United States Nuclear Regulatory Commission - Protecting People and the Environment

2009 Materials Actions

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Cardinal Health (EA-09-221)

On December 30, 2009, the NRC issued a Notice of Violation to Cardinal Health for a Severity Level III violation involving the failure of an employee to wear finger dosimetry while compounding radiopharmaceuticals as required by Condition 24 of the license.  Specifically, on several occasions between January and May 17, 2007, a licensee employee responsible for dispensing radioactive sources deliberately failed to wear finger dosimetry while compounding iodine-131 doses. 

Niles Steel Tank Company (EA-09-260)

On December 9, 2009, the NRC issued a Notice of Violation to Niles Steel Tank Company for a Severity Level III violation involving the failure to secure from unauthorized removal or access licensed material stored in controlled or restricted areas as required by 10 CFR 20.1801.  Specifically, between August 24, 2009, and September 9, 2009, the licensee stored a radiography camera in a permanent radiographic installation and a member of the public had access to the area.

Wal-Mart Stores, Inc. (EA-09-187)

On October 28, 2009, the NRC issued a Notice of Violation to Wal-Mart, Inc. (Wal-Mart) for a Severity Level III problem involving the failure to: (1) appoint an individual responsible for having knowledge of appropriate regulations and requirements to comply with the general license; (2) properly transfer and dispose of generally licensed devices; and (3) transfer generally licensed devices to another general licensee only if the devices remain in use at a particular location.  Specifically, between October 2000 and January 2008, Wal-Mart did not appoint a radiation safety officer or other responsible individual to manage its general license program relative to tritium exit signs, improperly transferred or disposed of up to 2,462 tritium exit signs, and also transferred 517 tritium exit signs from various Wal-Mart facilities to other Wal-Mart facilities, which were not authorized in a specific or general license.

Hematite Decommissioning Project (EA-09-084)

On October 23, 2009, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $16,250 to Westinghouse Electric Company - Hematite Decommissioning Project for a Severity Level III violation involving the failure to implement 10 CFR 70.24 (a) requirements.  Specifically, in March 2006, the licensee failed to maintain a criticality accident monitoring system which will energize clearly audible alarm signals when it removed the system from service without prior NRC authorization.  In addition, the Notice of Violation included a second Severity Level III violation for which a civil penalty was not proposed, involving the failure to implement 10 CFR 70.9 (a) requirements.  Specifically, on March 17, 2006, the licensee provided inaccurate information to the Commission when it informed the NRC that the Process buildings contained less than 250 grams of uranium-235, when in fact, as later determined in November 2008, the Process buildings contained an estimated 2,638 grams of uranium-235.  This information was material to the NRC since it was used in part as the basis for granting a license amendment on June 30, 2006, revising the possession limits such that the criticality monitoring system could be disabled.

Virtua Health System - West Jersey Hospital (EA-09-212)

On  October 21, 2009, the NRC issued a Notice of Violation to Virtua Health System - West Jersey Hospital (Virtua) for a Severity Level III violation involving the failure to develop, implement, and maintain written procedures to provide high confidence that each administration is in accordance with the written directive, as required by 10 CFR 35.41(a)(2).  Specifically, during patient setup on January 19, 2009, Virtua staff raised questions concerning the visualization and positioning of seeds in the prostate and there were no procedures to ensure resolution of the questions.  As a result, all seeds were implanted outside the prostate.

Langan Engineering & Environmental Services, Inc. (EA-09-253)

On October 13, 2009, the NRC issued a Notice of Violation to Langan Engineering & Environmental Services, Inc. for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material as required by 10 CFR 20.1802.  Specifically, on June 29, 2009, the licensee’s authorized user left unattended a portable moisture/density gauge in an unrestricted area for a short period of time. During the time that the licensee did not maintain control and constant surveillance of the gauge, it was damaged by construction equipment that was operating in the unrestricted area.

Department of Commerce - National Oceanic and Atmospheric Administration (EA-09-188)

On October 1, 2009, a Notice of Violation was issued to the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) for two Severity Level III violations involving (1) failure to secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas, pursuant to 10 CFR, 20.1801, and (2) failure to confine possession and use of byproduct materials to the locations and purposes authorized on the license, pursuant to 10 CFR 30.34(c). Specifically, NOAA stored licensed materials in two different unrestricted areas and a controlled area during two different time periods, without securing the materials from unauthorized removal or access.  Additionally, from 1993 until 2008, NOAA used licensed material in custom-made, unregistered devices in violation of its license condition requiring NOAA to use only such devices when the device has been registered with either the NRC or an NRC Agreement State.

Earth Exploration, Inc. (EA-09-114)

On October 1, 2009, the NRC issued an Immediately Effective Confirmatory Order to Earth Exploration, Inc. to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) mediation session held on August 25, 2009.  The parties agreed to engage in ADR following NRC’s July 21, 2009, letter wherein seven apparent violations were identified based on information developed during an investigation.  The violations involved the failure to: (1) perform annual reviews of the radiation protection program; (2) perform leak testing of sealed sources; (3) perform physical inventories every six months of sealed sources; (4) ensure that dosimetry provided to gauge users was processed and evaluated; (5) ensure through the Radiation Safety Officer that required tests and conditions of the NRC license are performed; (6) secure, on multiple occasions, portable gauges using two independent physical barriers; and (7) lock a gauge or gauge case when in storage. The NRC preliminarily determined that the first five violations were due to the deliberate actions of the Radiation Safety Officer.  As part of the agreement, Earth Exploration, Inc., acknowledged the technical violations and agreed to take a number of actions including, but not limited to, retaining a qualified consultant to audit the radiation safety program on an annual basis for a period of five years, receiving training on radiation safety program management, and developing a plan to inform other organizations of the lessons learned and the importance of developing the necessary infrastructure and communication paths to identify and resolve competing priorities.  In recognition of these and other actions, the NRC agreed to not categorize the violations as deliberate and to not pursue any further enforcement action against Earth Exploration, Inc., for these violations.

Ohio Valley Medical Center (EA-09-182)

On September 17, 2009, the NRC issued a Notice of Violation to Ohio Valley Medical Center for a Severity Level III violation involving the failure to meet the physical presence requirements of 10 CFR 35.615(f)(2) during high dose radiation (HDR) treatments. Specifically, on June 17, 2009 and other occasions prior to that date, neither an authorized user (AU), nor a physician under the supervision of an AU and trained in the operation and emergency response for the unit, were physically present during continuation of HDR treatments.

Mercy Health Services (EA-09-181)

On September 15, 2009, the NRC issued a Notice of Violation to Mercy Health Services for a Severity Level III problem involving: (1) the failure to conduct surveys to ensure compliance with the regulations in 10 CFR Part 20 as required by 10 CFR 20.1501 and (2) the discharge of licensed material into the sanitary sewer system that exceeded the concentration limits listed in 10 CFR Part 20 Appendix B Table 3 in violation of 10 CFR 20.2003. Specifically, in May 2008, the licensee disposed of iodine-125 into the sanitary sewer system without evaluating the radioactivity of the iodine waste or evaluating the average monthly volume of water released into the sewer system. The licensee released 2.29E-5 microcurie per milliliter of iodine-125 into the sewer which exceeded the 2E-5 microcurie per milliliter limit.

Advex Corporation (EA-09-030)

On July 2, 2009, the NRC issued a Notice of Violation for two Severity Level III violations to Advex Corporation (Advex).  The first violation involved the failure to wear an alarming ratemeter while performing radiography by an assistant radiographer, as described in Condition 19 of the Advex’s license.  Specifically, on January 22, 2008, an assistant radiographer worked in a restricted area (permanent radiography vault) and did not wear an alarm ratemeter.  The second violation involved the deliberate failure of the lead radiographer and the assistant radiographer to follow the Operating & Emergency (O&E) Procedure and 10 CFR 34.47(d) requirements, when the assistant radiographer had an off-scale pocket dosimeter.  Specifically, on January 22, 2008, neither individual notified the RSO after the radiographers realized the assistant radiographer’s dosimeter was off-scale.  The assistant did not remove himself from the restricted area and he was allowed to continue working with and around radioactive material although he was not authorized to return to work by the RSO, as required by the O&E procedure and 10 CFR 34.47(d).

Allwest Geosciences, Inc. (EA-09-020)

On June 8, 2009, the NRC issued a Notice of Violation to Allwest Geoscience, Inc. for a Severity Level III failure to implement 10 CFR 150.20.  Specifically, from November 2008 through January 2009, the Agreement State licensee conducted portable gauge operations at a Federal facility considered an area of exclusive Federal jurisdiction that is regulated by NRC and is located within an Agreement State, without first filing a reciprocity submittal for calendar years 2008 and 2009.

S&M Testing Laboratory (EA-08-332)

On June 8, 2009, the NRC issued an Order Imposing Civil Monetary Penalty to S&M Testing Laboratory (S&M).  Following the NRC’s March 23, 2009, Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $16,250, the licensee has failed to respond to the Notice and the proposed civil penalties.  The Notice of Violation and proposed civil penalty was issued to the licensee for the deliberate failure to confine possession of byproduct material to only those locations authorized by the NRC license; the deliberate failure to provide the NRC an opportunity to inspect byproduct material and the premises where the byproduct material was stored, as required by 10 CFR 30.52(a); and the failure to utilize a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal whenever the gauges were not under the control and constant surveillance of the licensee, as required by 10 CFR 30.34(i).  Accordingly, NRC concluded that the violation remains valid and issued an order imposing Civil Monetary Penalty in the amount of $16,250.

Central Indiana Cancer Centers (EA-09-067)

On May 27, 2009, the NRC issued a Notice of Violation to Central Indiana Cancer Centers for a Severity Level III violation involving the failure to implement 10 CFR 20.1802.  Specifically, as of February 18, 2009, on several occasions while transporting a High Dose Rate Afterloader unit, the licensee left the unit in an unlocked vehicle for several minutes while retrieving other associated equipment.  During these periods, the licensee did not control or maintain constant surveillance over the licensed material. 

Department of the Army - Walter Reed Army Medical Center (EA-09-039)

On May 22, 2009, the NRC issued a Notice of Violation to Walter Reed Medical Center (WRAMC) for a SL III problem involving: (1) the failure to control radioactive material not in storage as required by 10 CFR 20.1802 and (2) a failure to provide adequate radiation safety instruction to a medical student, who provided care to a brachytherapy patient; and a Severity Level III violation involving a failure to provide event notification as required, in a timely manner. Specifically, on November 14, 2008, the licensee lost control of the brachytherapy sources for approximately 5.5 hours when a medical student, who had not been trained on the safe handling and shielding of brachytherapy sources, inadvertently removed three ribbons containing iridium-192 from a patient’s bandage and improperly disposed of the sources. Consequently the sources were improperly transported to the trash compactor, an uncontrolled area, on the WRAMC loading dock. In addition, the WRAMC did not notify the NRC until November 19, 2008, five days after this event.

Northwest Inspection, Inc. (EA-09-019)

On May 20, 2009, the NRC issued a Notice of Violation for a SLIII violation to Northwest Inspection, Inc., for a violation of 10 CFR 150.20.  Specifically, during six time periods in 2008, the Agreement State licensee engaged in activities in NRC jurisdiction and did not file (1) a submittal containing NRC Form 241, “Report of Proposed Activities in Non-Agreement States,” (2) a copy of its Agreement State specific license,  and (3) the appropriate fee with the Regional Administrator for the Region in which the Agreement State that issued the license is located.

Department of Air Force (EA-09-047)

On May 18, 2009, the NRC issued a Notice of Violation to the Department of the Air Force for a Severity Level III failure to implement 10 CFR 35.3047.  Specifically, as of August 14, 2008, the licensee failed to notify by telephone the NRC Operations Center no later than the next calendar day after discovery of a dose to an embryo/fetus that is greater than a 5 rem (50 millisievert) dose equivalent that results from an administration of byproduct material to a pregnant individual unless specifically approved by an authorized user physician.  On August 13, 2008, the licensee discovered that an embryo/fetus had received a dose of approximately 31.5 rem (50 millisievert) as a result of a sodium iodine-131administration to a pregnant individual and did not notify the NRC Operations Center until September 5, 2008.

Memorial Hospital of Sweetwater County (EA-09-071)

On May 14, 2009, the NRC issued a Notice of Violation to Memorial Hospital of Sweetwater County for a Severity Level III violation involving the failure to implement 10 CFR 20.1801.  Specifically, on February 12, 2009, the licensee stored radioactive materials in a hospital hot lab, a designated controlled area, and did not secure the materials therein from unauthorized removal or access by failing to lock the hot lab door. 

KAM Engineering Services, P.C. (EA-09-034)

On May 6, 2009, the NRC issued a Notice of Violation to KAM Engineering Services (KAM-ES), for two Severity Level III violations.  The first violation involved the failure to file NRC Form 241 “Report of Proposed Activities in Non-Agreement States,” at least three days prior to engaging in licensed activities within NRC jurisdiction.  Specifically, from March 1, 2008 until January 21, 2009, KAM-ES, a holder of a North Carolina license, stored or used portable gauges in an area of exclusive federal jurisdiction without a specific license issued by the NRC and did not file Form-241 with the NRC.  The second violation involved a failure to utilize a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal whenever the gauges were not under the control and constant surveillance of the licensee, as required by 10 CFR 30.34(i).  Specifically, KAM-ES periodically stored two portable gauges in a trailer-type container, and the trailer only had a single lock on the door to secure gauges from unauthorized removal, whenever they were not under the control and constant surveillance of KAM-ES.

S&M Testing Laboratory (EA-08-332)

On March 23, 2009, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $16,250 was issued to S&M Testing Laboratory for three Severity Level III violations. The first violation involved a deliberate failure to confine possession of byproduct material to only those locations authorized by the NRC license.  Specifically from May 1, 2007, through September 23, 2008, S&M Testing stored portable gauges at a location in Gurabo, Puerto Rico (PR) which was not an authorized storage location on the license.  The second violation involved a deliberate failure to provide the NRC an opportunity to inspect byproduct material and the premises where the byproduct material was stored, as required by 10 CFR 30.52(a).  Specifically, from May 1, 2007 through August 6, 2008, S&M Testing failed to respond to NRC letters and telephone calls that requested information regarding its licensed activities and storage of licensed material. The third violation involved a failure to utilize a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal whenever the gauges were not under the control and constant surveillance of the licensee, as required by 10 CFR 30.34(i).  Specifically, between May 1, 2007, and September 23, 2008, the portable gauges were stored in locked metal boxes located in an unrestricted area, but the keys to the boxes were left in another unrestricted area and during this period the gauges were not under the control and constant surveillance of S&M Testing.

Quality Inspection Services, Inc. (EA-08-158)

On March 10, 2009, a Confirmatory Order (effective immediately) was issued to Quality Inspection Services, Inc. (QISI) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) settlement agreement. The licensee requested ADR following the NRC’s September 15, 2008, Notice of Violation and Proposed civil penalty of $6,500, for a willful violation of 10 CFR 34.71, involving the failure to maintain utilization logs of radiographic activities and three other related violations.  As part of the agreement, QISI agreed to take a number of actions including revising the existing Operations and Emergency (O&E) Manual, adding a radiation safety component to the existing Newsletter, developing a video recording that can be used for a presentation at a national industry conference, increasing audits of the radiographers working areas, and an inquiry of all radiographers during the next two annual radiation safety program reviews.  In recognition of QISI’s proposed extensive corrective actions, in addition to corrective actions already taken, the NRC agreed to reduce the civil penalty originally proposed to $500. 

Mattingly Testing Services, Inc. (EA-08-271)

On March 6, 2009, the NRC issued an immediately effective Confirmatory Order to Mattingly Testing Services, Inc. that issued commitments resulting from an Alternative Dispute Resolution settlement agreement with the licensee to address nine apparent violations and corrective actions. The nine apparent violations are summarized as follows: (1) failure to wear required dosimetry during radiographic operations by a radiographer’s assistant; (2) failure to secure a radiographic exposure device containing radioactive material with a minimum of two independent physical controls; (3) failure to notify NRC within 24 hours after discovery of an event; (4) failure to use pocket dosimetry that is calibrated; (5) failure to have a required functional alarm system; (6) failure to provide complete and accurate information to the Commission; (7) failure to provide supervision of an assistant radiographer by a radiographer during use of radiographic equipment; (8) failure to remove damaged equipment from service; and (9) failure to assure that an individual acting as an assistant radiographer had completed a practical examination on the use of radiographic equipment.  As part of the settlement, NRC agreed not to pursue any further enforcement action in connection with the apparent violations and will not count this matter as previous enforcement for the purposes of assessing potential future enforcement action.

Schlumberger Technology Corporation (EA-08-261)

On February 24, 2009, a Confirmatory Order (effective immediately) was issued to Schlumberger Technology Corporation (Schlumberger) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) settlement agreement. NRC identified two violations during inspection and investigation involving: (1) a willful failure to maintain required records complete and accurate as required by 10 CFR 30.9, and (2) failure to maintain control over licensed material as required by 10 CFR 20.1802.  In response to these violations, the licensee requested ADR.  As part of the agreement, Schlumberger agreed to take a number of actions including developing and implementing an enhanced accountability and security program for licensed materials, conducting additional line management reviews of the radiation safety program, and paying a civil penalty in the base amount of $3250.  In recognition of these and other actions, as well as those actions already completed, the NRC agreed not to pursue further enforcement action against Schlumberger for the violations.  

St. John Macomb-Oakland Hospital (EA-08-329)

On February 18, 2009, a Notice of Violation (NOV) was issued for a Severity Level III violation.  The NOV involved a violation of Condition 11.B of the facility's license, which authorized a specifically named individual to fulfill the responsibilities of the Radiation Safety Officer (RSO) for the brachytherapy activities.  Specifically, as of November 2007, the authorized individual was no longer employed by the consulting firm retained by the licensee and did not fulfill the RSO responsibilities.  The licensee failed to appoint a new RSO following the previous RSO's departure from the consulting firm. 

Sabia, Inc. (EA-08-237)

On January 29, 2009, the NRC issued a Notice of Violation and Imposition of Civil Penalty in the amount of $13,000 to Sabia, Inc. for a Severity Level III violation of 10 CFR 20.1101.  Specifically, between February 25 and 29, 2008, the licensee conducted gauge dismantlement activities and failed to develop, document, and implement a radiation protection program commensurate with the scope and extent of this licensed activity.  This failure created a substantial potential for exposures or releases in excess of the applicable NRC regulatory limits when its activities resulted in contamination of its workers and the facility.  In addition, the licensee failed to have a radiation protection program for the gauge dismantlement activities that was sufficient to ensure that occupational doses were as low as is reasonably achievable (ALARA), resulting in worker doses that were not ALARA.

Huntington Testing & Technology, Inc. (EA-08-303)

On January 22, 2009, a Notice of Violation (NOV) was issued for a Severity Level III problem. The violations involved the failure to comply with license condition and to provide event notification as required, in a timely manner.  Specifically, on August 20, 2008, the licensee had an event where a radiography camera was disabled and failed to function as designed. The lead radiographer and the field Radiation Safety Officer, who were not trained or authorized by the NRC license, conducted source retrieval activities and shielded-down a source.  In addition, the licensee did not notify the NRC until September 3, 2008, two weeks after this event. 

Cal Testing Services, Inc. (EA-08-286)

On January 5, 2009, a Notice of Violation (NOV) and Proposed Imposition of Civil Penalty in the amount of $6,500 was issued to Cal Testing Services, Inc.  This action is based on a Severity Level III violation of NRC License Condition 20 involving the failure of the licensee to conduct its program in accordance with the statements, representations, and procedures contained in an application (with attachments) provided to the NRC.  Specifically, the licensee failed to connect the control cable to the source assembly before cranking the source out of the radiographic exposure device, as required by the licensee’s procedures.  This event resulted in a disconnected source event.

All significant enforcement actions issued to materials licensees

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Page Last Reviewed/Updated Friday, July 12, 2013