ML20154P296
| ML20154P296 | |
| Person / Time | |
|---|---|
| Issue date: | 10/19/1998 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Judd C ENVIROCARE, INC. |
| References | |
| REF-QA-99990004-981019 99990004-97-04, 99990004-97-4, EA-98-082, EA-98-82, NUDOCS 9810220281 | |
| Download: ML20154P296 (5) | |
Text
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- . I . REGION IV t i S \* ' E 611 RYAN PLAZA DRIVE, SUITE 400 1; * -
AH LING T O N, T E X AS 76011 8064 October 19, 1998 i EA 98-082 '
Mr. Charles A. Judd, President Envirocare of Utah,Inc. '
American Towers Commercial 46 West Broadway, Suite 240 Salt Lake City, Utah 84101 -
SUBJECT:
EXERCISE OF ENFORCEMENT DISCRETION *
(NRC Inspection Report No. 99990004/97-04 & Investigation Report 4-97-038) !
Dear Mr. Judd:
This refers to Envirocare of Utah, Inc.'s letters dated May 21 and June 19,1998, which !
addressed an apparent violation of NRC reauirements. The apparent violation was described in ;
i the NRC's April 21,1998 inspection report and Demand for Information and involved Envirecare's Clive, Utah disposal facility being in possession of special nuclear material (SNM)
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in quantities that required a specific NRC license. -
F Specifically, the inspection report referenced at least three instances in which Envirocare was in possession of significantly more than 350 grams of SNM, Absent an NRC exemption, quantities of SNM in this amount may be possessed only with an NRC license in accordance with 10 CFR 70.3. Envirocare does not have a specific NRC license or exemption that allows possession of SNM in these amounts at the facility.
The NRC's April 21 letter stated that the NRC was concerned that this apparent violation
. involved willfulness, specifically' careless disregard for NRC's regulatory requirements; and that NRC was considering escalated enforcement for the apparent violation, but was deferring a final enforcement decision pending the resolution of the State of Utah's coforcement action
- against Envirocare for exceeding SNM possession limits under the State's radioactive materials license. The NRC notes that the State's enforcement action was finalized in a May 13,1998 Stipulation and Consent Order in which Envirocare agreed to pay an $80,000 civil penalty, as /
well as an additional $20,000 penalty if SNM possession limits are exceeded within one year of D the agreement, in its May 21,1998 response, Envirocare acknowledged that the violation occurred, but disagreed that it was willful. In support of its contention that the violation was not willful, Envirocare noted the long history of attempts to define " possession" of SNM, given the specific circumstances of Envirocare's operations. Envirocare acknowledged that in October 1996,it had been advised by an NRC official that it could not delay " possession" of mobile waste.
However, Envirocare stated that, based on a subsequent informal discussion with a representative of the Utah Division of Radiation Control, the State regulating agency, Envirocare incorrectly concluded that it could exercise discretion in determining when SNM shipments were considered to be in Envirecare's possession. Whi!e the NRC acknowledges these circumstances, this issue involved an NRC requirement. Envirocare, notwithstanding its e
981022O281 981019 RE04 GA999 EECENVCI ,
99990004 PDR .
e 2-1 knowledge of the October 1996 position of the NRC, made no attempt to resolve this matter i directly with the NRC.
Corrective actions described by Envirocare in its May 21 letter include, but are not limited to, a comprehensive management reorganization which clearly defines responsibility for regulatory compliance within a new Compliance and Licensing Department; the creation of an SNM Coordinator position responsible for tracking and monitoring SNM shipments; administrative !
enhancements to SNM tracking and controls and a comprehensive audit of the SNM tracking j system; establishment of a lower administrative limit on SNM possession; training of site l operations staff on SNM requirements; and several planned longer term corrective actions such :
as installation of a radio-linked bar code system to track SNM in a near instantaneous, real-time manner. In its June 19 letter, Envirocare indicated that the longer-term actions were expected to be completed by December 31,1998.
Normally, this violation would be categorized at Severity Level 111 in accordance with the
" General Statement of Policy and Procedure for NRC Enforcement Actions"(Enforcement Policy), NUREG-1600; and a civil penalty would be considered. However, I have been authorized, af ter consultation with the Commission, not to issue a Notice of Violation or propose a civil penalty in this case. This decision was made after consideration of all of the !
circumstances of this matter, and recognizes the civil penalty assessed by the State of Utah for I essentially the same violation. Therefore, the NRC is exercising enforcement discretion, as described in Section Vll.B.6 of the Enforcement Policy, and is not issuing a Notice of Violation i or assessing a civil penalty for this violation. However, Envirocare is on notice that significant violations in the future may result in civil penalties being assessed.
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in inspection Report 99990004/97-04, and in Envirocare's letters dated May 21 and June 19,1998.
Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position on this matter. In that case, or if you choose to provide additional information, please submit the information within 30 days to the Regional Administrator, NRC Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, TX 76011.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and your response if you choose to submit one, will be placed in the NRC Public Document Room.
Sincerely, 7
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- Ellis W. Merschof Regional Admini rator Docket No. 99990004 License No.: NA cc: (see next page)
cc:
State of Utah '
. Mr. G. Copeland Envirocare of Utah, Inc.
46 West Broadway, Suite 240 Salt Lake City, Utah 84101 P
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