ML20217F472
| ML20217F472 | |
| Person / Time | |
|---|---|
| Issue date: | 04/21/1998 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Judd C ENVIROCARE OF UTAH, INC. |
| Shared Package | |
| ML20217F475 | List: |
| References | |
| REF-QA-99990004-980421 99990004-97-04, 99990004-97-4, EA-98-082, EA-98-82, NUDOCS 9804280170 | |
| Download: ML20217F472 (6) | |
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April 21, 1998 EA 98-082 Charles A. Judd, President Envirocare of Utah, Inc.
American Towers Commarcial 46 Broadway, Suite 240 Salt Lake City, Utah 84101
SUBJECT:
NRC INSPECTION REPORT 99990004/97-04, INVESTIGATION REPORT 4-97-038, AND DEMAND FOR INFORMATION
Dear Mr. Judd:
This refers to the special inspection that was concluded on October 9,1997, and the investigation conducted by the NRC's Office of Investigations (01) that was concluded on February 6,1998, at the South Clive, Utah, disposal facility. The inspection and the investigation were initiated to review whether your South Clive facility was in possession of special nuclear material in excess of the limits specified in 10 CFR Part 150, and, if so, to determine whether there was willful violation of the NRC's regulations. The results of the inspection and investigation were presented to you in a telephone bnefing held on April 21, 1998. The enclosed report presents the inspection results.
Based on the results of the inspection, one apparent violation, with three specific examples, was identified and is being considered for escalated enforcement action in accordance with the
" General Statement of Policy and Procedure ior NRC Enforcement Actions"(Enforcement Policy). NUREG-1600. This apparent viohtion involves your possession of special nuclear material in quantities that exceeded the limits specified in 10 CFR 150.10 and 150.11 between May and September 1997. Although three specific examples were identified, it appears that similar noncompliance occurred on numerous occasions since 1995.
Activities at your South Clive site are regulated, in part, by both the NRC and the Utah Department of Environmental Quality / Division of Radiation Control. The Division of Radiation Controlissued a license to you that places a limit on the amount of special nuclear material authorized to be in your possession. In the case of uranium-235, this limit is 350 grams. If you desire to possess greater than 350 grams, above ground and undisposed of, then you are required by NRC's regulations to possess an NRC license. Therefore, the apparent violation involves your possession of more than 350 grams of uranium-235 without an NRC license.
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In response to our initial inspection findings, we issued a Confirmatory Action Letter and a j
Confirmatory Order to you during June 1997. The inspection later confirmed that you had
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fulfilled all obligations and commitments that were specified in those documents. These corrective actions included the reduction of the special nuclear materialin your possession to 9804280170 980421 REG 4 GA999 EECENV!U 99990004 PDR
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Envirocare of Utah below the limits specified in 10 CFR Part 150, as well as the development of a compliance plan to ensure continued adherence with the regulations.
Based on the investigation conducted by Ol, the NRC is concemed that this apparent violation involves careless disregard for the NRC's regulatory requirements. Specifically, site personnel apparently decided during the fall of 1996 to possess " mobile" wastes containing excessive 4
amounts of special nuclear material without adding this material to the daily special nuclear material inventory. This action, as a minimum, was contrary to Envirocare's written policy related to possession of special nuclear material. Additionally, the NRC was contacted in October 1996 by a senior Envirocare manager who proposed that Envirocare " delay possession" of mobile waste already at the Envirocare site until Envirocare had a place to dispose of it. The manager's proposal was rejected by the NRC at that time. However, this Envirocare senior manager apparently took no action following his conversation with the NRC to address the issue of mobile waste already at the Envirocare site in excess of the limit established in 10 CFR 150.10 and 150.11. At a minimum, we would have expected that the manager notify the site that the mobile wastes could not remain in storage without being included in the daily special nuclear material inventory, and work with NRC to assure that the violation.vas resolved.
We understand that enforcement proceedings are currently ongoing between Envirocare and the State of Utah involving possession of uranium-235 in quantities that exceeded the 350 gram limit. Because the State is also pursuing this issue, we plan, at this time, to postpone our decision regarding what enforcement action should be taken by the NRC until the conclusion of the State's enforcement process. As a result, we are not currently issuing a Notice of Violation for the apparent violation of 10 CFR Part 150. However, in order to have assurance that you will comply with NRC requirements given the potential willfulness involved, the NRC believes it necessary to require that certain information be provided at this time.
Accordingly, pursuant to sections 161c,1610,182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204 and 10 CFR 70.22(d), in order for the Commission to determine whether enforcement action should be taken to ensure compliance with NRC regulatory requirements, Envirocare of Utah, Inc., is required to submit to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, within 30 days of the date of this Demand for Information, the following information, in writing and under oath or affirmation:
(1) the reason for the apparent violation, including the careless disregard; or, if contested, the basis for disputing the apparent violation, including the careless disregard aspect; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken to avoid further violations; and (4) the date when full compliance will be achieved.
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Envirocare of Utah Copies of your response shall also be sent to the Assistant General Counsel for Hearings and Enforcement at the same address listed above, and to the Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011.
In your response, special emphasis should be placed on the corrective actions proposed or taken to address the potential careless disregard of NRC regulations by Envirocare employees.
Furthermore, the NRC became aware during early April 1998 that you apparently possessed.an additional 75 grams of special nuclear material in your mixed waste inventory that was not included in Envirocare's daily inventory between March 1997 and March 1998. Besides the potential of being an additional example of the apparent violation described in the enclosure to this letter, this incident is of particular concern to the NRC because it suggests that short-term corrective actions'taken to address your material recordkeeping and inventory methodologies are suspect. Therefore, your response to this letter should also place emphasis on long-term corrective actions that will provide NRC with an adequate level of assurance that you have the capability and capacity to effectively control and manage radioactive wastes at the South Clive disposal facility.
After reviewing your response, the NRC will determine whether further action is necessary to ensure compliance with regulatory requirements. In presenting your corrective actions, you should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the apparent violations. The guidance in the enclosed excerpt from NRC Information Notice 96-28, " Suggested Guidance Relating to Development and Implementation of Corrective Action," may be helpful to you. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response.
In addition, please be advised that the number and characterization of the apparent violations described in the enclosed inspection report may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosure, and your response will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.
Should you have any questions, we will be pleased to discuss them with you.
Sincerely, l
hV
/p Ellis
. Merschoff Regional Administrator 1
Envirocare of Utah.
Docket No. 99990004 License No. Not Applicable
Enclosures:
- 1. NRC Inspection Report 99990004/97-04
- 2. Information Notice 96-28 cc w/ enclosures:
Mr. G. Copeland Envirocare of Utah. Inc.
46 West Broadway, Ste. 240 Salt Lake City, Utah 84101 Mr. Pat Mackin, Assistant Director Systems Engineering & Integration l
Center for Nuclear Waste Regulatory Analyses l
6220 Culebra Road 1
San Antonio, Texas 78238-5166 l
Utah Radiation Control Program Director i
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