ML20248E392

Notice of Violation from Insp on 980504.Violation Noted: as of 980504,licensee Acquired,Received,Possessed & Used Byproduct Matl in Device Pursuant to 10CFR31.5(a) & Disposed of Device to Person Not Holding Specific License

ML20248E392
Person / Time
Issue date:	05/27/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20248E357	List: ML20248E355 ML20248E377 ML20248E392
References
REF-QA-99990001-980527 99990001-98-10, NUDOCS 9806030304
Download: ML20248E392 (2)

Text

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NOTICE OF VIOLATION Sonoco Docket No. 99990001 Catoret, NJ General Licensee During an NRC inspection conducted on May 4,1998, two violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG-1600, the violations are listed below:

A. 10 CFR 31.5(c)(8) requires, in part, that any person who acquires, receives, possesses, uses or transfers byproduct material in the device pursuant to the general license in 10 CFR 31.5(a) except as provided by 10 CFR 31.5(c)(9), 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 May 4,1998, the licensee acquired, received, possessed and used byproduct material in a device pursuant to the general license in 10 CFR 31.5(a) and disposed of the device containing byproduct material to a person not holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device. Specifically, the licensee inadvertently placed an NRD, Inc. Model P-2051 static eliminator air gun containing a nominal 10 millicurie polonium-210 sealed source with material to be disposed of as trash somehme between 1:00 a.m., March 14, 1998 and 7:00 a.m., March 16,1998. On March 23,1998, the trash was delivered to a sanitary landfill, an unlicensed person This is a Seventy Leve: IV violation (Supplement VI).

B. 10 CFR 31.5(c)(9)(i) requires, in part, that any person who acquires, receives, l possesses, uses or transfers byprodcct material in the device pursuant to the general license in 10 CFR 31.5(a) transfer the device to another geteral licensee only where the device remains in use at a particular location. In such case the transfaror, within 30 days of the transfer, report to the Director of Nuclear Materici Safety and Safeguards

(NMSS), U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, the l manufacturer's name and model number (s) of device (s) transferred, the name and

! address of the transferee, and the narne and/or position of an individual who may l constitute a point of contact between the Commission and the transferee.

' Contrary to the above, as of May 4,1998, the licensee acquired, received, possessed

! and used byproduct material in a device pursuant to the general license in 10 CFR l 31.5(a), transferred the device to another general licensee where the device remained in use at the particular location, and did not, within 30 days of the transfer, report to the Director of NMSS with the required information. Specifically, the licensee sold the Sonoco industrial Container Division to Greif Brothers Corporation on March 30,1998, and did not report the transfer to the Commission.

. This is a Severity Level IV violation (Supplement VI).

i.

9006030304 990527 ]

REG 1 GA999 ENVSON PDR

[? i 99990001 1 J

Notice of Violation 2 l Sonoco Pursuant to the provisions of 10 CFR 2.201, Sonoco is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region I,  !

within 30 days of the date of the letteriransmitting this Notice of Violation (Notice). This reply j should be clearly marked as a " Reply to a Notice of %)lation" and should include for each  !

violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, j (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. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response, 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. Where good cause is shown, consideration will be given to extending the response time.

If you contest tnis enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington,  !

DC 20555-0001. Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response j sliall be submitted under oath or affirmation.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent ,

possible, it should not include any personal privacy, proprietary, or safeguards information so l that it can be placed in the PDR without redaction. However, if you find it necessary to include i auch 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. l l l p

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