United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Materials Licensees - A

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This table includes a collection of significant enforcement actions (referred to as "escalated") that the NRC has issued to materials licensees.

The types of actions and their abbreviations are as follows:

  • Notice of Violation for Severity Level I, II, or III violations (NOV)
  • Notice of Violation and Proposed Imposition of Civil Penalty (NOVCP)
  • Order Imposing Civil Penalty (CPORDER)
  • Order Modifying, Suspending, or Revoking License (ORDER)

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Licensee Name and
NRC Action Number
Action Type
(Severity) &
Civil Penalty
(if any)
Date Description
21st Centrury Technologies, Inc., TX
EA-03-187
NOVCP
(SL III)
$6,000
04/13/2004 On April 13, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III problem that resulted from the licensee's failure to ensure compliance with their NRC exempt distribution license. Specifically, the licensee did not obtain the required NRC authorization before distributing tritium-bearing gun sights and other devices that were not authorized by their license.
ORDERCP
$6,000
08/30/2004
A.E. Staley Manufacturing Co., IL
EA-96-042
NOV
(SL III)
04/04/1996 Unauthorized removal of a gauge by licensee contractor.
A.Z. Bullitt Avenue Ltd., PA
EA-96-476
NOV
(SL III)
01/31/1997 Failure to initiate decommissioning activities.
ABB, Inc, OH
EA-03-196
NOVCP
(SL III)
$3,000
11/26/2003 On November 26, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III problem involving the failure to secure from unauthorized removal or limit access to licensed material (approximately 78 millicuries of strontium-90 in a sealed source capsule) in an unrestricted area, and failure to control and maintain constant surveillance of this licensed material, resulting in the loss of the source into the public domain (most likely the county landfill). Although the civil penalty would have been fully mitigated based on the normal civil penalty assessment process, a base civil penalty was assessed in accordance with Section VII.A.1.g of the Enforcement Policy to reflect the significance of maintaining the control of licensed material.
Abex Corporation Research Center, NJ
EA-97-285
NOV
(SL III)
09/10/1997 Abandonment of licensed material. Improper transfer of licensed material.
Abington Memorial Hospital, PA
EA-96-186
NOV
(SL III)
07/12/1996 Lost source and violation of 10 CFR 35.59 requirement to conduct inventories.
Accurate NDE & Inspection, LLC., LA
EA-11-043
ORDER 12/19/2011 On December 19, 2011, an Immediately Effective Confirmatory Order was issued to Accurate NDE and Inspection, LLC (Accurate), to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) mediation session held on September 28, 2011. This enforcement action is based on two willful violations involving (1) the failure to maintain accurate personnel monitoring information; and (2) the failure to comply with a state license requirement for radiographers to notify the licensee radiation safety officer (RSO) before attempting to retrieve a disconnected source. Three additional violations were identified involving (1) the failure to wear personnel dosimeters while performing radiographic operations; (2) the failure to conduct a radiation survey when a radiographic exposure device was placed into storage; and (3) the failure to immediately report the loss of a sealed source. Accurate agreed to take a number of actions including (1) providing and recording initial and annual training to deter willful violations and address specified related topics; (2) developing and submitting procedures for training the RSO or any manager designated to be on-call; (3) submitting copies of procedures to the NRC when performing radiographic operations in NRC jurisdiction; and (4) paying a civil penalty in the amount of $13,500.
Accurate NDE & Inspection, LLC., LA
EA-06-281
NOVCP
(SL III)
$13,000
03/20/2007 On March 20, 2007, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $13,000 was issued for a Severity Level III problem. The violations involved the failure to secure from unauthorized removal or limit access to a radiographic exposure device that was being improperly stored on an offshore platform, which was in a controlled area or unrestricted area; the failure to wear required personnel dosimetry during radiographic operations; and the failure to provide complete and accurate information on documents provided to an NRC inspector. Because willfulness was associated with the problem, the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in the NRC Enforcement Policy, and determined that in this case, it was not.
Accurate NDE & Inspection, LLC., LA
EA-00-300
NOV
(SL III)
01/11/2001 On January 11, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure of Accurate NDE & Inspection, a licensee of the State of Louisiana, to file NRC Form 241, "Report of Proposed Activities in Non-Agreement State," prior to conducting radiographic operations using iridium-192 on off-shore oil/gas platforms in waters off of the Gulf of Mexico in areas of Federal jurisdiction.
Accurate NDE & Inspection, LLC., LA
EA-06-281; EA-07-289
ORDER 02/20/2008 On February 20, 2008, a Confirmatory Order (effective immediately) was issued to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) settlement agreement. The licensee requested ADR following the NRC's March 20, 2007, Notice of Violation and Proposed civil penalty of $13,000 for a willful violation involving the failure to secure from unauthorized removal or access licensed material that was stored in an unrestricted area; failure to wear required personnel dosimetry during radiographic operations; and failure to provide complete and accurate information on documents provided to an NRC inspector. As part of the agreement, Accurate NDE agreed to additional management review and oversight programs that will include implementation of amended procedures for offshore radiographic operations, implementation of a training program, and increased audits of the program. Accurate NDE will also submit an article in the company newsletter regarding this case and the consequences of wrongdoing. In exchange for Accurate NDE's extensive corrective actions, the NRC agreed to reduce the civil penalty originally proposed to $500.
Adams Construction Company, VA
EA-02-161
NOV
(SL III)
08/14/2002 On August 14, 2002, a Notice of Violation was issued for a Severity level III violation involving the failure to maintain control and constant surveillance of licensed material (a portable gauge, containing 8 millicuries of cesium-137) in use at a temporary job site, an unrestricted area.
ADCO Services, Inc.
Tinley Park, Illinois
EA-13-131
NOV
(SL III)
10/30/2013 On October 30, 2013, the NRC issued a Notice of Violation to ADCO Services, Inc., for a Severity Level III violation. The violation involved the failure to have an individual specifically named on the license fulfill the duties of the Radiation Safety Officer (RSO) as required by License Condition 11. A of the NRC License. Specifically, the RSO left the company on June 30, 2012, and the licensee did not hire a new qualified RSO and submit an amendment request to the NRC until February 1, 2013.
Advanced Material Services, LLC, AL
EA-11-276
NOV
(SL III)
04/17/2012 On April 17, 2012, the NRC issued a Notice of Violation to Advanced Material Services, LLC (AMS) for a Severity Level III violation. The violation involved a 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, between May 12 and June 26, 2008, AMS, which only holds an Alabama (Agreement State) license, used a portable nuclear gauge, at temporary jobsites within the State of Connecticut (non-Agreement state), without obtaining a specific license issued by the NRC or filing NRC Form-241, at least three days before engaging in such activity.
Advanced Medical Imaging and Nuclear Services, PA
EA-02-072
NOVCP
(SL II)
$43,200
10/22/2002 On October 22, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $43,200 was issued for a Severity Level II problem involving willfully using byproduct material without an Authorized User, failing to appoint a Radiation Safety Officer, and creating incomplete and inaccurate records. Although the normal civil penalty assessment process would have resulted in a base civil penalty, the NRC exercised discretion in accordance with Section VIIA.3 of the Enforcement Policy and assessed a base civil penalty for each day the violation continued after the licensee's consultant raised the issue. Discretion was warranted base on the egregiousness of the violations, the level of management involved, the economic benefit of being in noncompliance, and the failure to take corrective action after the consultant's findings.
Advanced Medical Imaging and Nuclear Services, PA
EA-01-313
ORDER 12/14/2001 On December 14, 2001, an immediately effective Order Suspending License was issued. The order was based on the licensee's possession and use of radioactive materials (including the diagnostic administration to patients) without a required authorized user or Radiation Safety Officer.
Advance Testing Company, Inc.
EA-03-001
NOV
(SL III)
01/28/2003 On January 28, 2003, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material (8 millicuries of cesium-137 and 40 millicuries of americium-241 in a moisture density gauge) located at a temporary job site, which was an unrestricted area.
Advantage Engineering, LLC ., PA
EA-06-214
NOV
(SL III)
10/18/2006 On October 18, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure by the authorized gauge operator to control and maintain constant surveillance of a portable nuclear gauge. Specifically, the gauge, which contained NRC-licensed radioactive material (two radioactive sources), was damaged when it was run over by a bulldozer after the authorized gauge operator had left it unattended for approximately five minutes at a job site.
Advex Corporation, VA
EA-09-030
NOV
(SL III)
07/02/2009 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).
Ahern & Associates, Inc., WV
EA-08-150
NOV
(SL III)
07/09/2008 On July 9, 2008, a Notice of Violation was issued to Ahern & Associates, Inc. This action is based on a Severity Level III violation of 10 CFR 30.34(i) involving the licensee's failure to maintain a minimum of two independent physical controls that formed tangible barriers to secure a portable gauge from unauthorized removal during a period when the portable gauge was not under the control and constant surveillance of the licensee. Specifically, a portable gauge was left unattended inside an unlocked storage area with only one physical control (a locked cabinet container) that formed a tangible barrier to secure the portable gauge.
Alaron, PA
EA-98-144
NOVCP
(SL III)

$ 5,500
06/03/1998 Willful violation of 2 year limitation on storage of radioactive waste.
Alaska Industrial X-Ray, Inc., AK
EA-10-231
ORDER 06/07/2011 On June 7, 2011, a Confirmatory Order (effective immediately) was issued to Alaska Industrial  X-Ray Inc. (AIX) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) settlement agreement. During inspection and investigation, NRC identified a deliberate violation associated with two conditions of the Order Modifying License (EA-08-196): (1) failure to have an independent consultant or contractor perform field audits and submit the audit reports to AIX, and the NRC, as required by Condition 1 of the Order, from August 2008 through March 2010 and (2) failure to have an independent consultant or a contractor evaluate the effectiveness of AIX’s radiation safety program, as required by Condition 3 of the Order, from September 2008 through October 2010. In response to these violations, the licensee requested ADR.  As part of the agreement, AIX agreed to take a number of actions including training for all AIX employees engaged in licensed activities on what is meant by willfulness, conducting an annual review of its radiation safety and compliance program by an independent auditor, conducting quarterly audits of AIX radiographers as they perform radiography, and paying a civil penalty in the amount of $1,000. 
Alaska Industrial X-Ray, Inc., AK
EA-07-325; EA-008-196
NOVCP & ORDER
$20,800
08/20/2008 On August 20, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $20,800 was issued to Alaska Industrial X-Ray, Inc. for a willful Severity Level II problem involving (1) performing radiography at a location other than a permanent radiographic installation without the presence of two qualified individuals, in violation of 10 CFR 34.41(a), and (2) failing to provide the NRC with information that was complete and accurate in all material respects, in violation of 10 CFR 30.9(a). The NRC also issued an immediately effective Order Modifying License to require additional actions by the licensee to provide reasonable assurance that the health and safety of the public will be protected.
Alaska Industrial X-Ray, Inc., AK
EA-07-261
ORDER 10/19/2007 On October 19, 2007, an Order Suspending Licensed Activities (Effective Immediately) was issued to Alaska Industrial X-Ray, Inc. (AIX) based on the NRC's determination that all AIX radiographers, including AIX's Radiation Safety Officer, and assistants, violated 10 CFR 34.41(a) by performing industrial radiographic operations at a temporary job site with only one qualified individual present during operations. The evidence the NRC relied on indicates that these activities have occurred on numerous occasions, for a period of up to three years. Because the NRC issued a Notice of Violation on April 25, 2001, for a willful violation of 10 CFR 34.41(a) at the same client facility location, serious concerns were raised regarding AIX's willingness to comply with the Commission's requirements and its ability to conduct licensed activities without undue risk to the public's health and safety, resulting in the issuance of this order suspending all radiographic operations authorized by AIX's license.
Relaxtion-ORDER Suspending Licensed Activities 11/08/2007 On November 8, 2007, a Relaxation of Order Suspending Licensed Activities (Effective Immediately- dated October 19, 2007) was issued to Alaska Industrial X-Ray, Inc. (AIX) based on the licensee's proposal to implement several actions to provide the NRC with assurance that AIX will comply with the 2-person rule during NRC-licensed radiographic operations. Specifically, the licensee's actions include: use of a capable, independent consultant to perform unannounced audits of AIX's radiographic activities, with emphasis on the 2-man rule and results of the audits will be reported to NRC monthly; strengthening of the controls over personnel access to the radiography location; construction of a dark room at the radiographic locations; communication of AIX's schedule for radiographic activities in advance to both the consultant and NRC; and designation of a different Radiation Safety Officer. However, this relaxation does not have any effect on the ongoing Office of Investigation's investigation or any potential enforcement action that may be taken based on the outcome of that investigation.
Alaska Industrial X-Ray, Inc., AK
EA-01-015
EA-01-016
NOV
(SL III)
04/25/2001 On April 25, 2001, a Notice of Violation was issued for two Severity Level III violations. The first violation involved the deliberate failure to assure that two qualified radiography personnel were present during radiographic operations. Although a civil penalty would normally be proposed for this case, the NRC exercised enforcement discretion in accordance with Section VII.B.6 of the Enforcement Policy and refrained from issuing a civil penalty because the violation would not have been identified had the involved radiographer not voluntarily provided information during the investigation. The second violation involved the failure of a radiographer's assistant to wear an alarm ratemeter while involved in radiographic operations.
Alaska Rim Engineering, Inc., AK
EA-08-139
EA-08-140
NOV
(SL III)
09/17/2008 On September 17, 2008, a Notice of Violation and Exercise of Enforcement Discretion were issued for a Severity Level III problem. The violations involved possession and use of a portable gauge containing radioactive material without an NRC license, and failure to provide complete and accurate information in its license application dated March 6, 2007. Specifically, from May 17, 2003, until March 6, 2007, Alaska Rim Engineering, Inc., possessed and used a portable gauging device in the state of Alaska, a non-Agreement State, without an NRC license and on March 6, 2007, Alaska Rim Engineering, Inc., submitted an application for an NRC license stating that it was planning to purchase and will be licensing one portable moisture density gauge. This is inaccurate because it had purchased and used the gauge in May 2003, without an NRC license.
State of Alaska Department of Transportation & Public Facilities, AK
EA-03-126
NOV &
(Order)
03/15/2004 On March 15, 2004, a Notice of Violation was issued for a Severity Level II violation based on the licensee discriminating against one of its employees for raising safety concerns regarding radiation exposures to other employees. The NRC also issued an immediately effective Confirmatory Order to confirm certain commitments, as set forth in the Order, involving the licensee's internal policies and procedures pertaining to assuring compliance with NRC employee protection requirements.
State of Alaska Department of Transportation & Public Facilities, AK
EA-03-190
NOVCP
(SL III)

$21,000
03/15/2004 On March 15, 2004, a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $21,000 was issued for (1) a willful Severity Level II problem ($15,000) involving radiation exposures in excess of NRC's annual public exposure limit and failure to perform surveys appropriate to demonstrate compliance with NRC dose limits for individual members of the public and (2) a willful Severity Level III violation ($6,000) involving the failure to provide copies of two exposure reports to six affected individuals.
Alfonso Deleo, Jr.., PA
EA-99-057
NOVCP
(SL III)

$15,000
08/23/1999 Violation involving willful unauthorized possession of nuclear gauges.
ORDER
$ 5,500

08/23/1999
Withdrawal 12/26/2000
Alfonso Deleo, Jr., PA
EA-99-217
ORDER 12/13/1999 On December 13, 1999, an Order was issued based on failure to comply with the terms of the February 12, 1996, Order Suspending License and failure to pay annual fees.
Allan A. Myers, Inc., PA
EA-99-042
NOVCP
(SL III)

$ 2,750
07/13/1999 Three willful violations involving (1) use of portable gauge by unauthorized individual (2) use of gauge without dosimetry, and (3) failure to maintain control and surveillance of gauge.
Allegheny Wireline Services, WV
EA-99-034
EA-00-005
NOVCP
(SL III)

$ 5,500
02/08/2000 On February 8, 2000, a Notice of Violation and Proposed Imposition of Civil Penalties was issued for a SL III problem involving (1) the failure to conduct radiation surveys at well sites; and (2) the failure to maintain complete and accurate records of these surveys, as required by License Condition 21 and 10 CFR 30.9; and a SL III violation involving the failure of the Radiation Safety Officer (RSO) to provide adequate oversight concerning the completion of radiation surveys and radiation survey records as required by License Condition 21.
Allegiance Health, MI
EA-09-266
NOV
(SL III)
01/06/2010 On January 6, 2010, the NRC issued a Notice of Violation to Allegiance Health for a Severity Level III violation involving the failure to develop written procedures to provide high confidence that the administration was in accordance with the written directive as required by Title 10 of the Code of Federal Regulations (CFR), Section 35.41. Specifically, on April 16, 2009, the licensee's procedures did not contain any steps to ensure that no changes had occurred in the patients' prostate volume between the time the treatment plan was prepared and the administration of the treatment and no other method was provided to ensure that the administration was in accordance with the written directive.
Allied Inspection Services, Inc., MI
EA-01-213
NOV
(SL III)
09/17/2001 On September 17, 2001, a Notice of Violation was issued for a Severity Level III violation involving a radiographer's failure to wear a direct reading dosimeter and a personal dosimeter at all times during radiographic operations.
Allied Inspection Services, Inc., MI
EA-01-099
NOV
(SL III)
06/04/2001 On June 4, 2001, a Notice of Violation was issued for a Severity Level III violation involving the willful failure to test exposure devices using depleted uranium (DU) shielding and an "S" tube configuration for DU contamination within the required interval.
Allwest Geosciences, Inc, CA
EA-09-020
NOV
(SL III)
06/08/2009 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.
Alt & Witzig Engineering, Inc., IN
EA-02-135
NOVCP
(SL III)
$3,000
09/26/2002 On September 26, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III problem involving the failure to properly prepare (block and brace) a moisture density gauge (that included 8 millicuries of cesium-137 and 40 millicuries of americium-241/beryllium) for transport that resulted in the gauge being lost and the failure to immediately notify the NRC. Although the civil penalty would have been fully mitigated based on the normal civil penalty assessment process, a base civil penalty was assessed in accordance with Section VII.A.1.g of the Enforcement Policy to reflect the significance of maintaining the control of licensed material.
All Tech Corporation, ID
EA-03-128
NOVCP
(SL III)

$6,000
04/27/2004 On April 27, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III problem involving the deliberate failure to provide complete and accurate information to the NRC concerning the location of certain gauges containing NRC-licensed material.
ORDERCP
$6,000
12/10/2005
Alpha Omega Services, Inc., CA
EA-07-215
NOV - Letter
(SLIII)- Action
12/20/2007 On December 20, 2007, a Notice of Violation and Proposed Impostion of Civil Penalty in the amount of $19,200 were issued for a Severity Level II violation. In January 2003, the company deliberately provided materially inaccurate information to an NRC licensee and to a contractor for the licensee in violation of 10 CFR 71.8(b)(2). The company Operations Manager/Assistant Radiation Safety Officer signed a maintenance checklist indicating that a package was in compliance with the NRC Certificate of Compliance and approved for use, when he knew it was not. Additionally, in violation of 10 CFR 71.8(b)(1), Alpha Omega Services deliberately caused the NRC licensee to violate NRC requirements for a license when the licensee exported licensed material in nonconforming packages.
Altoona Hospital, PA
EA-98-194;
EA-98-202
NOVCP
(SL III)

$2,750
05/14/1998 Violation of the quality management program involving failure to have written directive for administering Iodine-131.
Ambric Engineering, Inc., PA
EA-97-357
NOV
(SL III)
08/22/1997 Sealed source left in unrestricted area.
American Engineering Testing, Inc., MN
EA-05-161
NOV
(SL III)
10/20/2005 On October 20, 2005, a Notice of Violation was issued for a Severity Level III problem involving (1) the failure to maintain continuous direct visual surveillance to protect against unauthorized entry into a high radiation area during a radiographic exposure at a field location; and (2) the failure to conduct a survey of the radiographic exposure device and guide tube after an exposure and before approaching the device and guide tube to ensure that the sealed source had returned to its shielded position.
American Geotech, Inc.
EA-03-019
NOVCP
(SL III)
$3,000
04/07/2003 On April 7, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a willful Severity Level III problem involving: (1) the failure to issue approved dosimetry to an individual who used licensed materials; and (2) the failure to ensure that individuals using licensed materials are either designated by the Radiation Safety Officer and properly trained, or are under required supervision of someone named on the license.
American Radiolabeled Chemicals
EA-12-077
NOVCP
(SL III)
06/25/2012 On June 25, 2012, the NRC issued a Notice of Violation to American Radiolabeled Chemicals for a Severity Level III violation involving the failure to implement 10 CFR 20.1801. Specifically, on April 2, 2012 the licensee failed to secure from unauthorized removal or limit access to licensed material stored in a controlled area.
American Radiolabeled Chemicals, Inc.
EA-08-126
NOVCP
(SL III)
$6,500
07/22/2008 On July 22, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6500 was issued for a Severity Level III problem. The violation involved multiple examples of failure to adhere to license commitments and regulations. Specifically, between January 22 and March 14, 2008, the licensee failed to: (1) secure from unauthorized removal or limit access to licensed material in an aggregate quantity greater than 1000 times Appendix C to 10 CFR Part 20 limits; (2) comply with license commitments related to management oversight of the radiation protection program, including a failure to conduct monthly meetings of the Radiation Safety Committee and a failure to implement timely and adequate corrective actions for issues identified during annual program reviews; (3) comply with license commitments related to radiological surveys; and (4) perform and document required investigations of contamination found in controlled and unrestricted areas.
American Radiolabeled Chemicals
EA-02-255
NOVCP
(SL III)
$12,000
04/17/2003 On April 17, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $12,000 was issued for a willful Severity Level III problem involving the deliberate failure to: (1) make required surveys to limit the dose to members of the public; (2) perform required weekly removable contamination surveys in the restricted and unrestricted areas; and (3) accurately record the results of required weekly fume hood face velocity measurements. Although the normal civil penalty assessment process would have resulted in a base civil penalty, the NRC exercised discretion in accordance with Section VII.A.1(c) of the Enforcement Policy and doubled the penalty due to the licensee's particularly poor performance surrounding the violations.
Analytical Bio-Chemistry Laboratories, Inc., MO
EA-10-135
NOV
(SL III)
10/13/2010 On October 13, 2010, the NRC issued a Notice of Violation to Analytical Bio-Chemistry Laboratories, Inc., for a Severity Level III problem involving two violations. The first violation involves the failure to notify the NRC in writing within 60 days of the decision to permanently cease principal activities in any separate building that contains residual radioactivity and is unsuitable for release as required by 10 CFR 30.36(d)(2). Specifically, as of February 2010, the licensee decided to permanently cease principal activities in two buildings that contained residual radioactivity, and the NRC was not notified until June 30, 2010, and July 14, 2010. The second violation involves the failure to submit a decommissioning plan and receive NRC approval of procedures used in aggressive remediation activities as required by 10 CFR 30.36(g). Specifically, on June 22, 2010, the licensee demolished and removed contaminated countertops, floors, and fume hoods with associated ventilation ducts. These types of activities involved techniques not routinely applied during cleanup or maintenance operations such that there was the potential for health and safety impacts to the workers.
Anderson Columbia Construction, Inc., FL
EA-96-314
NOV
(SL III)
10/02/1996 Failure to file for reciprocity, work conducted in exclusive federal jurisdiction.
Andrew Environmental Engineering, Inc., IL
EA-06-299
NOV
(SL III)
12/27/2006 On December 27, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage. Specifically, the gauge user left the portable gauge unattended at a job site to answer a phone call, thus failing to control access to the unrestricted area and provide constant surveillance of the gauge.
Anglin Civil Constructors, Ltd, MI
EA-04-031
NOV
(SL III)
04/07/2004 On April 7, 2004, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material (eight millicuries of cesium-137 and 40 millicuries of americium-241 in a nuclear gauge) in a controlled area and the failure to control and maintain constant surveillance of this licensed material.
Anheuser-Busch, Inc., MO
EA-97-291
NOVCP
(SL III)

$ 2,750
09/03/1997 Loss/improper disposal of sources.
Anthony & Edward Consultants, NJ
EA-10-068
NOV
(SL III)
06/25/2010 On June 25, 2010, the NRC issued a Notice of Violation to Anthony & Edwards Consultants (A&E) for a Severity Level III problem invovling three violations. The first violation invovled a failure to comply with the conditions of the NRC Order Revoking License, issued on July 28, 2009. Specifically, the licensee did not pay fees within 30 days or transfer the licensed material to an authorized recipient within 60 days from the date of the Order. The second violation involved a failure to afford the NRC an opportunity to inspect the A&E facility, as required by 10 CFR 19.14(a). Specifically between February 18, 2009 and September 17, 2009, the NRC made several attempts to contact the licensee to visit the facility and to schedule an inspection of licensed activities, but the licensee did not respond to these requests. And the third violation involved a failure to confine storage of licensed material to a location specified on the license, as required by 10 CFR 30.34(c). Specifically, from September 5, 2008 through at least September 30, 2009, the licensee stored the licensed material at a location not authorized by the license.
Anvil Corporation, WA
EA-99-083
NOVCP
(SL II)

$ 8,800
07/28/1999 Multiple failures to maintain occupational radiation doses, supervise radiographic operations, perform surveys, and wear an operating alarm ratemeter.
Apgee Corporation, PA
EA-96-246
ORDER 06/26/1997 Numerous violations involving distribution of licensed material including some that are potentially willful.
Applied Health Physics, Inc., PA
EA-96-353
ORDER 09/27/1996 Violation involving possession limit of radioactive waste.
Applied Health Physics, Inc., PA
EA-96-009

ORDER

Withdrawal

03/29/1996

04/17/1998

Failure to limit possession of byproduct material to those authorized, to limit possession of special nuclear material those authorized, and possession of licensed material waste in excess of 180 day period.
ArcelorMittal USA, Inc., IN
EA 10-044
NOV
(SL III)
06/02/2010 On June 2, 2010, the NRC issued a Notice of Violation to ArcelorMittal USA, Inc., for a Severity Level III violation involving the failure to ensure that only persons who have completed the licensee's training program, the gauge manufacturer's training course, or those persons specifically authorized by the Commission or an Agreement State remove gauges from service as required by license condition, Item 9. Specifically, on November 20, 2009, two individuals removed a gauge from service and neither individual had completed the licensee's training program or the gauge manufacturer's training course. In addition, on April 15, 2009, two other individuals removed a gauge from service, and one of those two individuals was not trained. None of the three individuals was authorized by the Commission or an Agreement State to remove gauges from service.
Arctic Slope Inspection Services, Inc., AK
EA 96-449
NOV
(SL III)
02/18/1997 The action was based on seven violations, including the failure to conduct surveys to determine that radiation levels in an unrestricted area are in compliance with dose limits for individual members of the public.
AREVA NP, Inc., WA
EA-10-041
ORDER 12/02/2010 On December 2, 2010, the NRC issued a Notice of Violation and a Confirmatory Order to AREVA NP, Inc., as a result of an Alternate Dispute Resolution settlement for a violation of 10 CFR 71.5(a) and 49 CFR 172.204(a) involving inaccurate transportation records for several export shipments of special nuclear material (SNM). Specifically, on December 9, 2009, and March 11 and 18, 2009, an AREVA employee deliberately altered (falsified) the reference and date stamp on three documents entitled "Approval to Transit a UK [United Kingdom] Port" associated with the export of SNM from the United States to Germany by Areva NP, Inc.
Army, Department of the, AL
EA-12-014
NOV
(SL III)
04/05/2012 On April 5, 2012, the NRC issued a Notice of Violation to the Department of the Army (Army), for a Severity Level III violation. The violation involved Army’s failure to provide a radiation monitor that was equipped with personnel access door locks to prevent access to the radiation room of the panoramic irradiator at the Redstone Arsenal facility, when radiation levels were high, as required by 10 CFR 36.23(c). Specifically, from September 24, 1996 to February 17, 2012, the Army’s radiation room personnel access door was not integrated with the radiation monitor to prevent the door from opening when radiation levels were high.
Army, Department of the, IL
EA-97-350
NOVCP
(SL II)

$16,000
11/12/1997 Numerous violations of NRC requirements.
Army, Department of the, IL
EA-97-059
ORDER 03/26/1997 Numerous violations of NRC requirements.
Army, Department of the, MO
EA-02-017
NOV
(SL III)
03/28/2002 On March 28, 2002, a Notice of Violation was issued for a severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material (approximately 34 millicuries of cobalt 60) and the failure to control and maintain constant surveillance of this licensed material.
Army, Department of the, TX
EA-10-129
NOV
(SL III)
08/01/2011 On August 1, 2011, the NRC issued a Notice of Violation to the Department of the Army (Army) for a Severity Level III violation involving the failure to implement 10 CFR 40.3, "License Requirements." Specifically, from April 1978, when NRC license SUB-459 expired, to the present, the Army continued to possess depleted uranium (DU) associated with the Davy Crockett weapons system in the form of spent fragments of spotting rounds (obtained from 1962 to 1968, and expended prior to 1968) at firing ranges located at the Army's two installations in Hawaii, Schofield Barracks and Pohakuloa Training Area. In addition to the two installations in Hawaii, the Army has also identified the presence of spent DU spotting rounds at other Army installations across the United States.
Arthur Brisbane Child Treatment Center, NJ
EA-99-171
NOV
(SL III)
08/16/2001 On August 16, 2001, a Notice of Violation was issued for a Severity Level III problem involving deliberate improper disposal of radioactive material generated from the cleanup of a broken exit sign and deliberate submittal of inaccurate information to the NRC. Although a base civil penalty would normally be proposed for this case, the NRC exercised enforcement discretion in accordance with Section VII.B.6 of the Enforcement Policy and refrained from issuing a civil penalty because the licensee was issued a civil penalty for the event by the State of South Carolina and the licensee is no longer a general licensee.
Ashford Presbyterian Community Hospital, PR
EA-96-053
NOVCP
(SL III)

$ 2,500
03/19/1996 Licensee failure to properly utilize written directives for certain diagnostic administrations of sodium idodide I-131 or to check the treatment charts for errors in dosage.
Associated Specialists, Inc., WV
EA-11-179
NOV
(SL III)
09/21/2011 On September 21, 2011, the NRC issued a Notice of Violation to Associated Specialists, Inc. (ASI), for a Severity Level III problem. The violations involved the licensee’s failure to: (1) limit operation with a temporary radiation safety officer (RSO) to a period of 60 days, in accordance with 10 CFR 35.24(c); and (2) ensure that its authorized user (AU) provided adequate supervision to licensee staff who were involved in the receipt, possession, use, transfer or preparation of byproduct material, in accordance with 10 CFR 35.27. Specifically, after ASI’s RSO left the company on June 8, 2010, the AU functioned as the temporary RSO until October 13, 2010, a period greater than 60 days. And from August 16, 2009 until April 19, 2011, the AU had limited oversight of the program, such that ASI personnel under the supervision of the AU had not spoken to him and had not received instructions associated with ASI’s written radiation protection procedures, NRC regulations, ASI’s license conditions, and the requirement that supervised individuals follow the instructions of the supervising authorized user for medical uses of byproduct material.
ATC Group Services, Inc.

Indianapolis, IN
EA-13-251

NOVCP
(SL III)

$ 3,500
11/19/2014 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.
Audie L. Murphy Memorial Veteran's Hospital, TX
EA-98-481
NOV
(SL III)
02/17/1999 Unauthorized use of licensed material.
Avera McKennan Hospital, SD
EA-12-090
NOVCP
(SL II)
10/03/2012 On October 3, 2012, an NOV and Proposed Imposition of a Civil Penalty in the amount of $11,200 was issued to Avera McKennan Hospital for a SL II violation involving the failure to maintain written procedures to provide high confidence that each treatment is in accordance with the physician’s written directive as required by 10 CFR 35.41. Specifically, on January 16 and 17, 2012, procedures related to high dose-rate remote afterloader treatments failed to 1) verify a brachytherapy treatment was in accordance with the treatment plan and written directive as required by 10 CFR 35.41(b)(2); 2) check both manual and computer-generated dose calculations as required by 10 CFR 35.41(b)(3); and (3) verify that any computer-generated dose calculations were correctly transferred into the consoles of therapeutic medical units as required by 10 CFR 35.41(b)(4). This violation was repeated, resulting in radiation underexposures to the intended treatment site and exposures to an unintended site on two consecutive days. As a result of the licensee’s performance, the NRC used enforcement discretion in accordance with Section 3.6 of the Enforcement Policy to double the base civil penalty for a SLII violation.
Avera McKennan Hospital, SD
EA-02-106
NOV
(SL III)
10/04/2002 On October 4, 2002, a Notice of Violation was issued for a Severity Level III violation involving the licensee's careless disregard in using licensed material (250 millicuries of technetium-99m) in an unauthorized location (the kitchen of Freeman Community Hospital).
Avera McKennan Hospital, SD
EA-02-008
NOVCP
(SLIII)

$3,000
06/14/2002 On June 14, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III violation involving the willful administration of technetium-99m to a nuclear medicine technology student when such use had not been approved by an authorized user at the licensee's facility.
Page Last Reviewed/Updated Wednesday, December 03, 2014