ML20151T702

Notice of Violation from Insp on 980708.Violation Noted: During Summer 1997,licensee Abandoned Tn Technologies Model 5203 Source Housing Containing 1 Ci of Cs-137 & That Licensee Possessed Pursuant to General License

ML20151T702
Person / Time
Issue date:	08/24/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20151T701	List: ML20151T697 ML20151T702
References
REF-QA-99990001-980824 99990001-98-12, NUDOCS 9809100125
Download: ML20151T702 (1)

Text

._ _. _ _ . _ _ - _ . . _ _ _ _ . _ . _ . _ _ _ _ . _ - _ _ _..- _._ _

NOTICE OF VIOLATION Walsh Remedial Construction Docket No. 99990001 Bayonne,NJ License No. General l During an NRC inspection conducted on July 8,1998, one violation of NRC requirements was

! identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG-1600, the violation is listed below:

10 CFR 31.5(c)(6) requires that any person who acquires, receives, possesses, uses or l

transfers byproduct material in a device pursuant to a general license shall not abandon L the device containing byproduct material.

t l-i Contrary to the above, during summer 1997, the licensee abandoned a TN Technologies Model 5203 source housing containing 1 curie of cesium 137 that the licensee possessed pursuant to a general license. Specifically, the device was installed on a pipe at the licensee's facility at 1000 Kapkowski Road, Elizabeth, New Jersey when the l company abandoned the facility during summer 1997.

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

Pursuant to the provisions of 10 CFR 2.201, Walsh Remedial Constmetion is hereby required to submit a written statement or explanatica to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 2D555, with a copy to the Regional Administrator, Region I, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

l- This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for

! each violation: (i) the reason for the violation, or, if contested, the basis for disputing the violation, (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 i 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. i If you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, i DC 20555-0001. Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response L- shall be submitted under oath or affirmation. i 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

- that it can be placed in the PDR without redaction. However, if you find it necessary to include

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

information from the public.

i l

l 9909100125 990824 RE01 GA999 ENVe****

99990001 PDR

- , . - . . - . . . - - - - - -.