ML20216J200
| ML20216J200 | |
| Person / Time | |
|---|---|
| Issue date: | 09/10/1997 |
| From: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Winters D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20216J139 | List: |
| References | |
| REF-QA-99990001-970910 99990001-97-08, 99990001-97-8, EA-97-286, NUDOCS 9709170194 | |
| Download: ML20216J200 (2) | |
Text
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ENCLOSURE 2 j
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KMG oF PRusstA. PENNSYLVANIA 194t$1415 September 10,1997 EA No. 97 288 Mr. Daniel Winters President -
Solrite Milworks Corporation 581 Rahway Avenue Union, New Jersey 08083
SUBJECT:
EXERCISE OF ENFORCEMENT DISCRETION (NRC Inspection Report No.
99990001/97 08) i
Dear Mr. Winters:
This refers to the NRC inspection conducted from May 12 through 23,1997 to review the circumstances associated with an event which occurred in Union, New Jersey in May 1997.
The event involved the removal of generally licensed " EXIT
- signs containing tritium (a l
tedioactive material regulated by the NRC) from property at 1200 Commerce Avenue, in Union, New Jersey, a property that you previously owned and occupied, and then sold to Cerco (4rporation (Carco). The three " EXIT" signs were removed from the site by a teenager j
and k6 ends during the demolition of the building on the property. The signs were then taken Nme by the teenager. One of the signs was broken which resulted in contamination of the teenager and his friends, as weil as the home of the teenager.
4 As described in the NRC inspection report sent to you on June 18,1997, an apparent violation of NRC requirements was identified during the inspection. On July 10,1997, a Predoclsional L
Enforcement Conference was conducted with you, as well as staff from Abox and Carco, to discuss the violation, its causes, and corrective actions. When you sold the building to Carco in February 1997, at the time of the sale, you apparently were unaware that the signs contained NRC generally licensed material, since you were not informed of such when the former occupant of the building, Abox Corporation, sold the building to you in 1987. You did not provide Cerco a copy of the NRC regulations applicable to the possession of these " EXIT" signs, nor d6d you inform the NRC of the transfer. Afterwards, Carco, also apparently unaware that the signs contained NRC generally licensed material, did not remove the devices for proper _ disposal when the building located at the site was demolished.
Notwithstanding your lack of knowledge, by the fact of your possession of this radioactive material, you were a licensee of the NRC subject to 10 CFR Part 31. These regulations prohibited transfer of the devices to Carco without providing Carco with a copy of 10 CFR Part 31, and without informing the NRC of the manufacturer's name and model number of the i
device transferred, the name and address of the transferee, and the name and/or position of
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the individual who may constitute a point of contact between the NRC and the transferee, i
- As a result of your failure to meet these requirements, the signs subsequently were not properly disposed of, which resulted in the coatsmination event.
9709170194 9709t0 RE01 GA999 ENVABEX 99990001 PDR
Solette Milworks Corporation 2
The NRC considered enforcement action in this case. However, since you were apparently unaware that the signs contained radioactive materiallicensed by the NRC, the NRC has decided to exercise enforcement discretion, pursuant to Section Vll.B.6 of the NRC onforcement policy, and not issue a Notice of Violation for this matter. A Notice of Violation is being lesued on this date to Abox Corporation.
No response to this letter is required. In accordance with 10 CFR 2.790 of the NRC's ' Rules of Practice," a copy of this letter and its enclosure, will be placed in the NRC Public Document Room (PDR). Your cooperation with us is appreciated.
Sincerely, p
Hubert J. Miller Regional Administrator Docket No. 99990001 General License
Enclosures:
1.
Letter and Notice of Violation to Abex Corporation 2.
Letter to Carco Corporation oc w/encls:
State of New Jersey
ENCI.05URE 3 w ueyk UNITED STATES
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t NUCI. EAR REGULATORY COMMISSION REGeoN I 476 ALLENDALE ROAD
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KINO oF PRusstA, PENNSYLVANIA 19406-1416 September 10,1997 EA No. 97 287 Mr. Robert Carrigino Cerco Construction 13 Canterbury Road Randolph, New Jersey 07869
SUBJECT:
EXERCISE OF ENFORCEMENT DISCRETION (NRC Inspection Report No.
99990001/97-09)
Dear Mr. Carrigino:
This refers to the NRC inspection conducted from May 12 through 23,1997 to review the circumstances associated with an event which occurred in Union, New Jersey in May 19517.
The event involved the removal of generally licensed " EXIT" signs containing tritium (a radioactive material regulated by the NRC) from the site at 1200 Commerce Avenue, in Union, New Jersey, a property that you owned. The three " EXIT" signs were removed from the site by a teenager and friends as you were demolishing the building on the property. The signs were then taken home by the teenager. One of the signs was broken which resulted in contamination of the teenager and his friends, as well as the home of the teenager.
As described in the NRC inspection report sent to you on June 18,1997, an apparent violation of NRC requirements was identified during the inspection. On July 10,1997, a Predecisional Enforcement Conference was conducted with you, as well as staff from Abex and Selrite, to discuss the violation, its causes, and corrective actions. When you were demolishing the building located at the site, you apparently were unaware that the signs contained NRC-licensed material, because you were not informed of this fact when the former occupant of the building, Solrite Milworks Corporation (Selrite), sold the building to you in 1997. You did not, however, remove the " EXIT" signs for proper transfer or disposal as NRC generally licensed radioactive material when you demolished the building. Seirite was also apparently unswere that the signs contained NRC generally licensed material, since they were not informed when the building was sold to them by Abex Corporation in 1987.
Notwithstanding your lack of knowledge, by the fact of your possession of this radioactive material, you were a licensee of the NRC subject to 10 CFR Part 31. These regulations prohibit the abandonment of NRC generally licensed material and strictly limit the transfer or disposal of such material to other licensees, pursuant to 10 CFR 31.5(c)(6), (8) and (9). The contamination event occurred as a result of your f ailure to meet these requirements by either:
(1) abandoning the licensed material; or (2) impraperly disposing of the licensed material; or (3) improperly transferring the licensed material.
,.,1 a 1 n 1 -
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1, Caroo Construction 2
The NRC considered enforcement action in this case. However, sin:e you apparently were unaware that the signs contained radioactive materiallicensed by the NRC, the NRC has decided to exercise enforcement discretion, pursuant to Section Vll.B.6 of the NRC enforcement policy, and not issue a Notice of Violation for this matter. A Notice of Violation is being issued on this date to Abox Corporation.
No response to this letter is required in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its enclosure, will P, placed in the NP.C Public Document Room (PDR). Your cooperation with us is appreciate..
Sinc <
Hubert J.
Ier 4
Regional Administrator i
Docket No. 99990001 General License
Enclosures:
1.
Letter and Notice of Violation to Abox Corporation 2.
Letter to Solrite Corporation cc w/encis:
David W. Roger, Esquire State of New Jersey iN*"N-+
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