United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Materials Licensees - M

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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
M&W Soils Engineering, Inc., NH
EA-97-065
NOV
(SL III)
02/19/1997 Failure to file for reciprocity.
Macia Consulting Enterprises, Inc., NY
EA-01-123
NOV
(SL III)
05/31/2001 On May 31, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure to maintain required security of two portable nuclear density gauges containing 8 millicuries of Cs-137 and 40 millicuries of Am-241 at a temporary job site (Newark International Airport).
Magna Chek, Inc.
EA-02-221
NOVCP
(SL III)
$6,000
01/29/2003 On January 29, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III violation involving a deliberate failure to conduct radiographic operations by a certified individual at the licensee's permanent radiographic facility, and at temporary job sites. Since the licensee does not intend to use the material in the future, the license was amended for storage incident to disposal. To encourage prompt disposal of the sources, NRC has given the licensee 60 days to dispose the material, in which case, the NRC will forgo the proposed civil penalty.
Mallinckrodt, Inc., MO
EA-06-280
NOV
(SL III)
12/27/2006 On December 27, 2006, a Notice of Violation was issued for a Severity Level III problem involving the failure to close or check several valves during a planned release of certain radioactive material into a sanitary sewer system resulting in an inadvertant release of other radioactive material into the system.
Mallinckrodt, Inc., MO
EA-05-105
NOV
(SL III)
08/25/2005 On August 25, 2005, a Notice of Violation was issued for a Severity Level III violation involving the licensee's deliberate failure to perform radiation contamination and ambient exposure surveys of a molybdenum-99/ technetium-99m generator prior to servicing the generator, contrary to the requirements in 10 CFR 20.1501 (which require, in part, that the licensee control the annual occupational dose to individual adults), resulting in the contamination of two individuals.
Mallinckrodt, Inc., MO
EA-00-178
NOVCP
(SL I)

$125,000
12/21/2000 On December 21, 2000, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $125,000 was issued for a Severity Level I problem based on numerous failures to: (1) control activities to keep occupational doses to workers within regulatory limits, (2) use procedures and engineering controls to maintain doses as low as reasonably achievable, and (3) make necessary surveys to ensure compliance with the regulations for protection against radiation.
Mallinckrodt, Inc., MO
EA-00-180
NOVCP
(SL III)

$ 2,750
10/04/2000 A Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $2,750 was issued on October 4, 2000 for a Severity Level III problem. The action was based on the failure to control the occupational dose to the skin or to any extremity of an individual below the annual dose limit of 50 rems shallow-dose equivalent, and the failure to make adequate surveys to assure compliance with 10 CFR 20.201.
Mallinckrodt, Inc., MO
EA-01-108
NOV
(SL III)
07/03/2001 On July 3, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure to prepare a package containing licensed material that was transported outside the confines of the licensee's plant, so that under conditions normally incident to transport, the radiation levels would not exceed 200 millirems per hour at any point on the external surface of the package.
Mallinckrodt Medical, Inc., MO
EA-00-143
ORDER 06/22/2000 On June 22, 2000, a Confirmatory Order was issued requiring the company to review and improve its radiation protection program and its training for workers as a result of radiation overexposures to several employees in the past two years.
Mallinckrodt Medical, Inc., MO
EA-99-322
NOV
(SL III)
01/11/2000 On January 11, 2000, a Notice of Violation was issued for a Severity Level III violation based on failure to comply with the licensee's Emergency Plan, when the licensee did not notify the U.S. NRC Operations Center and the State of Missouri Bureau of Environmental Epidemiology within one hour of declaring an Alert.
Mallinckrodt Medical, Inc., MO
EA-97-342;
EA-97-355
NOVCP
(SL III)

$55,000
12/17/1997 Failure to perform personal survey and failure to maintain radiation levels of packages.
Mallinckrodt Medical, Inc., MO
EA-97-155
NOVCP
(SL III)

$13,750
05/30/1997 Shipment of package which developed excess radiation levels during transport.
CPORDER 09/09/1997
Mallinckrodt Veterinary, Inc., MO
EA-97-582
NOV
(SL III)
02/06/1998 Improper transfer of license.
Marshall Miller & Associates, VA
EA-97-444;
EA-98-313
NOVCP
(SL II)

$ 8,800
01/29/1999 Multiple violations which involved Marshall Miller & Associates (MMA) employees who willfully failed to conduct radiation surveys, failed to provide adequate radiation safety training, and falsified training and radiation survey records.
Martin Marietta Aggregates, NC
EA-01-163
NOV
(SL III)
08/21/2001 On August 21, 2001, a Notice of Violation was issued for a Severity Level III violation involving the unauthorized transfer of a fixed gauging device containing 50 millicuries of Cesium-137 to a metal recycling facility that was not authorized to receive and possess such licensed material.
Massachusetts General Hosptial, MA
EA-96-497
NOV
(SL III)
01/27/1997 Progammatic security violations.
Massachusetts Medical Center, MA
EA-97-069
NOV
(SL III)
02/28/1997 The action was based on two examples of a failure to secure from unauthorized removal or limit access to licensed material in an unrestricted area.
Materials Testing, Inc., NJ
EA-07-257
NOV
(SL III)
01/11/2008 On January 11, 2008, a Notice of Violation was issued for a Severity Level III violation. The violation involved the failure to use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, when the portable gauges are not under the control and constant surveillance of the licensee. Specifically, On June 19, 2006, three gauges containing licensed material were stored and left unattended without any independent physical controls to secure the devices from unauthorized removal; and, (2) on June 19, 2007, one gauge was left unattended in a personal vehicle without any independent physical controls to secure the devices from unauthorized removal.
Materials Testing Incorporated
EA-05-003
NOV
(SL III)
01/24/2005 On January 24, 2005, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure, control or maintain constant surveillance of licensed material in a nuclear gauge.
Materials Testing & Inspection, Inc., ID
EA-98-527
NOV
(SL III)
01/28/1999 Failure to secure licensed material.
Materials Testing Lab, Inc., NY
EA-99-037
NOVCP
(SL III)

$ 2,750
06/17/1999 Deliberate failure to allow use of nuclear gauge without proper certification and dosimetry.
Materials Testing Lab, Inc., NY
EA-98-437
NOV
(SL III)
11/03/1998 The violations collectively demonstrate that a significant breakdown in the control of licensed activities existed at your facility.
Materials Testing Consultants, Inc., MI
EA-99-253
NOV
(SL III)
11/22/1999 Failure to maintain control and surveillance of licensed material that was in an unrestricted area and failure to follow emergency procedures.
Materials Testing Consultants, Inc., MI
EA-99-107
NOV
(SL III)
06/25/1999 Failure to control licensed material resulting in the loss of a mositure density gauge.
Mathy Construction Company, WI
EA-01-214
NOVCP
(SL III)

$ 3,000
11/06/2001 On November 6, 2001, 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 and limit access to a portable moisture density gauge and the failure to lock the gauge or transport case while the gauge was being transported. 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.
Mattingly Testing Services, Inc., MT
EA-10-100
ORDER 02/22/2011 On February 22, 2011, the NRC ASLB Hearing Board issued a Memorandum and Order accepting a Settlement and Dismissing the Hearing Proceeding in the matters of Mattingly Testing Services, Inc., (MTS) Order Revoking License (EA-10-100) and Mark M. Ficek Order Prohibiting Engagement in NRC-licensed Activities (IA-10-028) that were both issued on September 2, 2010.  Specifically, the NRC staff and two parties, employees of MTS, who had requested a hearing on the September 2 Orders had agreed to a settlement on February 4, 2011, in lieu of continuing the hearing proceeding.  The Settlement Agreement was forwarded to the ASLB and approved.  The February 22, 2011 Board Order superseded the September 2, 2010 Order Revoking License issued to MTS and the Order Prohibiting Engagement in NRC-licensed Activities issued to Mark M. Ficek.  The Order and Settlement included the following terms and conditions: (1) the MTS license remains revoked and parties agree that it will not be reinstated; (2) Mr. Ficek is prohibited from engaging in NRC-licensed activities until September 2, 2017 (the settlement further defines NRC-licensed activities); (3) for a three year period after September 2, 2017, Mr. Ficek is required to notify NRC of employment involving NRC-licensed activities; (4) Mr. Ficek is allowed non-controlling ownership in an NRC licensee, subject to conditions specified in the settlement prohibiting Mr. Ficek’s engagement in licensed activities; (5) Mr. Ficek is allowed to own and/or sell the radiographic exposure devices that were listed on the former MTS license, subject to conditions specified in the settlement; and, (6) that all parties agree that all further procedural steps before the ASLB and any right to challenge or contest the validity of the Board Order entered into in accordance with the Settlement Agreement, and all rights to seek judicial review or otherwise contest the validity of the Board Order are expressly waived.
ORDER 09/02/2010 On September 2, 2010, the NRC issued an Order Revoking License (Immediately Effective) to Mattingly Testing Services, Inc., for multiple violations of NRC requirements. Specifically, (1) on various dates beginning on May 3, 2009, the licensee, in part deliberately, failed to implement specified actions required by Confirmatory Order (EA-08-271) involving: (i) conducting an assessment of the radiation safety program, (ii) providing initial safety training to the licensee staff, (iii) ensuring that an independent consultant's recommended program improvements were provided within 30 days of completing the required reviews, (iv) providing the independent consultant's 2009 annual audit results to the NRC, (v) conducting the initial field audit of radiography operations by the independent consultant by May 3, 2009, and (vi) submitting a required license amendment request by May 3, 2009; (2) from May 13, 2006 through September 9, 2009, the licensee deliberately failed to establish and maintain a prearranged response plan with the Local Law Enforcement Agency (LLEA) in accordance with Increased Controls Order (EA-05-090), Attachment B, Section IC-2(b); (3) on March 6, 2007, the licensee president deliberately failed to provide complete and accurate information to an NRC inspector in accordance 10 CFR 30.9, regarding the licensee's effort to establish a prearranged response plan with the LLEA; (4) on October 22, 2009, while under oath, the licensee president deliberately failed to provide complete and accurate information to an NRC investigator in accordance with 10 CFR 30.9 regarding the licensee's effort to establish a prearranged response plan with the LLEA; (5) on July 4, 16, and August 29-30, 2009, the licensee failed to maintain a dependable means to detect, assess, and respond to unauthorized access to radioactive materials in accordance with Increased Controls Order (EA-05-090) Appendix B, Section IC-2(c); (6) on June 22, 2009, the licensee failed to properly secure a radiographic exposure device for transport with proper blocking and bracing to prevent loss during transit in accordance with 10 CFR 20.1802, 10 CFR 34.35(d), and 10 CFR 71.5 that led to the device being lost in the public domain; and, (7) on June 22, 2009, the licensee willfully failed to immediately notify the NRC about the lost radiographic exposure device in accordance with 10 CFR 20.2201.
Mattingly Testing Services, Inc., MT
EA-08-271
ORDER 03/06/2009 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.
Mattingly Testing Services, Inc., MT
EA-07-303
DFI 01/23/2008 On January 23, 2008, a Demand for Information (DFI) was issued to Mattingly Testing Services, Inc. (Mattingly Testing) in response to the information obtained during November 7, 2007, inspection and investigation of Mattingly Testing's licensed activities. While the inspection and investigation activities continue, the DFI required Mattingly Testing to provide information in order for the NRC to evaluate and determine the appropriateness of Mattingly Testing's licensed material program at temporary job sites. The DFI also required Mattingly Testing to provide information in order for the NRC to evaluate the depth and completeness of Mattingly Testing's work environment and its determination that it maintains an environment where employees can raise safety concerns without fear of retaliation. Specifically, the DFI required Mattingly Testing to provide additional details relative to the establishment, implementation and maintenance of a program designed to provide and support such a work environment. Mattingly Testing is required to submit the information in writing within 20 days of the date of this DFI. After reviewing Mattingly Testing's response to the DFI, the NRC will determine whether further action is necessary to ensure compliance with regulatory requirements.
Mattingly Testing Services, Inc., MT
EA-97-180
NOVCP
(SL III)

$10,000
10/31/1997 Discrimination.
Withdrawn 09/15/1998
Maui Memorial Hospital, HI
EA-96-525
NOV
(SL III)
03/05/997 The action was based on a violation which involved the licensee not securing from unauthorized removal or access licensed material stored in a controlled area.
Maxim Technolgies, Inc., UT
EA-02-151
NOVCP
(SL III)

$3,000
08/29/2002 On August 29, 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 failure secure from unauthorized removal or limit access to licensed material (8 millicuries of cesium-137 and 40 millicuries of americium-241) contained in a portable moisture density gauge and failure to maintain constant surveillance of this licensed material. 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.
Maxim Technologies of New York, Inc., NY
EA-00-002
NOV
(SL III)
01/10/2000 On January 10, 2000, a Notice of Violation was issued for a Severity Level III violation based on failure to comply with 10 CFR 34.43(a)(1); when the licensee permitted two individuals to act as radiographers without required radiographer certification.
McCallum Testing Laboratories, Inc., VA
EA-08-004; EA-08-086
NOVCP
(SL III)
$ 3,250
05/28/2008 On May 28, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued for a Severity Level III problem. The violations involved the failure to control and maintain constant surveillance of material that is in an unrestricted area and not in storage and failure to block and brace packages containing radioactive material to prevent change in position during transport. Specifically, a portable gauge fell from the back of a pickup truck, after it was placed in the back of the truck without using a transport case or attaching the gauge in any way to the truck. After falling, the gauge was subsequently damaged, and was lost for approximately an hour.
McConnell Dowell (American Samoa), Ltd., American Samoa
EA-10-174
NOV
(SL III)
10/06/2010 On October 6, 2010, the NRC issued a Notice of Violation to McConnell Dowell (American Samoa), Ltd., for a Severity Level III violation involving the receipt, possession, and usage of byproduct material without authorization from a specific or general license as required by 10 CFR 30.3(a). Specifically, as early as 2008 to July 25, 2010, the licensee received, possessed and used two portable nuclear gauges in American Samoa, an area of exclusive Federal jurisdiction, without a specific license issued by the U.S. Nuclear Regulatory Commission.
McKinney and Company, VA
EA-08-177
NOV
(SL III)
07/09/2008 On July 9, 2008, a Notice of Violation was issued to McKinney and Company. 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, five portable gauges were found unattended inside an unlocked building with only one physical control (a locked storage area door) that formed a tangible barrier to secure the portable gauges.
MC Squared, Inc., FL
EA-07-101; EA-07-104
NOVCP
(SL III)

$ 3,250
09/13/2007 On September 13, 2007, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued for a Severity Level III problem composed of two Severity Level III violations. The first violation involved the failure of MC Squared, Inc., an Agreement State licensee (licensee), to file NRC Form 241 at least three days prior to engaging in licensed activities within NRC jurisdiction. Specifically, the licensee stored or used a portable gauge containing byproduct material (americium-241 and cesium-137) at two Indian Reservations which are areas of exclusive NRC jurisdiction regarding the use of NRC-licensed materials. The licensee did not file NRC Form 241 prior to using the material at these sites. The second violation involved the licensee's failure to use a minimum of two independent physical controls to secure a portable gauge from unauthorized removal when the gauge was not under the control and constant surveillance of the licensee. This failure may have contributed to the theft of the gauge which was reported. Specifically, the licensee stored the gauge in an unlocked trailer, located in an unrestricted area when an authorized user was not present. Although the gauge was in a locked container, the gauge had no physical control to form tangible barriers to secure the gauge from unauthorized removal, because the gauge container was not secured to the trailer, nor was access to the trailer controlled.
ORDER
$3,250
11/30/2007 On November 30, 2007, an Order Imposing Civil Monetary Penalty was issued to MC Squared, Inc. Following the NRC's September 13, 2007, Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $3,250, the licensee requested negating or significantly reducing the civil penalty. The Notice of Violation and proposed civil penalty was issued to the licensee for its 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. This failure may have contributed to the theft of the gauge. In addition, the license failed to file NRC Form 241 at least three days prior to engaging in licensed activities in areas of exclusive NRC jurisdiction. MC Squared, Inc., did not present an adequate basis for the NRC to retract the violation or mitigate the civil penalty, and in addition, did not provide any evidence that payment of the civil penalty would create a financial hardship. Accordingly, NRC concluded that the violation remains valid and issued an order imposing Civil Monetary Penalty in the amount of $3,250.
MedCentral Health System, OH
EA-98-023
NOV
(SL III)
03/06/1998 Inspection of teletherapy misadministration underdose.
Medical Providers Capital Network
EA-02-205
NOVCP
(SL III)

$3,000
02/11/2003 On February 11, 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 of the authorized user/radiation safety officer (AU/RSO) to perform monthly visits to the licensee's facilities to review the use of byproduct material; (2) the creation of false records; and (3) the receipt, possession and use of a byproduct material without the supervision of an AU/RSO.
Medical X-Ray Center, P.C., SD
EA-01-018
NOV
(SL III)
02/15/2001 On February 15, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material (iridium-192) that was in a controlled or unrestricted area and not in storage.
Medi-Physics, Inc., NJ
EA-99-093
NOV
(SL III)
06/17/1999 Multiple failures involving the transportation of radioactive materials.
MedStar Georgetown Medical Center
Washington, D.C.
EA-12-085
NOV
(SL III)
08/03/2012 On August 3, 2012, the NRC issued a Notice of Violation to the Medstar Georgetown Medical Center (MGMC), for a Severity Level III violation involving the licensee’s failure to control and maintain constant surveillance of the licensed material in a controlled area as required by 10 CFR 20.1802.  Specifically, between December 13 and 14, 2011, MGMC did not control and maintain constant surveillance of licensed material that was in an unsecured lead shielded container, in the high dose-rate remote afterloader (HDR) Procedure Room, a controlled area, for approximately 24-30 hours.
Memorial Hospital of Sweetwater County
Rock Spring, WY
EA-09-071
NOV
(SL III)
05/14/2009 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.
Menominee County Road Commission, MI
EA-03-176
NOV
(SL III)
10/31/2003 On October 31, 2003, 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 (nominally 8.0 millicuries of cesium-137 and 40 millicuries of americium-241:beryllium in a moisture density gauge) in an unrestricted area at a temporary job-site, and failure to control and maintain constant surveillance of this licensed material. Additionally, the licensee failed to lock the gauge when not under the direct surveillance of an authorized user.
Meprolight, Inc., D.C.
EA-02-120
NOVCP
(SL III)

$3,000
09/09/2002 On September 9, 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 willfully distributing devices containing byproduct material (tritium) without being authorized by a specific license to do so.
Merck & Company, Inc., NJ
EA-97-241
NOV
(SL III)
06/26/1997 Unauthorized disposal of I-125.
Mercy Health Services, MI
EA-09-181
NOV
(SL III)
09/15/2009 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.
Mercy Hospital, Muskegon, MI
EA-11-094
NOV
(SL III)
06/08/2011 On June 8, 2011, the NRC issued a Notice of Violation to Mercy Hospital 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). Specifically, between June 18, 2008 and February 23, 2011, the licensee performed approximately 200 high dose-rate (HDR) remote afterloader administrations requiring written directives, and failed to develop written procedures to provide high confidence that each administration was in accordance with the written directive.
Mercy Hospital, St. Louis, MO
EA-13-049
NOV
(SL III)
05/16/2013 On May 16, 2013, the NRC issued a Notice of Violation to Mercy Hospital for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material stored in controlled or unrestricted areas as required by 10 CFR 20.1801. On October 9, 2012, and February 25, 2013, the licensee failed to secure from unauthorized removal or limit access to licensed material that was stored in controlled or unrestricted areas as noted during an internal audit and an NRC inspection.
Mercy Hospital, PA
EA-01-133
NOV
(SL III)
06/12/2001 On June 12, 2001, a Notice of Violation was issued for a Severity Level III violation involving the transfer of depleted uranium to an entity (South Pittsburg Cancer Center) that was not authorized to receive such material under the terms of an NRC or Agreement State license.
Met-Chem Testing Laboratories of Utah, Inc., UT
EA-98-362
NOV
(SL III)
07/31/1998 Failure to keep track of radiographer equipment.
Metro Cardiovascular Diagnostics, MI
EA-14-072
NOV
(SL III)
09/30/2014 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.
Metorex, Inc., NJ
EA-99-043
NOV
(SL III)
08/19/1999 Three violations involving unauthorized transfer of radioactive material, deliberate failure to submit required reports, and failure to identify the current Radiation Safety Officer.
Michigan, State of, MI
EA-97-508
NOV
(SL III)
12/05/1997 Moisture/density gauge was damaged by construction equipment.
Mid American Inspection Services, MI
EA-03-100
NOVCP
(SL III)
08/12/2003 On August 12, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued to Mid American Inspection Services for a Severity Level III problem involving two violations, the failure to secure from unauthorized removal or maintain constant surveillance of licensed material, and the failure to ensure that shipping papers are in a vehicle while transporting radioactive material. On April 10, 2003, an NRC inspection identified that a radiography camera was stored in a vehicle being repaired at an automobile dealership for seven days. In addition, the radiographer had removed the shipping papers from the vehicle when it was left for repairs and the dealership personnel test drove the vehicle on public roads.
ORDERCP $3,000 11/18/2003
Middle Monongahela Industrial Development Association, Inc., PA
EA-96-288
ORDER 08/12/1996 Took possession of licensed material without NRC license or authorization.
MidMichigan Medical Center, MI
EA-99-215
NOV
(SL III)
11/26/1999 Violations involving failures to (1) consult a written directive before administering a therapeutic quantity of iodine-131 to a patient, (2) report a misadministration in a timely manner, and (3) provide the NRC inspector with complete and accurate information.
Midwest Imaging Diagnostic, Inc. LTD., OH
EA-97-111
NOV
(SL III)
05/01/1997 Unauthorized use of therapuetic I-131.
Midwest Testing, Inc., MO
EA-01-119
NOVCP
(SL III)

$ 3,000
07/20/2001 On July 20, 2001, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III violation the failure to control and maintain constant surveillance of a portable density gauge that resulted in the loss of the gauge. Although the normal civil penalty assessment process would have fully mitigated the civil penalty, a penalty was proposed in accordance with Section VII.A.1.g of the Enforcement Policy to emphasize the significance of the loss of licensed material in this case.
Bill Miller, Inc., OK
EA-99-013
NOV
(SL III)
09/24/1999 Failure to properly secure a source assembly, register as a user, and have a copy of the applicable certificate of compliance.
Minnesota Mining & Manufacturing Company, MN
EA-96-403
NOVCP
(SL II)

$ 8,000
07/16/1996 Operator was not present while irradiator was in operation.
Minnesota, University of, MN
EA-98-149
NOV
(SL III)
04/10/1998 Failure to control licensed material.
Missouri Baptist Medical Center Hospital
EA-12-242
NOV
(SL III)
01/29/2013 On January 29, 2013, the NRC issued a Notice of Violation to Missouri Baptist Medical Center Hospital for a Severity Level III violation involving the failure to develop, implement, and maintain written procedures to provide high confidence that each administration was in accordance with the written directive as required by 10 CFR 35.41(a). In accordance with 10 CFR 35.41(b)(2), the procedures required by 10 CFR 35.41(a) must address verifying that the administration is in accordance with the treatment plan, if applicable, and the written directive. However, as of October 19, 2012, the licensee’s procedures failed to address verification that the administered dosage was in accordance with the prescribed dosage on the written directive prior to administration. Specifically, on or about May 1, 2012, a yttrium-90 (Y-90) procedure was performed, and the written directive indicated a prescribed dosage other than the authorized user intended to deliver to the patient. The authorized user electronically signed and dated the written directive immediately before the administration of the dose without verifying that the written directive indicated the intended activity. The administration represented a dosage 39 percent greater than the prescribed dosage documented on the written directive. Additionally, on or about May 31, 2012, a medical procedure involving samarium-153 was performed and the “prescribed activity” section was blank in the written directive as no data had been entered into the applicable area. The calculations attached to the written directive indicate that the authorized user intended to give a dosage that was within 20 percent of the administered dosage.
Missouri Baptist Medical Center
EA-04-093
NOV
(SL III)
08/20/2004 On August 20, 2004, a Notice of Violation was issued for a Severity Level III violation involving the failure to develop written procedures to ensure that each administration of NRC-licensed material was in accordance with the written directive from an authorized physician user.
MISTRAS Holding Group, IL
EA 08-156
EA-08-166
ORDER 10/28/2008 On October, 28, 2008, the NRC issued a Confirmatory Order to MISTRAS Holding Group doing business as Conam Inspection and Engineering Services, Inc., and Quality Services Laboratories, Inc. which confirmed commitments reached as part of an alternative dispute resolution (ADR) mediation session between the licensee and the NRC. The ADR session was based on apparent violations of the license conditions and 10 CFR 34.47 in association with a possible overexposure event on January 20, 2007, including both willful and deliberate acts on the part of its employee. Pursuant to the Order, the licensee will complete actions that are in addition to implementation of NRC requirements, including: several areas of audit; guidance and requirements for audits; procedures and on-line training related to lessons learned; a safety hotline for anonymous reporting; and a safety conscious work environment assessment.
MISTRAS Holding Group, IL
EA 05-238
EA-06-065
EA-06-066
NOV
(SL III)
04/06/2006 On April 6, 2006, a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $19,500, was issued for three Severity Level III problems associated with violations of NRC requirements. The 1st Severity Level III problem involved the licensee’s failure, after performing radiographic operations, to: 1) survey the radiographic exposure device and guide tube to determine that the sealed source had been returned to its shielded position, prior to dismantling the equipment; and 2) secure the sealed source in the shielded position after the source was returned to the shielded position. The 2nd Severity Level III problem involved the licensee’s failure, at a field location, to: 1) have two qualified individuals present when a radiographic exposure was being performed; and 2) have a qualified individual directly observe the radiographic assistant perform radiographic operations. The 3rd Severity Level III problem involved the licensee’s failure to control and maintain constant surveillance of licensed material that is in a controlled or unrestricted room and that is not in storage; and 2) the licensee’s failure to immediately report to the NRC missing licensed material, iridium-2 in a radiographic exposure device (i.e., licensed material in an aggregate quantity greater than 1,000 times the quantity specified in 10 CFR Part 20, Appendix C), that could result in an exposure to persons in an unrestricted area. A base civil penalty in the amount of $6,500 was imposed for each of the three problems, resulting in a civil penalty of $19, 500.
MISTRAS Holding Group
D/B/A: Conam Inspection and Engineer Services, Inc., IL
EA-05-120
NOV
(SL III)
08/17/2005 On August 17, 2005, a Notice of Violation was issued for a Severity Level III violation involving the licensee's failure to secure from unauthorized removal or limit access to NRC-licensed material in a radiographic exposure device at a temporary job site, an unrestricted area, or to control and maintain constant surveillance of this licensed material.
Mobile Dynamic Imaging, Inc., NJ
EA-97-500
NOV
(SL III)
12/31/1997 Failure to follow medical quality management program.
Moisture Protection Systems, VA
EA- 98-213
ORDERCP
$ 5,500
04/02/2001 On April 2, 2001, an Order Imposing Civil Monetary Penalty in the amount of $5,500 was issued. The action was based on a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the amount $5,500 that was issued on April 20, 1998, for failure to maintain licensed material, facilities, and records available for inspection as required by 10 CFR 30.52. As of April 2, 2001, the licensee did not respond to the Notice, nor did it comply with the requirements that it maintain licensed material in safe storage, immediately notify the NRC of its current business location and status of licensed material, test the sealed source for leak tightness, and transfer the licensed material to an authorized recipient. The licensee has been unresponsive to the NRC's repeated attempts to discuss licensed activities associated with the licensee. After considering the licensee's unresponsiveness, the NRC concluded that the violation occurred as stated and that the penalty proposed for the violation should be imposed.
Moisture Protection Systems, VA
EA-97-605;
EA-98-213
NOVCP
(SL III)

$ 5,500
04/20/1998 Failure to comply with Confirmatory Order and inspectors cannot locate individual.
Monsanto Chemical Company, ID
EA-95-280
NOVCP
(SL III)

$ 2,500
03/01/1996 Unauthorized removal of a gauge containing licensed material.
Montana State University, MT
EA-08-279
NOV
(SL III)
12/04/2008 On December 4, 2008, a Notice of Violation was issued for a Severity Level III violation. The violation involved the failure to use a minimum of two independent physical controls that form tangible barriers to secure a portable gauge whenever the gauge was not under the control and constant surveillance of the licensee as required in 10 CFR 30.34(i). Specifically, the licensee stored portable gauges at two separate locations on campus using only one independent physical control that formed a tangible barrier to prevent unauthorized removal of the gauges when not under the control and constant surveillance of the licensee.
Montana State University, MT
EA-02-156
NOV
(SL III)
09/26/2002 On September 26, 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 (50 millicuries of americium-241 in a portable moisture gauging device) and the failure to control and maintain constant surveillance of this licensed material.
Morpho Detection, Inc., CA
EA-11-270
NOV
(SL III)
04/10/2012 On April 10, 2012, the NRC issued a Notice of Violation to Morpho Detection, Inc. (MDI), for a Severity Level III problem. The violations involved the licensee’s failure to: 1) 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); and 2) store and use the byproduct material under a Agreement State license for a period of less than 180 days in a calendar year, as required by 10 CFR 150.20(b)(4). Specifically, between 2007 and 2011, on multiple occasions, MDI, a Massachusetts Agreement State license, engaged in activities in non-agreement states without obtaining a specific license issued by the NRC or filing NRC Form-241 as required. In addition, the material was stored and used in non-agreement states for periods greater than 180 days in any calendar year.
Morrison-Maierle, Inc., MO
EA-08-041
NOV
(SL III)
07/09/2008 On July 9, 2008, a Notice of Violation was issued for a Severity Level III violation. The violation involved the failure to use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, when the portable gauges are not under the control and constant surveillance of the licensee. Specifically, the licensee did not have tangible barriers to secure a portable gauge from unauthorized removal while stored in a building located within a secured area.
Mountainside Hospital, NJ
EA-05-158
NOV
(SL III)
09/21/2005 On September 21, 2005, a Notice of Violation was issued for a SLIII violation involving the failure to maintain constant surveillance and control of a nuclear imaging camera containing NRC licensed material while in transit. Specifically, the licensee shipped a Siemens Model ECAM without removing the sealed sources from their protective housings inside the camera prior to shipment. The licensee identified the violation while the camera was in transit and had the camera returned. A Severity Level IV violation was also cited based on the licensee's failure to provide the required packaging for transport of the camera.
Mountainside Hospital, NJ
EA-97-245
NOV
(SL III)
06/27/1997 Failure to follow QMP HDR planning and dosing performed by individual not named on license.
Mt. Pleasant [MI] City of,
EA-08-147
NOV
(SL III)
04/10/2008 On April 10, 2008, a Notice of Violation was issued to the City of Mt. Pleasant MI an NRC licensee. This action was 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, the licensee secured a transport case, containing a gauge, in a storage room using only a single lock, and also secured a transport case, containing a gauge, while in temporary storage in an open-bed pickup truck using only one lock and chain.
Page Last Reviewed/Updated Tuesday, December 02, 2014