no additional l
information.
5.
Interview of Individual E Individual E, a resident of the Bumpass Cove area, was interviewed regarding his knowledge of illegal radioactive waste burials.
In essence, he provided similar information obtained in previous interviews with Individual B and Individual C regard-ing a ehicle observed at the landfill in September 1975. He stated that he did not actually see the vehicle but learned of it from Individual L.
When questioned concerning the origin or operators of the vehicle in question, Individual E was unable to provide further information.
I In response to questions regarding additional knowledge of contaminated materials at Bumpass Cove, he stated that on'one occasion while at the landfill, he observed several aluminum pipes that had been discarded.
He related that he was told.by someone at the site to stay away from them be:ause they were
" hot".
He revealed that he obtained no further'information concerning the pipes or the term " hot" other than to observe
" waves" similar in appearance to heat waves emanating from them.
He was unsure of the date of this occurrence or of who described the pipes as " hot".
6.
Interview of Individual F Individual F, a resident of the Bumpass Cove area, was identified to the investigator during a previous interview as possessing personal knowledge of an incident possibly involving radioactive material at the Bumpass Cove Landfill site.
On February 24, 1981, he was interviewed regarding that incident.
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He related that he could not recall the exact date but at 4:00 a.m. during a morning in September 1975, he was awakened by Individual L.
He was advised by Individual L that a truck had just passed driving toward the Bumpass Cove landfill.
He stated that they immediately departed the house, followed the truck, and observed it stop at the landfill gate.
He stated that the vehicle driver apprnached and unlocked the gate, drove the truck inside, and then relocked the gate.
Continuing with the sequence of events, he and Individual L drove to a location adjacent to the landfill where they observed the truck headlights proceeding through the landfill and eventually stop. Approximately 60-90 minutes later the truck returned through the gate initially entered. He stated that be and Individual L followed the vehicle in the opposite direction of Erwin, Tennessee to the intersection of State Roads 107-81 where it stopped in the parking lot of a small country store.
He explained that the time was approximately 6:00 a.m. and there was now sufficient daylight to see the vehicle clearly.
He described the vehicle as "a double axle tandem truck with a closed-in, roll-off container". The
" roll-off container" was also described as a " dump type trailer".
He continued to say that he observed a small triangle inside a circle on the b;ck of the truck with the words " Dangerous-Radioactive Material".
The license plate was bent in half, from the bottom toward the top, and neither he nor Individual L wera able to obtain a license number.
He related that he and Individual L thea returned home and were not aware of the trucks disposition from that point.
He further indicated that Individual L had made a note of the incident which may have contained more specific info'mation r
but that the note cannot be located.
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7.
Meeting with the Regional Director, First Tennessee Regional l
Public Health Office l
l On February 25, 1980, the investigator met with.Mr. Hugh Bellamy, the Regional Director, First Tennessee Regional Public Health Office, at his office in Johnson City, Tennessee.
l A general discussion ensued regarding the Bumpass Cove Sanitary 1
Lar.dfill.
Mr. Bellamy related that he has never received factual indications that the landfill contains radioactive materials.
He indicated that the Tennessee Health Office did limited excavation of the landfill in January 1980 at the
'nsistance of local residents.
He explained that barrels containing petroleum based solvents were found in the landfill and that periodic tests are conducted of ground wqter and a surface stream to detect toxic compounds.
He continued, saying that on at least two occasions representatives of the l
Tennessee Health Department had collected water samples at the l
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s landfill to determine levels of radioactivity.
Mr. Bellamy stated that he recalled no indications of abnormal radioactivity resulting from the surveys.
He referred the investigator to the Tennessee Division of Radiological Health in Nashville for the actual survey results.
Mr. Bellamy expressed his belief that the landfill is currently stable and does not reflect a health hazard to the residents.
He pointed out that surveys to detect toxic compounds are continuing and the entire situation at Bumpass Cove remains under review by the State of Tennessee.
8.
Telephone Conversation with the Di, rector, Tennessee Division of Radiological Health On February 25, 1981, the Director, Tennessee Division of Radiological Health, Mr. Bill Graham, was contacted at his office in Nashville, Tennessee.
When advised of the purpose of this inquiry Mr. Graham revealed that his Division had received similar reports of contaminated waste at Bumpass Cove during the early part of 1980.
He continued to say that as a result of these allegations his office had conducted a radiation survey at the landfill and collected water samples from sampling wells in the local area.
Additionally, Mr. Graham's office had conducted radio-logical analyses of water samples in July 1979 following flood conditions at the landfill.
He stated that on b0th occasions, the results reflected radiological activity that was considered to be normal concentrations.
Mr. Graham pointed out that the Division of Radiological Health had not substantiated any allegations of illegal radio-active waste burials at Bumpass Cove and surveys conducted by his office had not detected abnormal levels of radioactivity.
As a result, there is no established program for continuing radiological surveys of the Bumpass Cove area on a routine basis.
At the request of the investigator, Mr. Graham agreed to provide Region II with the results of radiological analyses conducted at the Bumpass Cove landfill.
9.
Interview of Individual D On February 26, 1981, Individual D was interviewed regarding his knowledge of illegal radioactive waste burials:
He had been identified by Individual A as an individual possessing information pertinent to this inquiry.
He expressed a concern regarding stories he has heard over a period of years referring to unsafe operations at the Nuclear Fuel Services facility and of waste material mishandling.
He readily admitted however, that he did not have any personal knowledge of illegal radioactive waste burial; at the Bumpass Cove Sanitary Landfill.
He related that he had been told of contaminated waste that originated at Nuclear Fuel Services, destined for disposal at Barnwell, South Carolina, but was taken to the Bumpass Cove Landfill for burial instead.
He could not recall specific dates.
In response to questions regarding other individuals personally knowledgeable of improper waste disposal, he suggested that the investigator contact Individual H and Individual J, both resi-dents of Erwin, Tennessee.
He specifically requested that his identity remain confidential regarding this inquiry.
He was s0bsequently assured that the identities of individuals furnishing information to the NRC would not be disclosed.
10.
Interview of Individual G On February 26, 1981, an interview was conducted with Individual G, a resident of the Bumpass Cove area and previous landfill employee, regarding his knowledge of illegal radioactive waste burials.
He related that he was employed at the landfill from early
- until **** as a ***** *******.
He indicated that he voluntarily terminated his employment at the landfill to seek more suitable work.
When asked the types of waste he had observed while employed at the landfill, he described general solid waste materials, household wastes, barrels, liquids, and various types of chemicals.
When asked specifically about radioactive waste, he stated that to his knowledge he had never seen nor heard of radioactive waste being placed in the Bumpass Cove landfill.
Additionally, he could not recall waste materials of any type from Nuclear Fuel Services being delivered to the landfill during his employment.
He stated that even though the entrance to the landfill was blocked by a vehicle gate, many of the cmployees possessed keys.
He also stated that it was common for trash to be delivered at all hours of the night and with no controls other than the vehicle gate, it would have been possible for many people to dump any type of material.
11.
Interview of Individual H Individual H was identified during a previous interview as possibly possessing knowledge of improper contaminated waste disposal.
An interview addressing his knowledge of this subject was conducted February 26, 1981.
He described his role in the nuclear industry primarily as a self-employed, pri < ate contractor, transporting various nuclear related materials (e.g., uranium, therium, radioactive waste) between various points in the United States. He stated that during the period 1957-1970 he contracted with Nuclear Fuel Services at various times to transport materials 'to and from the Erwin, Tennessee facility.
In response to questions specifically regarding transportation of radioactive waste, he recalled transporting waste on one occasion from NFS to New Jersey, but had to return it to Tennessee because the State of New Jersey would not allow it to enter.
He did not remember th'e dates nor the specific destination involved. When asked to explain the final dis-position of that particular shipment, he stated that he could not be certain, but he thought it may have been returned to NFS and buried on their site.
He did not recall each shipment of waste materials he transported, but stated that he had never illegally disposed of any shipment nor was he knowledgeable of anyone who may have.
Continuing, he acknowledged that he was familiar with certain problems of toxic wastes located at the Bumpass Cove landfill but that he was not aware of any radioactive waste located there.
15.
Interview of Individual K On February 26, 1981, Individual K contacted the investigator requesting to be interviewed regarding the Bumpass Cove landfill.
An interview was conducted that same evening.
He began the interview by expressing his concerns of possible contaminated waste in the landfill.
He pointed out that he does not possess firsthand knowledge of illegal waste disposal but stated that he had been told of such occurrences. He referred the investigator to Individual J, an Erwin, Tennessee resident for specific information concerning this subject.
He continued with general coninents and concerns regarding the routine operations of the Nuclear Fuel Services facility.
Again, he pointed out that he did not possess personal know-ledge of specific incidents, but that he had been told of various operational improprieties which caused his, concerns.
He was requested to review his personal notes, list all personal concerns and supporting data he may have relative to matters within NRC jurisdiction, and forward this information to the Region II office.
l He emphasized a request for' confidentiality. He was subsequently
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assured that the identities of individuals furnishing infonnation to the NRC would not be disclosed.
13.
Review of Radiological Analyses On March 3, 1981, Region II received two reports of radiological i
analyses conducted in the Bumpass Ccve landfill area on July 24, 1979 and March 3, 1980 by the Tennessee Division of Radiological Heal th.
The report of July 24, 1979 reflects that four water samples were collected from the landfill area "to analyze for the presence of hazardous material." The report continues that no alpha activity was detected in any of the four samples.
Beta activity was detected in two of..the samples but with. levels "well within the range of normal background radioactivity concentrations for surface waters." The conclusion reached by the Radiological Physicist submitting the report stated "The.
analyses by our lab indicate no rariloactivity is being released from the Bumpus-(sic) Cove Landfill."
.The report of March 3, 1980 reflects six water samples collected from within the landfill or in the local area.
Additionally, a radiation survey of the area was conducted with a Ludlum Model 125 Micro-R meter.
The report provides survey readings and water sample results for each specific area tested.
In essence, the results are recorded as_ survey readings considered "merely background readings" and water samples indicating "no activity detected for either gross alpha or gross beta."
Both reports were reviewed by the Chief, Facilities Radiation Protection Section, Technical Inspection Branch, Region 'II, on March 4, 1981. The types of survey equipment and procedures utilized were determined to parallel those employed by Region II.
under similar circumstances.
The readings reflected in each report were found to support the conclusions of the report contributors.
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Interview of Individual J On March 5, 1981, Individual J was interviewed regarding his knowledge of illegal radioactive waste burials.
He had been verbally identified by Individual K and Individual D as possessing information pertinent to this inquiry.
l When advised of the purpose of this inquiry, he replied that during February 1981 he had been interviewed by a newspaper reporter regarding the same subject.
He stated that he did not have any knowledge of ill.egal waste burials other than the stories he had heard from local residents or information he
had obtained through the news media.
In response to questions regarding previous discussions of this subject, he emphatically denied having stated that he was personally aware of radioactive wastes in the Bumpass Cove landfill.
He stated that he was employed at the landfill as a *****
He did not recall any occasions when the landfill was utilized by Nuclear Fuel Services nor by independent operators contracting with them.
He continued to say that quite often the channels that were opened durir:g his daily shifts would be filled or partially filled when he returned the following morning. Based on this knowledge he was aware of dumping occurring at night.
Following questions regarding the types of wastes observed, he indicated that he saw mostly solid, household wastes, but occasionally saw drums of " cutting oil and commercial Lysol" which originated from a local manufacturing firm.
He concluded the interview by stating that he knew " rumors will continue" about contaminated waste at the landfill, but that personally he was " unaware of any connection between NFS and the Bumpass Cove landfill."
15.
Telephone Interview of Individual I Individual I, a previous employee at the Bumpass Cove landfill, was telephonically interviewed on March 5, 1981 regarding his knowledge of illegal radioactive waste burials.
He related that he was employed by Suburban Sanitary Services for approximately
- years during the period ****. His duties included working as a ***, *******.
The location of his employment varied with the specific job and included assignments at both the landfill and management offices.
In response to the investigator's questions, he stated that he is not personally aware of any radioactive waste in the landfill I
nor has he heard anyone definitely state that such waste is l
buried there.
He did recall that his company was contacted by Nuclear Fuel Services and a discussion was conducted concerning contaminated waste disposal.
He was unsure of the date on which the discussion was held, but due to costs, distances to appropriate disposal sites, and other problems involved, no agreements were ever reached.
He stated that he was unaware of NFS waste material of any type being brought into the landfill. He pointed out that without security measures at the landfill, it was possible for anyone to utilize the landfill without managements knowledge.
Individual I concluded this interview with his personal opinion that " allegations of radioactive wastes buried at Bumpass Cove are a byproduct of chemical waste concerns held by local residents."
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FINDINGS AND CONCLUSIONS This inquiry revealed significant concern among some local residents of the Bumpass Cove and Erwin, Tennessee area regarding the possibility of radioactive waste in the Bumpass Cove landfill. While these concerns are considered by some of the local residents to be a valid threat, individuals referred to the investigator or identified during the course of this inquiry denied personal knowledge of actual illegal radioactive materials disposal.
During interviews of Bumpass Cove area residents, one individual reported -observing a vehicle at the landfill bearing a sign stating
" Dangerous-Radioactive Material;" however, no information was provided by which the contents, operator, nor origin of this vehicle could be established.
Radiological analysis of water samples collected in the area of the landfill in July 1979 and March 1980 by the Tennessee Division of Radiological Health reflected nonnal radioactivity concentrations.
Additionally, a radiation survey of the surface area by the State provided readings considered normal background.
Based on the information gathered to date, a positive indication of radioactive materials at the Bumpass Cove Sanitary Landfill has not been established and concerns of illegal radioactive waste disposal were not substantiated.
In view of these findings and the results of radiological analyses conducted by the State of Tennessee, it does not appear that additional investigative effort is required.
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