2022 Materials Actions

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K2 Environmental LLC (EA-22-029)

On October 13, 2022, the NRC issued a notice of violation to K2 Environmental LLC (K2) for a Severity Level III violation. The violation involved K2’s 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 Title 10 of the Code of Federal Regulations 150.20.

Steel City Gamma, LLC (EA-21-045)

On October 11, 2022, the NRC issued an order imposing a civil monetary penalty (Order) in the amount of $25,600 to Steel City Gamma, LLC (SCG). The Order was necessary because SCG did not respond to a March 2, 2022, notice of violation and proposed imposition of a civil penalty (Notice) in the amount of $25,600 for a Severity Level II problem. The violations involved SCG’s willful failure to file for reciprocity prior to performing work in NRC jurisdiction, as required by Title 10 of the Code of Federal Regulations (10 CFR) 150.20 and performing licensed activities in NRC jurisdiction without a license, contrary to 10 CFR 30.3.  As of the date of the Order SCG had not paid the proposed civil penalty of $25,600 and had taken no action to address the Notice.

Cammenga and Associates, LLC (EA-21-157)

On October 6, 2022, the NRC issued a confirmatory order (CO) and civil penalty (CP) in the amount of $5,000 to Cammenga and Associates, LLC (licensee) confirming commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement between the licensee and the NRC. The ADR mediation and subsequent CO were based on the results of an investigation at Cammenga and Associates, LLC.  As a result of the investigation, the NRC identified apparent violations of Title 10 of the Code of Federal Regulations (CFR) 30.34(c), “Terms and Conditions of Licenses,” one of which was willful. However, the NRC’s determination of willfulness was not based on a finding that Cammenga deliberately intended to violate NRC requirements, but rather on Cammenga’s careless disregard in failing to pursue necessary actions to ensure compliance with applicable requirements.  The apparent violations involved initially transferring, for sale or distribution, products containing tritium (H-3), that were not authorized for distribution on an NRC license at the time of distribution. In consideration of the corrective actions and commitments outlined in the CO, the NRC agreed to (1) reduce the CP in the amount of $5,000, (2) not issue a separate notice of violation in addition to the CO but, rather, describe the violations in the body of the CO, and (3) for future civil penalty assessment purposes, the issuance of this CO will be considered escalated enforcement  consistent with the NRC Enforcement Policy.

Air Force Medical Readiness Agency (EA-22-007)

On September 22, 2022, the NRC issued a notice of violation (Notice) and proposed imposition of $96,000 in Civil Penalties to the Air Force Medical Readiness Agency (licensee) for three Severity Level (SL) III problems associated with ten related violations. The violations involved the licensee’s failure: (1) to maintain and implement its Master Materials License (MML) program consistent with the associated NRC inspection and enforcement programs; (2) to provide adequate oversight at Kirkland Air Force Base (KAFB) and ensure that activities conducted under the permit were authorized under the MML, were consistent with NRC regulations, and established a radiation protection program that was protective of personnel, the public, and the environment; and (3) to provide oversight and control of specific locations at KAFB. In addition, the Notice included one SL III violation for the licensee’s failure to secure or maintain surveillance of licensed material, and other violations of low security significance that were categorized in accordance with the NRC Enforcement Policy at Severity Level IV.

Indiana University-IUPUI/IU Medical Center Campus (EA-21-167)

On September 1, 2022, the NRC issued a notice of violation (Notice) and proposed imposition of civil penalty in the amount of $8,000 to Indiana University-IUPUI/IU Medical Center Campus (licensee) for a Severity Level III violation.  The violation associated with the civil penalty involved the licensee’s failure to monitor exposure to radiation and radioactive material at levels sufficient to demonstrate compliance with the occupational dose limits of Title 10 of the Code of Federal Regulations (10 CFR) Part 20, as required by 10 CFR 20.1502(a)(1). In addition, the Notice included a Severity Level III problem associated with three related violations.  The violations comprising the problem involved the following licensee failures: (1) control occupational dose to individual adults to an annual limit of 5 rem total effective dose equivalent, as required by 10 CFR 20.1201(a)(1)(i); (2) implement a radiation protection program commensurate with the scope and extent of licensed activities sufficient to ensure compliance with 10 CFR Part 20, as required by 10 CFR 20.1101(a); and (3) provide instruction to individuals who in the course of employment were likely to receive in a year an occupational dose in excess of 100 mrem, as required by 10 CFR 19.12(a)(3).

Testing Engineers & Consultants, Inc. (EA-22-018)

On August 11, 2022, the NRC issued a notice of violation (Notice) and proposed imposition of a  civil penalty (CP) in the amount of $24,000 to Testing Engineers & Consultants, Inc. (licensee) for three Severity Level (SL) III violations. The violations involved the licensee’s failure: (1) to control and secure two moisture density gauges, as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1801 and 10 CFR 20.1802 leading to their loss; (2) to maintain constant surveillance or to use two independent physical controls that form tangible barriers for removal, or to secure a moisture density gauge that was left unattended, as required by 10 CFR 20.1802, 10 CFR 30.34(i), and licensee’s license condition 16; and (3) to maintain security requirements for stored gauges, as required by 10 CFR 30.34(i). In addition, the Notice included a fourth SL III violation with no CP for failure to maintain a radiation safety officer, as required by licensee’s license condition 11; and twelve SL IV violations.

Alt and Witzig Engineering, Inc. (EA-22-020)

On July 11, 2022, the NRC issued a notice of violation and proposed imposition of civil penalty in the amount of $8,000 to Alt and Witzig Engineering, Inc. (licensee) for a Severity Level III problem associated with two related violations. The violations involved the licensee’s failure to: (1) control and secure a portable gauge with two independent physical controls while not under control and constant surveillance by the licensee, as required by Title 10 of the Code of Federal Regulations (10 CFR) 30.34(i) and 20.1802; and (2) lock the portable gauge or its container during transportation, as required by the licensee’s NRC License No.13-18685-02.

Niowave, Inc. (EA-22-021)

On June 30, 2022, the NRC issued a notice of violation to Niowave, Inc. (licensee) for a Severity Level III problem associated with three related violations. The violations involved the following licensee failures: (1) control the occupational dose to the skin of any extremity of individual adults to an annual dose limit of 50 rem shallow-dose equivalent, as required by Code of Federal Regulations (10 CFR) 20.1201(a)(2)(ii); (2) perform adequate surveys to ensure compliance with the occupational dose limits of 10 CFR 20.1201(a)(2)(ii), as required by 10 CFR 20.1501(a); and (3) use, to the extent practical, procedures and engineering controls based on sound radiation protection principles to achieve occupational doses that are as low as reasonably achievable, as required by 10 CFR 20.1101(b).

Advanced Inspection Technologies, Inc. (EA-21-129)

On June 14, 2022, the NRC issued a notice of violation and proposed imposition of civil penalty in the amount of $8,000 to Advanced Inspection Technologies (licensee) for a Severity Level III violation. The violation involved the licensee’s 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 Title 10 of the Code of Federal Regulations (10 CFR) 150.20. In addition, the notice included one SLIV violation for the licensee’s failure to provided information to the Commission that was complete and accurate in all material respects, as required by 10 CFR 30.9(a).

Core Engineering & Consulting, Inc. (EA-22-002)

On June 2, 2022, the NRC issued a notice of violation to Core Engineering & Consulting, Inc. (licensee) for two Severity Level (SL) III violations. The violations involved the licensee’s failure to: (A) secure a portable gauge from unauthorized removal with a minimum of two independent physical controls that form tangible barriers when the portable gauge is not under the control and constant surveillance of the licensee, and secure from unauthorized removal or access licensed materials that were stored in an unrestricted area contrary to Title 10 Code of Federal Regulations (10 CFR) 30.34(i) and 20.1801, respectively; and (B) confine the possession of regulated byproduct material to the locations authorized on its NRC license as required by 10 CFR 30.34(c).

Industrial Nuclear Company (EA-21-125)

On May 27, 2022, the NRC issued a notice of violation (Notice) to Industrial Nuclear Company (licensee) for one Severity Level (SL) III violation. The SL III violation involved the licensee’s submittal of an advanced notification for the export of one source (2.109 TBq of Se-75) to a foreign recipient, but failed to include a copy of the recipient’s authorization to receive and possess the material to be exported or a confirmation from the government of the importing country that the recipient was so authorized, as required by Title 10 of the Code of Federal Regulations (10 CFR) 110.50(c)(3)(i)(H) and 110.32(g). In addition, the Notice included one SL IV violation involving the licensee’s failure to submit to the NRC advanced notifications for exports that were complete and accurate in all material respects, as required by 10 CFR 110.7a, 10 CFR 110.50(c)(3)(i)(H), and 10 CFR 110.32(g).

Avera McKennan (EA-21-027)

On May 19, 2022, the NRC issued a confirmatory order (CO) to Avera McKennan (licensee) confirming commitments reached as a part of an alternate dispute resolution (ADR) mediation settlement agreement between the licensee and the NRC.  The ADR mediation and subsequent CO were based on the results of an investigation at Avera McKennan (licensee) in which the NRC identified two apparent violations: (1) Title 10 of the Code of Federal Regulations (10 CFR) 35.63(a) requiring a licensee determined doses of unsealed byproduct material for medical use by direct measurement, the activity of dosages before medical use as required by 10 CFR 35.63(a); and (2) 10 CFR 30.9 “Completeness and accuracy of information” related to maintaining accurate measurement records. The CO acknowledges Avera McKennan’s view that no violation of requirements occurred. The parties agree to disagree on whether violations occurred. The licensee agreed to complete wide-ranging actions that are expected to improve its licensed program, as fully described in the CO. In consideration of the actions and commitments outlined in the CO, the NRC agrees to (1) refrain from imposing a civil penalty, and (2) not issue a separate notice of violation.

University of Wyoming (EA-22-001)

On May 17, 2022, the NRC issued a Notice of Violation to the University of Wyoming (Licensee) for a Severity Level (SL) III problem associated with two (A+B) related violations and an SL IV violation (C).  The violations involved the licensee’s: (A) failure to establish adequate administrative controls to assure safe operations involving licensed materials as required by Title 10 of the Code of Federal Regulations (10 CFR) 33.13(c)(3); (B) possession and use of byproduct material in excess of the NRC-authorized possession limits contrary to 10 CFR 30.3(a); and (C) failure to use proper labeling of a container with byproduct material in accordance with 10 CFR 20.1904(a). Specifically, the licensee’s administrative procedures failed to assure: (i) control of procurement and use of byproduct material; (ii) completion of safety evaluations of proposed uses of byproduct material, training and experience of the user, and the operating or handling procedures; and (iii) review, approval, and recording by the radiation safety committee of safety evaluations of proposed uses prior to use of the byproduct material.  Further, on November 17, 2021, the licensee possessed an approximately 18.4 millicurie Am-241 metal source that was not authorized by its NRC license and the source was not labelled as required with sufficient information to take precautions to avoid or minimize exposures.

Defense Health Agency (EA-21-132)

On April 27, 2022, the NRC issued a notice of violation and proposed imposition of civil penalty in the amount of $3,500 to the Defense Health Agency (licensee) for a Severity Level III violation. The violation involved the licensee’s failure to control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage, as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1802. In addition, the notice included one SLIV violation for the licensee’s failure to report by telephone to the NRC Headquarters Operations Center immediately after it was aware that licensed material was missing in an aggregate quantity equal to or greater than 1,000 times the quantity specified in Appendix C to 10 CFR Part 20 and under such circumstances that it appears that an exposure could result to persons in unrestricted areas, as required by 10 CFR 20.2201(a).

Department of Veterans Affairs (EA-21-059)

On April 22, 2022, the NRC issued a confirmatory order (CO) to the Department of Veterans Affairs (VA; licensee) confirming commitments reached as a part of an alternate dispute resolution (ADR) mediation settlement agreement between the licensee and the NRC.  The ADR mediation and subsequent CO were based on the results of an investigation at the VA Greater Los Angeles Healthcare System facility in which the NRC identified two areas of apparent violations: (1) willful failure of a nuclear medicine technologist to perform “breakthrough” tests on a Sr-82/Rb-82 generator as required by Title 10 of the Code of Federal Regulations (10 CFR) 35.204(c); and (2) 10 CFR 30.9 “Completeness and accuracy of information” related to the same technologist’s falsification of records for “breakthrough” measurements as required by 10 CFR 35.204(d) and 10 CFR 35.2204. Additionally, the licensee agreed to complete wide-ranging corrective actions and enhancements that are expected to improve the safety program, as fully described in the CO. In consideration of the corrective actions and commitments outlined in the CO, the NRC agrees to (1) refrain from proposing a civil penalty, (2) not issue a separate notice of violation in addition to the CO but, rather, describe the violations in the body of the order and (3) not consider the CO an escalated enforcement action for future assessment of violations occurring at the VA.

Kakivik Asset Management, LLC (EA-21-100)

On April 05, 2022, the NRC issued a Notice of Violation to Kakivik Asset Management, LLC (Licensee) for a Severity Level III problem associated with two related, willful violations. The violations involved the licensee’s failure to: (1) ensure that an individual wore personnel monitoring equipment during radiographic operations as required by Title 10 of the Code of Federal Regulations (10 CFR) 34.47(a), and (2) read and record the exposure of a direct reading dosimeter at the start of a shift, as required by 10 CFR 34.47(b).  Specifically, on February 28, 2020, the licensee’s assistant radiographer willfully conducted industrial radiography at a temporary job site on the North Slope of Alaska without the required personnel monitoring equipment and willfully falsified the daily radiation report record prior to the performance of radiography.

Northwest Inspection, Inc. (EA-21-145)

On March 14, 2022, the NRC issued a Notice of Violation to Northwest Inspection, Inc. (licensee) for a Severity Level (SL) III violation.  Based on the information developed during the inspection and the information provided by the licensee in response to the inspection report dated January 7, 2022, the NRC determined that one violation of NRC requirements occurred.  The violation cited was based on the licensee’s failure to ensure that a radiographer’s assistant wore a personnel dosimeter while performing radiographic operations contrary to Title 10 of the Code of Federal Regulations (10 CFR) 34.47 (a).  The NRC considers this violation to be significant because of the potential for radiological exposure in excess of regulatory limits.  Accordingly, this violation is categorized as a Severity Level III violation in accordance with Section 6.3.c.4.b of the NRC Enforcement Policy.

Cultilux (EA-21-103)

On March 14, 2022, the NRC issued a Notice of Violation to Cultilux (licensee) for a Severity Level (SL) III problem associated with three (A+B+C) related violations. Based on the information developed during the inspection and the information provided by the licensee in response to the inspection report dated December 22, 2021, the NRC determined that three violations of NRC requirements occurred. The violations cited include the licensee’s: (A) failure to possess an NRC license prior to distributing byproduct material contrary to Title 10 of the Code of Federal Regulations (10 CFR) 30.3(a), (B) failure to limit the distribution of ceramic metal halide bulbs to models authorized on the license contrary to 10 CFR 30.34(a) and License Conditions 6.A-9.A of NRC Materials License 17-35464-01 E, and (C) failure to file a report of all transfers of byproduct material with the Director of the Office of Nuclear Material Safety and Safeguards covering the preceding calendar year contrary to 10 CFR 32.16 (a) and 10 CFR 32.16 (c)(1). The NRC considers Violations A, B, and C to be significant violations because of the programmatic failures associated with the licensee’s distribution program. Accordingly, these violations are categorized collectively as a Severity Level III problem in accordance with Section 6.3.c.11 of the NRC Enforcement Policy.

Somat Engineering Inc. (EA-21-146)

On March 3, 2022, the NRC issued a Confirmatory Order (CO) to Somat Engineering, Inc. memorializing commitments reached during an alternative dispute resolution (ADR) mediation session held on January 11, 2022. The commitments were made as part of the settlement agreement between Somat Engineering, Inc. and the NRC based on evidence gathered during an investigation in which the NRC identified three apparent violations of NRC requirements. The first violation is related to the loss of a portable moisture density gauge due to the licensee’s failure to control and maintain constant surveillance of the gauge after failing to secure it as required by 10 CFR 20.1802 and 10 CFR 30.34(i). The second violation involves the licensee’s failure to secure a gauge from shifting during transportation as required by 10 CFR 71.5 (a) and 49 CFR 173.448 (a). The third apparent violation is related to the licensee’s failure to secure a second portable moisture density gauge from unauthorized removal or access as required by 10 CFR 20.1801. In consideration of the corrective actions taken, the commitments outlined in the CO, and the license modifications described in Section V of the CO, the NRC agrees not to pursue any further enforcement action or civil penalty in connection with the apparent violations. However, the NRC will consider this Confirmatory Order as an escalated enforcement action.

Steel City Gamma, LLC (EA-21-045)

On March 2, 2022, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $25,600 to Steel City Gamma, LLC (SCG) for a Severity Level II problem associated with two related violations. The violations involved: (1) SCG’s 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 Title 10 of the Code of Federal Regulations (10 CFR) 150.20; and (2) SCG performing licensed activities in NRC jurisdiction without a license as required by 10 CFR 30.3. Specifically, on December 18, 2019, and from January 1, 2020 through March 9, 2020, SCG, a Pennsylvania State licensee, engaged in industrial radiography at a facility in West Virginia, a non-Agreement State, without first submitting the NRC Form 241, a copy of its Agreement State license, and the appropriate fee to the NRC Regional Office. Further, on numerous occasions from March 10, 2020, through April 9, 2020, SCG engaged in industrial radiography, without holding a specific NRC license authorizing such activities.

Acuren Inspection, Inc. (EA-21-133)

On February 28, 2022, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the amount of $16,000 to Acuren Inspection, Inc. for a Severity Level (SL) III problem associated with two (A+B) related violations. Based on the information developed during the inspection and the information provided by the licensee in response to the inspection report dated November 18, 2021, the NRC determined that two violations of NRC requirements occurred. The violations include: (A) conducting radiography without at least one other qualified individual present contrary to Title 10 of the Code of Federal Regulations (10 CFR) 10 CFR 34.41(a), and (B) the licensee’s failure to maintain continuous direct visual surveillance of the radiographic operation to protect against entry into the restricted area and the high radiation area contrary to 10 CFR 34.51 requirements. The NRC considers Violations A and B to be significant violations because these failures resulted in actual consequences to a member of the public, although the brief exposure did not result in an overexposure based on dose reconstruction calculations.

Marian Medical Services, LLC (EA-21-120)

On February 16, 2022, the NRC issued a notice of violation and proposed imposition of civil penalty in the amount of $7,000 to Marian Medical Services, LLC (licensee) for a Severity Level III violation.  The violation involved the licensee’s failure to (1) secure from unauthorized removal or access licensed materials that were stored in controlled or unrestricted areas, as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1801, and (2) control and maintain constant surveillance of licensed material that was in a controlled or unrestricted area and that was not in storage, as required by 10CFR 20.1802.  In addition, the notice included one severity level III problem associated with three related violations.  The violations involved the licensee’s failure to (1) 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), (2) develop, document, and implement a radiation protection program commensurate with the scope and extent of licensed activities and sufficient to ensure compliance with the provisions of 10 CFR Part 20, as required by 10 CFR 20.1101(a), and (3)  conduct a semi-annual physical inventory of all sealed sources in its possession authorized under 10 CFR Part 35, as required by 10 CFR 35.67(g).

Geotechnical and Materials Engineers, Inc. (EA-21-134)

On February 14, 2022, the NRC issued a Notice of Violation and Exercise of Enforcement Discretion to Geotechnical and Materials Engineers, Inc. (Licensee) for a Severity Level III problem associated with two related violations. The violations involved licensee’s failure to: (1) confine the possession of the regulated byproduct material to the locations authorized by its NRC license as required by Title 10 of the Code of Federal Regulations (10 CFR) 30.34(c); and (2) secure a portable gauge from unauthorized removal with a minimum of two independent physical controls that form tangible barriers when the portable gauge is not under the control and constant surveillance of the licensee, in accordance with 10 CFR 30.34(i). Specifically, between January 15, 2021, and August 16, 2021 a portable moisture density gauge was stored at a location not authorized by the licensee’s NRC license and stored in a storage unit that was secured with only one tangible barrier. Finally, as part of its corrective actions, the licensee transferred the gauge to another authorized recipient and the NRC exercised discretion not to propose a civil penalty in accordance with Section 3.5 of the Enforcement Policy.

Union Carbide Corporation (EA-21-114)

On February 14, 2022, the NRC issued a Notice of Violation (Notice) to Union Carbide Corporation (Licensee) for a Severity Level (SL) III violation. The violation involved the licensee’s failure to maintain a qualified Radiation Safety Officer (RSO) as required by Condition 12 of its NRC License.  Specifically, the RSO left the licensee’s employment in June 2017 and the licensee appointed new RSOs in 2017, 2020, and 2021, but did not submit a license amendment request until July 20, 2021, and the new RSO was not approved until August 30, 2021. In addition, the Notice included three SL IV violations associated with License Conditions 15 and 23, involving the licensee’s failure to: (1) maintain records of physical inventories of its devices; (2) monitor authorized users to evaluate their doses to be within the required regulatory limits; and (3) perform periodic radiation surveys of radiation fields around the sources to assure that radiation exposure is within established limits.

KRONUS, Inc. (EA-21-119)

On January 25, 2022, the NRC issued a Notice of Violation to KRONUS, Inc. (Licensee) for a severity level III violation for failure to survey, in accordance with 10 CFR 20.1501(a), those areas necessary for the licensee to comply with 10 CFR Part 20 regulations and evaluate potential radiological hazards. Specifically, between December 1999 and May 2021, the licensee failed to make adequate physical surveys with a radiation detection survey meter that could reasonably detect low activity amounts of iodine-125 contamination and did not perform surveys at the end of the day where unsealed iodine-125 was handled.

Department of the Army (EA-21-115)

On January 3, 2022, the NRC issued a Notice of Violation to the Department of the Army, National Ground Intelligence Center (Licensee) for a severity level III violation of its license for failure to have an NRC authorized individual identified to fulfill the duties and responsibilities of a Type A Broadscope Radiation Safety Officer (RSO).  Specifically, beginning January 2020, the licensee appointed a new RSO who lacked the required qualifications. After the RSO retired in July 2021, the licensee remained without the required RSO until September 2021, when it submitted for NRC approval a license amendment naming a qualified RSO.

Page Last Reviewed/Updated Friday, November 04, 2022