ML20134H198

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Discusses Potential Advanced Medical Sys Court Statement Reply
ML20134H198
Person / Time
Issue date: 12/12/1994
From: Cordes J
NRC
To: Boger B
NRC
Shared Package
ML20127A948 List:
References
FOIA-96-444 NUDOCS 9702110200
Download: ML20134H198 (6)
v • d • e


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From: John F. Cordes (JFC)

To: WN1:HMS3:CH1:BABI y/',e Date: Monday, December 12, 1994 10:59 am

Subject:

Potential AMS Court Statement -Reply i

AsIsaidinmyFridaye-mail,Ithinkthatthelastpointstas1dberephrased a bit to state something like: "We would find the relatively minor Part 20 violation tolerable if unplugging the cap is the only practicable means to reduce a much greater health and safety risk -- id., the threat to the structural integrity of the AMS building posed by rising ground water levels."

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4 9702110200 970129 l PDR FOIA ENGLISH96-444 PDR _ _

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2 Should the AMS judge request to hear from NRC, Bill Axelson will be the agency spokesperson with OGC and RC support. These are the points he will make:

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THE HYDROSTATIC PRESSURE BEING EXERTED ON THE BUILDING FOUWATION AT THE

AMS FACILITY HAS THE POTENTIAL T0 RESULT IN A SIGNIFICAR RADIOLOGICAL SAFETY CONCERN IF THE FOUWATION SHOULD BUCKLE. THE LEVEL OF GR002 WATER MUST BE
CONTROLLED IN A TIMELY WAY TO REDUCE THE POSSIBILITY OF F0UWATION DAMGE.

l 2. WE RECOGNIZE THAT THERE MY BE SEVERAL SOLUTIONS TO REDUCING THE HYDR 0 STATIC PRESSURE ON THE F005ATION AND WE DO NOT ADVOCATE ANY SPECIFIC 3

] SOLUTION. WE D0, HOWEVER, BELIEVE THAT THE MATTER NEEDS PROMPT RESOLUTION.  !

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- l, j 3. IN THE LONG TERN, WE WOULD EXPECT COMMITMENT FROM AMS TO IMPLEMENT LONG TERM CORRECTIVE ACTIONS THAT WILL INCLUDE DECONTAMINATION 0F THE CONTAMINATED

SEWAGE PIPING ON THEIR PROPERTY Am THE CONTAMINATION AT THE AMS CUTFALL IN THE SEWER INTERCEPTOR. WE WOULD EXPECT TO CONFIRM THAT COMMITMENT THROUGH AN ORDER TO AMS. WE PLAN ON MEETING WITH AMS WITHIN TWO WEEKS TO DISCUSS FURTHER THEIR LONG TERM CORRECTIVE ACTIONS.

To Address Only if the Judge pursues the issue of pulling the plug:

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AMS REPORTS TO US THAT THE CONCENTRATION OF COBALT-60 IN THE WATER IN THEIR MANHOLE IS APPR0XIMATELY 25 PIC0 CURIES PER LITER. IT IS LIKELY THAT A FRACTION OF THAT COBALT-60 IS NON-S0LUBLE AND NOT READILY DISPERSIBLE j BIOLOGICAL MATERIAL.

B.

THE DISCHARGE TO THE SEWERS OF 25 PIC0 CURIES PER LITER OF COBALT-60 OXIDE ,

- THAT IS NON-S0LUBLE AND NOT READILY DISPERSIBLE BIOLOGICAL MATERIAL REPRESENTS l A VIOLATION OF OUR REGULATIONS AT 10 CFR 20. GIVEN THE LOW CONCENTRATION OF COBALT-60 IN THIS WASTE WATER, WE WOULD VIEW THIS VIOLATION AS HAVING MIN 0R RADIOLOGICAL SAFETY SIGNIFICANCE. (IF REQUESTED BY THE JUDGE, WE COULD MAKE THE FOLLOWING STATEMENT:) IF YOU DECIDE TO PERMIT THE DISCHARGE OF THIS

, CONTAMINATED WATER, WE WOULD NOT PROHIBIT THAT DISCHARGE.

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!~ FILED IN THE UNITED STATES DISTPlCT COURT d

j 1954 DEC [t. PM 3: S40RTHERN DISTRICT OF OHIO CliR:-:U.3. c;c;;;c7 ccug7 MM DMION i NORTHERN 01STRICi 0: OE l CLE'/El.AniD

NORTHEAST OHIO RFATONAL ) CASE NO.1
94 CV 2555 SEWER DISTRICT, )

) JUDGE GEORGE W. WHITE -

Plaindff, )

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! ADVANCED MEDICAL SYSTEMS, INC., ) TEMPORARY i et al., ) RESTRAINING ORDER j 4

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Defendants. )  !

l This cae uune oa for hearing and wn: heard on the 13th day of December,1994, before the Honorable Judge Ocorge W. Wlute, upon motion of Plaindff for a Temporary Restraining Order restraming Defendant Advanced Medical Systems, Inc., and their agents.

employees and those persons acting in concert or nenciatinn with them (collectively ,

"Defendact"), from certain conduct and acdvity, pm4ing further hearing on Plaintiff's  !

Motion for a Tetuporary Restraining Order and Applicadon for a Prelimi=y Injunction.  !

Upon consideration, the Court finds that Defendant was given nodce of Plaindff's intention to move for a Temporary Restraining Order, through its counsel, and further finds Plaintiff's Motion for a Temporary Ra* inine Order is well-taken because it clearly appears l

Plaintiffs Code of Regulations will be violated contrary to Ohio law unless a Tosig-iy Restraining Order issues.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED, t1:at umil January 17, ~ 995, on which date the Court shall hold a hearing on Plaintiff's. Application for

( a Preliminary Injunction:

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  • Cl) Plaintiff is bereby pennited to mamism the existing plugs in the public e. ewers at or near the connecuons of the 1020 London Road l facility with the London Road Interceptor; i

(2) At its option, Plaintiff rnay collect into tanks the discharges of ,

stormwater from the upper pomon of the roof above the northem  :

portion of the facility so as to allow Plaintiff to conduct testing of such discharges to detennine whether any Cobalt-60 is present. _ ,

i IT IS FURTHER ORDERED, ADJUDGED AND DECREED, this Temporary

)i Restraining Order shall hecome effective without the filing of a bond. l IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Clerk nf this Court shall deliver sufficient cemfied copies of ttus Temporary Restraining Onlet to Counsel for Plaintiff who, for purposes of serving this Tyy Restraining Order, is appointed by this Court to make service upon Defendants and their counsel.

IT IS FTmTRER ORDERED. ADJUDGED AND DECREED. that service of this

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Order be made as won as possibic.

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I Advanced Medical Systems,Inc.

121 North Eagle Street . Geneva, Ohio 44041

'16)466-4671 FAX (216) 466-0186

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l December 14, 1994 i

Mr. Jack Grobe i U.S.N.R.C. - Region III l 801 Warrenville Road Lisle, IL 60532-4351

Dear Mr. Grobe:

l I have reviewed the draft of the Confirmatory Action letter you sent today. I suggest the following changes:

Rewrite Action #1 to read as follows: l Effective immediately, Advanced Medical Systems will monitor the water level in the manhole on its property and take prompt action to reduce or maintain the water level to allow the foundation drainage i system to function as evidenced by lack of water in the basement. l Water removed from the manhole on the property shall be tested for compliance with 10CFR 20.2003 which permits only the discharge of soluable material or readily dispersable biological matter in water.

Should water begin to intrude into the ba*,ement again or weather i conditions deteriorate, the NRC will be notified immediately.

The reason for these changes is the level of the floor versus the aanhole has not yet been determined. Water has been in the manhole since the latter part of i November; however, water did not begin to seap into the basement until the sewer '

level reached approximately 40" and it rained for three (3) days. Over the last i several days, we have pumped the sewer several times in the morning. There is approximately 3-4 feet of water in the lateral; however, the level in the basement is D91 continuing to rise and water is no longer seaping in. Our engineers feel that as long as it is not raining, water can remain in the lateral. We are continuing to pump the lateral daily. They further feel the majority of the pressure on the drainage system is related to changes in the ground water, not the increase in the water level in the lateral.

I would change the response time from ten (10) calendar days to ten (10) business days, or December 28, 1994.

I would also like to omit the clause "nor does it preclude the NRC from taking enforcement action for violations of NRC requirements that may have prompted the issuance of this letter." This statement is in the third from the last paragraph in the letter. This statement does not add anything to the letter nor am I aware of any violations that have prompted the issuance of this letter.

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Mr. Jack Grobe December 14, 1994

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Please call me after you have recieved this so that we can discuss the proposed changes. i Sincerely, A

DAVID CESAR Treasurer DC/mz

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DEC 14 '94 16:20 ATC GDEVA P.1 Advanced MedicalSystems,Inc.

121 North Eagle stf**t

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December 14, 1994 pp 7671 /

l VIA FAI #(708) 515-1259

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me y o Mr. Jack Grobe 7"' 40 f/6'C'#

' U.S.N.R.C. - Ragion III '

801 Warrenville Road -

b l Lisle, IL 60532-4351 p

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Dear Mr. Grobe:

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IhavereviewedthedraftoftheConfirdtor tion letter you sent today. I suggest the following changes:

i Rewrite Action #1 to read as foi a:

4 i Effective immediately, Advanced Medical Systems will monitor the water level in the manhale on its property and take prompt action to

! reduce system or to maintain function. phe water level to allow the foundation drainage j Water removed from the manhole on the property i

shall be tested for compliance with 10CPR 20.2003 which permits only j the discharge of soluable material or readily dispersable biological natter in water. 1 i again = -_il-= Should water begin to intrude into the basement immediately. m -L1..;; i:terMr"e, the NRC will be notified i Thebeen yet reason for these changes is the level of the floor versus the aanhole has not determined.

i Water has been in the manhole since the latter part of November; however, water did not begin to soap into the basement until the sewer level reached approximately 40" and it rained for three (3) days. Over the last i

several days, we have pumped the sewer several times in the morning. There is i approximately 3-4 feet of water in the lateral; however, the level in the j

basement is as continuing to rise and water is no longer seaping in. Our '

engineers lateral. We feel that as long as it is not raining, water can remain in the I are continuing to pump the lateral daily. They further feel

! pressure on the drainage system is related to changes in the ground water, not the majority of,the increase in the water level in the lateral.  ;

I would change the response time from ten (10) calendar days to ten (10) business j days, or December 28, 1994.

I would also like to omit the clause "nor does it preclude the NRC from taking 1 enforcement action for violations of NRC requirements that may have prompted the issuance in the letter.of this letter." This statement is in the third from the last paragraph i

This statement does not add anything to the letter nor an I aware 4 of any violations that have prompted the issuance of this letter.

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DEC 14 '94 16:21 ATC GEtEVA P.2

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  • l Mr. Jack Grobe December 14, 1994 l Please call ne after you have recieved this so that we can discuss tbs proposed changes. )

I Sincerely, ,

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DAVID CESAR I Treasurer i' Dc/az I i

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s yo _/#' *% *g UNITED STATES NUCLEAR REGULATORY COMMISSION

,. , REGION m

{  ! 801 WARRENVILLE ROAD

<g ,/- USLE. ILUNOls 80532-4351

December 15,.1994 ,

l ' Advanced Medical Systeme, Inc.

j' ATTN: David'Cesar Treasurer-121 North Eagle Street Geneva, OH 44041

SUBJECT:

CONFIRMATORY ACTION LETTER NO. RIII-94-008

Dear Mr. Cesar:

i This refers to the telephone conversations on December 13 and 14,1994,

. between Jack Grobe of my staff and you regarding the results of our recent

' inspection of your facility sent to you on December 6, 1994. -That inspection concerned the radiological survey of your sewer piping and radioan,alysis of

. your waste water effluents. During that inspection, we identified one j apparent violation concerning your discharge of insoluble cobalt-60. ,

1 Since that inspection, the North East Ohio Regional Sewer District has

isolated your facility from the sewage treatment system. This has rendered j your facility foundation drainage system non-functional allowing the i development of hydrostatic pressure on the foundation structure. In addition,

. the isolation of your. facility from the sewage treatment' system has resulted in leakage of groundwater into your basement, which has led to a contaminated waste water problem at your facility.

We are concerned about the structural integrity of your facility and the mechanism that you p'.an to use to deal with contaminated waste water. Based on our conversation with you, we understand that you have committed to j complete the following actions:

, 1. Effective immediately, Advanced Medical Systems will monitor the

water level in the manhole on its property and take prompt action to reduce or maintain the water level to allow the foundation drainage system to function as evidenced by the lack of water j intrusion into the facility basement. Water removed from the i manhole on your property shall be tested for compliance with 10 CFR 20.2003 which permits only the discharge of licensed material that is readily soluble or readily dispersible biological material in water. Should water begin to intrude into the basement, the NRC will be notified immediately.
2. Within ten business days from the date of this letter, you will provide to the NRC your plan to address the radioactively contaminated water that has been removed from the facility manhole and is in the facility basement.

Advanced Medical Systems, Inc. 2

, 3. Within ten business days from the date of tnis letter, you will describe your plans and schedules to deal with ground water to  !

assure the structural integrity of the facility and your plans to 1 discharge waste and storm water from your facility without violating 10 CFR 20.2003. These plans should include the  ;

. isolation and remediation of the radioactively contaminated 1

manhole and sewer line exiting the facility to the London Road l interceptor.

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Pursuant to Section 18?. of the Atomic Energy Act, 42 U.S.C. 2232, you are  !

required to:

1) Notify me immediately if your understanding differs from that set

. forth above; .

2) Notify me if for any reason you cannot complete the actions within i

the specified schedule and advise me in writing of your modified schedule in advance of the change; and

3) Notify me in writing when you have completed the actions addressed in this Confirmatory Action Letter.

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Issuance of this Confirmatory Action Letter does not preclude issuance of an order formalizing the above commitments or requiring other actions on the part of the licensce; nor does it preclude the NRC from taking enforcement action for violations of NRC requirements that may have prompted the issuance of this letter. In addition, failure to take the actions addressed in this Confirmatory Action Letter may result in enforcement action.  !

The responses directed by this letter are not subject to the clearance l l procedures of the Office of Management and Budget as required by the Paperwork '

Reduction Act of 1980, Pub. L. No.96-511.  !

' In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and your response will be placed _in the NRC Public Document Room )

(PDR). To the extent possible, your response should not include any personal i privacy, proprietary, or safeguards information so that it can be placed in  ;

the PDR without redaction. However, if you find it necessary to include such 4

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Advanced Medical Systems, Inc. 3 l

information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support i

your request for withholding the information from the public.

Sincerely,

. L. Axelson, Director l

Division of Radiation Safety and Safeguards License No. 34-19089-01 Docket No. 030-16055

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information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.

Sincerely, O d2ir.3: .

I W. L. Axelson, Director {

j Division of Radiation Safety and '

Safeguards License No. 34-19089-01 Docket No. 030-16055 '

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l DOCUMENT NAME: G:\LTRS2LIC\MTLS\030\94316055.LO3 To receivs a copy of this document, becate in the box: "C" = Copy without attachment / enclosure 'E' = Copy with attactwnent! enclosure *N* = No copy a 0FFICE RIII/M 6 RIII RIII E RIII 6 RIII E Rill l6 NAME Grobe :dp+ BersonDb DeFayettef!K!/f Paperiello* Goldberg** Axelsod &

DATE 12/ A /94 12//4 /94 12//3 /94 12/ 6 /94 12/1& /94 12/( [<f/94' OFFICIAL RECO

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