United States Nuclear Regulatory Commission - Protecting People and the Environment

2014 Materials Actions

ATC Group Services, Inc., Indianapolis, IN (EA-13-251)

On November 19, 2014, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,500 to ATC Group Services, Inc., for a Severity Level III violation. The violation involved the failure to control and maintain constant surveillance of licensed material that is in an unrestricted area and not in storage as required by 10 CFR 20.1802. Specifically, on November 18, 2013, a licensee employee left a portable gauge secured in the back of an open-bed truck with the vehicle doors unlocked and keys in the ignition. Subsequently, the vehicle was stolen. Despite the licensee’s efforts to recover the gauge, which included placing a publicly available advertisement offering a monetary reward, the gauge has not been recovered as of November 19, 2014.

Kruger Technologies, Inc., Lenexa, Kansas (EA-14-113)

On October 28, 2014, the NRC issued a Confirmatory Order to Kruger Technologies, Inc., confirming commitments reached as part of an alternative dispute resolution (ADR) mediation session. The session was associated with the failure to secure a portable gauge with a minimum of two independent physical controls when not under control or constant surveillance as required by 10 CFR 30.34(i). Specifically, on May 21, 2014, an NRC inspector observed an unsecured portable gauge in the bed of a pickup truck parked in front of the licensee’s building. There were no licensee personnel in the immediate vicinity to provide control or constant surveillance of the gauge. The licensee will take a number of actions, including but not limited to: (1) revising the company-wide policy to describe implementation of NRC safety and security requirements for portable gauges; (2) ensuring all authorized gauge users are trained initially and annually on the revised company-wide policy; (3) increasing management oversight by establishing a process to periodically conduct field inspections; and (4) providing Radiation Safety Officer training for an additional authorized gauge user. In consideration of the commitments outlined in the Confirmatory Order, the NRC agreed to refrain from issuing a Notice of Violation or proposing a civil penalty for the apparent violation.

Wittnauer Worldwide, LP, Bridgeton, MO (EA-13-240)

On October 24, 2014, the NRC issued a Notice of Violation to Wittnauer Worldwide, LP for a Severity Level III violation. The violation involved the licensee's failure to complete decommissioning of the waste storage location within 24 months following the initiation of decommissioning as required by 10 CFR 30.36. Specifically, Wittnauer's license, which authorized possession only of waste material at a storage location in San Juan, Puerto Rico, expired on February 28, 2010, but the licensee did not complete decommissioning of the site until August 13, 2014, a period greater than 24 months.

Idahoan Foods, LLC , Lewisville, Idaho (EA-14-089)

On October 16, 2014, the NRC issued a Notice of Violation to Idahoan Foods, LLC, for a Severity Level III Problem for two related violations. The violations involved the inappropriate transfer for disposal of two devices containing byproduct material to an entity not authorized to receive the devices, and the failure to appoint an individual responsible for ensuring compliance with the appropriate regulations and requirements related to byproduct material. Specifically, on January 24, 2014, a generally licensed device containing byproduct material belonging to Idahoan Foods, LLC was found in a load of scrap metal at a recycling facility in the State of California. It was transferred to the manufacturer and a second device remains unaccounted for and was believed to be sold as scrap metal during 2012. Additionally, at the time of the purchase of these devices, the licensee did not appoint an individual with responsibility for complying with the applicable regulations and requirements related to the byproduct material.

Truman Medical Center, Kansas City, Missouri (EA-14-115)

On October 8, 2014, the NRC issued a Notice of Violation to Truman Medical Center for a Severity Level III violation of 10 CFR 35.75(a) involving the release of individuals who had been administered unsealed byproduct material.  The licensee failed to ensure that a member of the public would not receive an exposure likely to exceed 5 milliSievert (0.5 rem) from the released individual.  Specifically, on June 27, 2011, and November 30, 2012, the licensee released individuals who had received I-131 sodium iodide administrations of 70 and 69.3 millicuries, respectively, but the licensee's maximum outpatient release level of 54 millicuries was based on a calculated dose of 5 milliSievert (0.5 rem) to any other individual.

Metro Cardiovascular Diagnostics, Florissant, Missouri (EA-14-072)

On September 30, 2014, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,500 to Metro Cardiovascular Diagnostics for a Severity Level III violation and a Severity Level III problem. The Severity Level III violation involved the licensee's nuclear medicine technologist (NMT) willfully failing to check the radiation survey meter for current calibration status prior to performing radiation surveys on June 28, 2012, and November 20, 2012, as required by the licensee's waste disposal procedure. In addition, several radiation safety violations were included as a Severity Level III problem and involved the failure to: (1) calibrate the survey meter; (2) verify the linearity of the dose calibrator; (3) verify the efficiency of the well counter; (4) perform sealed source leak tests; (5) perform sealed source physical inventories; (6) maintain records of hazardous material training; (7) perform an annual audit; and (8) implement the radiation safety program. The radiation safety activities were required by licensee procedures and 10 CFR Parts 20, 35, and 71.

Diagnostic Imaging Centers , Overland Park, Kansas (EA-14-108)

On August 26, 2014, the NRC issued a Notice of Violation to Diagnostic Imaging Centers for a Severity Level III violation involving the failure to ensure written directives are dated and signed by an authorized user before the administration of I-131 sodium iodide greater than 1.11 megabecquerels (30 microcuries) as required by 10 CFR 35.40(a).  Specifically, on September 3, 2008, and December 8, 2010, the licensee failed to have a written directive dated and signed by an authorized user before the administration of 5 millicuries of I-131 sodium iodide.  The written directives were signed by individuals who were not authorized users for this specific medical use.

City of St. Peters, St. Peters, Missouri (EA-14-106)

On August 19, 2014, the NRC issued a Notice of Violation to the City of St. Peters for a Severity Level III violation. The violation involved the failure to ensure licensed material is only used by, or under the supervision and in the physical presence of, individuals who have successfully completed the manufacturer's training program for gauge users as required by NRC License Condition 12. Specifically, from approximately May through August 2009, the licensee allowed two individuals to use licensed material without supervision at temporary job sites, and the individuals had not completed the manufacturer's training for gauge users.

ConAgra Foods, Trenton, Missouri (EA-14-075)

On August 1, 2014, the NRC issued a Notice of Violation to ConAgra Foods for a Severity Level III Problem involving three violations. The first violation involved the failure to transfer or dispose of a device containing byproduct material only by export as provided by 10 CFR 31.5(c)(7), by transfer to another general licensee as authorized in 10 CFR 31.5(c)(9), or to a person authorized to receive the device by a specific license as required by 10 CFR 31.5(c)(8)(i). Specifically, on December 18, 2013, the licensee reported that two gauges and four exit signs were missing from their facility. The second violation involved the failure to furnish a report to the Director, Office of Federal and State Materials and Environmental Management Programs (FSME), within 30 days after the transfer of a device to a specific licensee or export. Specifically, between November 8, 2004, and December 8, 2004, the licensee transferred a generally licensed device to a specific licensee, the manufacturer, Industrial Dynamics, Inc., on November 8, 2004, and did not provide a report to FSME until December 18, 2013. The third violation involved the licensee holding devices that were not in use for longer than 2 years. 10 CFR 31.5(c)(15) provides an exception to the two-year limit, if the general licensee performs quarterly physical inventories of these devices while they are in standby. However, as of April 21, 2014, the licensee held in its possession four generally licensed devices for greater than two years that were not in use and without conducting quarterly inventories.

Saint Louis University, St. Louis, Missouri (EA-14-076)

On July 25, 2014, the NRC issued a Notice of Violation to Saint Louis University for a Severity Level III violation involving the failure to secure licensed materials that are stored in controlled or unrestricted areas from unauthorized removal or access as required by 10 CFR 0.1801. Specifically, on April 7, 2014, the licensee failed to lock the laboratory door used to secure and limit access to licensed materials.

University Nuclear and Diagnostics, LLC, Davie, Florida (EA-13-026)

On May 13, 2014, the NRC issued a Severity Level III Notice of Violation to University Nuclear and Diagnostics (UND), LLC for a violation for engaging in deliberate misconduct, as required by 10 CFR 30.10(a). Specifically, UND, deliberately failed to 1) calibrate a survey instrument yet provided falsified survey instrument calibration records dated as required by 10 CFR 35.61; 2) instructed its employees to document radiation survey results when the survey instrument was not working or not on site as required by 10 CFR 30.9; 3) failed to perform required contamination surveys as required by License Condition 15.A of Amendment 1 of License 21-32316-01; 4) and failed to perform an annual audit and falsified annual records as required by 10 CFR 30.9. This violation for engaging in deliberate misconduct caused Bradley D. Bastow, D.O. to be in violation of NRC requirements.

ECS Carolinas, LLP, Wilmington, North Carolina, LLP (EA-14-029)

On April 23, 2014, the NRC issued a Notice of Violation to ECS Carolinas, LLP (ECS), for a Severity Level III Problem for two related violations. The violations involved ECS's failure to: (1) control and maintain constant surveillance of the gauge that is in an unrestricted area as required by 10 CFR 20.1802 and (2) use two independent physical controls that form tangible barriers to secure the gauge from unauthorized removal in accordance with 30.34(i).  Specifically, on May 23, 2011, an unsecured portable gauge was inadvertently left unattended and uncontrolled at a jobsite at the Marine Corps Base, Camp Lejeune.  The unattended gauge was recognized and recovered by a Camp Lejeune contractor, who secured the gauge and subsequently returned to ECS approximately three hours later.

Centro de Medicina Nuclear, Santurce, PR (EA-13-059)

On April 8, 2014, the NRC issued an Order Imposing Civil Monetary Penalty to Centro de Medicina Nuclear (CDM). Following the NRC’s November 5, 2013, Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000, 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 a failure to comply with the actions required by an Order issued on August 7, 2012, after CDM failed to pay the NRC licensing fee. Accordingly, NRC concluded that the violation remains valid and issued an order imposing Civil Monetary Penalty in the amount of $7,000.

IUPUI/Indiana University Medical Center, Indianapolis, Indiana (EA-14-028)

On April 3, 2014, the NRC issued a Notice of Violation to IUPUI/Indiana University Medical Center for a Severity Level III violation involving the failure to secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas as required by 10 CFR 20.1801.  Specifically, on January 16, 2014, the licensee stored radioactive material in laboratories with doors that were not secured. 

Dominion NDT Services, Inc., Richmond, VA (EA-14-026)

On April 2, 2014, the NRC issued a Notice of Violation to Dominion NDT Services, Inc., (Dominion), for a Severity Level III violation. The 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, as required by 10 CFR 150.20(b).  Specifically, on January 11, 2013, September 28, 2013, and November 2, 2013, Dominion, a licensee of the Commonwealth of Virginia, performed industrial radiography activities at the Craney Island Naval Fuel Depot in Norfolk, Virginia, an area of exclusive Federal jurisdiction, without filing the required documentation with the NRC.

Kuehne Company, Delaware City, Delaware (EA-13-244)

On March 20, 2014, the NRC issued a Notice of Violation to Kuehne Company (Kuehne) for a Severity Level III violation. The violation involved a failure to transfer or dispose of a device containing byproduct material to persons holding a specific license pursuant to 10 CFR Parts 30 and 32 or to an Agreement State, as required by 10 CFR 31.5(c)(8).  Specifically, on October 31, 2013, a sealed source serial number 959-4-88, formerly possessed by Kuehne, was found in a scrap yard located in Coatesville, Pennsylvania and Kuehne did not properly transfer or dispose of the device containing the source to a facility authorized to receive it.

City of Kirksville, Kirksville, Missouri (EA-14-001)

On March 17, 2014, the NRC issued a Notice of Violation to the City of Kirksville for a Severity Level III violation involving the failure to only transfer byproduct material to persons authorized to receive such byproduct material in accordance with 10 CFR 30.41(a) and (b)(5). Specifically, on or about December 2, 2013, the licensee transferred a specifically-licensed portable gauge to a company not authorized to receive such byproduct material under the terms of a specific or general license issued by the Commission or an Agreement State.

Tetra Tech, Inc., Newark, Delaware (EA-13-227)

On February 24, 2014, the NRC issued a Notice of Violation to Tetra Tech, Inc. (Tetra Tech) for a Severity Level III violation. The violation involved a failure to confine possession and use of the byproduct material to the locations and purposes authorized in the license, as required by 10 CFR 30.34(c). Specifically, between June 7, 2006 and October 22, 2013, on multiple occasions, Tetra Tech personnel conducted maintenance of portable nuclear gauges that required detaching the source rod from the gauge and was not specifically licensed by the NRC or an Agreement State to perform such services.

Valley Quarries, Inc. (EA-13-215)

On February 6, 2014, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,500 to Valley Quarries Inc. (VQI), for a Severity Level III Problem for three related violations. The three violations involved VQI's willful failure to: (1) secure the gauge containing radioactive materials to prevent from shifting during transport as required by 10 CFR 71.5; (2) control and maintain constant surveillance of the gauge that is in an unrestricted area as required by 10 CFR 20.1802; and (3) use two independent physical controls that form tangible barriers to secure the gauge from unauthorized removal in accordance with 30.34(i).  Specifically, on May 3, 2013, VQI, a licensee of the Commonwealth of Pennsylvania, while working under reciprocity in a non-Agreement State, did not secure a portable gauge containing licensed materials to prevent shifting while transporting it in the back of a pickup truck over a public highway, an unrestricted area, in West Virginia.  Consequently, the gauge fell out of the truck bed on a highway and was left unsecured in an area not controlled by the licensee. The gauge was found by a member of the public who subsequently returned it to the licensee through the Agreement State regulator.

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Page Last Reviewed/Updated Wednesday, December 03, 2014