ML20058K681
| ML20058K681 | |
| Person / Time | |
|---|---|
| Issue date: | 11/10/1993 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20058K676 | List: |
| References | |
| REF-QA-99990003-931110 EA-93-261, NUDOCS 9312160003 | |
| Download: ML20058K681 (2) | |
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY l
Como Plastics, Inc.
General License
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Columbus, Indiana (10 CFR 31.5)
EA 93-261 l
During an NRC inspection conducted on September 28, 1993, a violation of NRC i
requirements was identified.
In accordance with the " Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty is set forth below:
10 CFR 31.5(c)(8) requires, in part, that any person who acquires, receives, possesses, uses, or transfers byproduct material in a device pursuant to a general license shall, except as provided in 10 CFR 31.5(c)(9) which is not pertinent here, transfer or dispose of the device containing byproduct material only by transfer to persons holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device.
Contrary to the above, as of September 28, 1993, the licensee disposed of two Nuclear Radiation Development, Inc., Model P2051 generally licensed static eliminator devices each containing nominally 10 millicuries of polonium-210, and the disposals were not made to a person holding a specific l i.cen se issued pursuant to 10 CFR Parts 30 or 32 or from an Agreement State to receive the devices.
Specifically, the devices were transferred to an unlicensed sanitary landfill for disposal.
(01013)
This is a Severity Level 111 violation (Supplement VI).
Civil Penalty - 5750.
Pursuant to the provisions of 10 CFR 2.201, Como Plastics, Inc. (Licensee) is hereby required to submit a written statement or explanation. to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed imposition of Civil Penalty (Notice).
This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid f urther violations, and (51 the date when full compliaace will be achieved.
If an adequate reply is not received within the time specified in this Notice, an order or a demand for information may be issued as to why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending 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.
Within the same time as provided for the response required under 10 CFR 2.201,
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the Licensee may pay the civil penalty by letter addressed to the Director, j
Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draf t, 9312160003 931110 REG 3 GA999 EMVCPLAS i
99990003 PDR
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e money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above or may protest imposition of the civil penalty in whole or in part, by a written answer addressed.to the Director, Office of Enfcrcement, U. S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil i
penalty will be issued.
Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and mav:
(1) deny the violation listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in thi.s 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 i
mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in i
Sect ion V.B of 10 CFR part 2, Appendix C, should be addressed.
Any written i
answer in accordance with 10 CFR 2.205 should be set forth separately from the l
statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.
The attention of the Licensee is directed to the other provisiors of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
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Upon f ailure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be
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ref erred 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. 2282c.
The responses noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, ATIN:
Document Control Desk, Washington, D.C.
20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region 111, 799 Roosevelt Road, Glen Ellyn, Illinois 60137.
Dated at Glen Ellyn, illinois this 1.0t_h day of November 1993 I
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