2024 Materials Actions

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St. Mary Medical Center - Hobart (EA-24-054)

On October 23, 2024, the NRC issued a notice of violation to St. Mary Medical Center - Hobart (licensee) for a severity level III problem associated with three related violations. The violations involved the licensee’s failures to: (1) monitor individuals’ exposure from licensed and unlicensed radiation sources as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1502(a)(1); (2) implement certain elements of its radiation protection program as required by 10 CFR 20.1101(a); and (3) provide instruction to individuals who were likely to receive in a year an occupational dose in excess of 100 millirem as required by 10 CFR 19.12(a)(3).

Wyoming Cardiopulmonary Services, PC (EA-24-077)

On October 17, 2024, the NRC issued a notice of violation (Notice) to Wyoming Cardiopulmonary Services, PC (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to have a qualified Radiation Safety Officer (RSO) performing the duties of the RSO as required by License Condition 11 of NRC License No. 49-27711-01, Amendment No. 7, dated July 25, 2022. Specifically, after the RSO named on the license left the licensee, there was no qualified and named RSO working for the licensee until issuance of Amendment No. 8 to NRC License 49-27711-01.

Glow Rhino, LLC (EA-23-140)

On October 16, 2024, the NRC issued a Confirmatory Order (CO) to Glow Rhino, LLC, memorializing commitments reached during an alternative dispute resolution (ADR) mediation session held on July 18, 2024. The ADR session was associated with two apparent violations related to the possession and distribution of products containing radioactive material without the appropriate licenses, as required by Title 10 of the Code of Federal Regulations Part 30.3, "Activities requiring license." As a result of the CO, the NRC will not cite the apparent violations and will not issue an associated civil penalty.

Guillermo A. Torres-Cabrera, M.D​. (EA-24-041)

On September 26, 2024, the NRC issued a notice of violation (Notice) to Guillermo A. Torres-Cabrera (licensee) for a Severity Level (SL) III violation. The violation involved the licensee’s failure to secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas in accordance with Title 10 of the Code of Federal Regulations 20.1801. The Notice also includes a SL IV violation.

Alliance HealthCare Services, Inc. (EA-24-019)

On August 27, 2024, the NRC issued a notice of violation and proposed imposition of civil penalty in the amount of $9,000 to Alliance HealthCare Services, Inc. (licensee) for a Severity Level III violation. The violation involved the licensee’s failure to secure from unauthorized removal or access to licensed materials that are stored in controlled or unrestricted areas, as required by Title 10 of the Code of Federal Regulations (10 CFR) Section 20.1801. This failure resulted in the loss of the two Ge-68 sources, which are still missing today.

Department of Transportation Federal Highway Administration (EA-24-035)

On August 27, 2024, the NRC issued a notice of violation (Notice) to the Department of Transportation Federal Highway Administration (licensee) for a Severity Level III (SL) violation. The violation involved the licensee’s failure to have an individual named on the license as the radiation safety officer as required by NRC License Condition No. 12 of NRC License No. 45-23090-01. The Notice also includes three SL IV violations associated with the licensee’s radiation safety program.

Yale-New Haven Hospital (EA-24-022)

On July 24, 2024, the NRC issued a notice of violation and proposed imposition of civil penalty in the amount of $9,000 to Yale-New Haven Hospital (licensee) for a Severity Level (SL) III problem associated with two related violations. The violations resulted when the licensee (1) transferred radioactive material to an unauthorized recipient contrary to Title 10 of the Code of Federal Regulations (10 CFR) 20.2001(a) and (2) disposed of a lead container containing radioactive material and did not first monitor the vial at the surface with no interposed shielding, contrary to 10 CFR 20.2001(a) and 10 CFR 35.92(a)(1), respectively.  

Ascension St. Vincent Hospital (EA-24-011)

On July 9, 2024, the NRC issued a notice of violation (Notice) to Ascension St. Vincent Hospital (licensee) for a Severity Level (SL) III problem and a SL III violation. The SL III problem encompassed three violations involving the licensee’s failure to: (1) monitor three individuals’ exposure from licensed and unlicensed radiation sources as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1502; (2) implement certain elements of its radiation protection program as required by 10 CFR 20.1101(a); and (3) provide instruction to individuals who were likely to receive in a year, an occupational dose in excess of 100 millirem, as required by 10 CFR 19.12(a)(3). The SL III violation involved the licensee’s failure to control and maintain constant surveillance of a package containing licensed material that was in a controlled or unrestricted area and not in storage, as required by 10 CFR 20.1802. The Notice also included two SL IV violations.

Defense Health Agency (EA-23-090, EA-23-149)

On July 1, 2024, the NRC issued a notice of violation (Notice) and proposed imposition of civil penalty in the amount of $9,000 to Defense Health Agency (licensee) for a Severity Level III violation involving the licensee’s failure to comply with 10 CFR 20.1801 when it did not secure ten iodine-125(I-125) seeds from unauthorized removal or access while in storage at the Brooke Army Medical Center (BAMC) in Fort Sam Houston, Texas. In addition, the Notice included one SL IV violation involving the licensee’s failure to control and maintain constant surveillance over a much smaller source that was lost from inventory after a tumor localization procedure.

Curium US LLC (EA-21-055)

On June 13, 2024, the NRC issued a confirmatory order (CO) to Curium US LLC (Curium) memorializing commitments reached during an alternative dispute resolution (ADR) mediation session held on March 5 – 6, 2024. The ADR session was associated with ten apparent violations involving an incident where a medical isotope shipping cask was released from a hot cell, with a highly contaminated component inside, that resulted in a site-wide contamination event. Curium agreed to complete wide-ranging corrective actions to their programs and procedures. As a result of the CO, the NRC will not cite the apparent violations and will not issue an associated civil penalty.

Prein & Newhof (EA-23-119)

On June 6, 2024, the NRC issued a notice of violation (Notice) and proposed imposition of a civil penalty in the amount of $9000 to Prein & Newhof (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal whenever portable gauges are not under the control and constant surveillance of the licensee as required by Title 10 of the Code of Federal Regulations (10 CFR) 30.34(i). The Notice also included a SL IV violation with no civil penalty.

Infrared Roofing Technologies, LLC (EA-24-021)

On June 3, 2024, the NRC issued a notice of violation (Notice) for a severity level (SL) III violation to Infrared Roofing Technologies, LLC (licensee). The violation occurred from January 2021 through November 2023, when the licensee did not use a minimum of two independent physical controls that form tangible barriers to secure a portable gauge from unauthorized removal whenever the gauge was not under the control and constant surveillance of the licensee as required by Title 10 of the Code of Federal Regulations (10 CFR) 30.34(i). In addition, the Notice included two SL IV violations.

Premier Cardiovascular Consultants (EA-24-012)

On May 16, 2024, the NRC issued a notice of violation to Premier Cardiovascular Consultants (licensee) for a Severity Level III violation. The violation involved the licensee’s failure to have the individual named on the license as the radiation safety officer as required by License Condition 11 of its NRC Materials License 21-35394-01.

Almonte Geo Service Group (EA-23-016)

On April 12, 2024, the NRC issued an Order Imposing a Civil Penalty in the amount of $17,500 to Almonte Geo Service Group (licensee). This action is based on a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) sent on November 9, 2023. The Notice described a violation identified through an NRC inspection involving the licensee’s failure to complete decommissioning no later than 24 months following the initiation of decommissioning as required by Title 10 of the Code of Federal Regulations (10 CFR) 30.36(h). Although Almonte continues to be in possession of the gauge which remains secured within the locked storage facility authorized by Almonte’s revoked NRC license, the NRC staff identified that Almonte has not disposed of or transferred its licensed material despite having initiated decommissioning activities almost four years ago.

International Isotopes, Inc. (EA-23-120)

On April 4, 2024, the NRC issued a notice of violation (NOV) and proposed imposition of a civil penalty (CP) in the amount of $45000 to International Isotopes, Inc. (licensee) for a SL III problem. The SL III problem involved the licensee’s failure to import special nuclear materials in accordance with NRC requirements for a general license pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 110, “Export and Import of Nuclear Equipment and Material,” and the failure to receive and transfer special nuclear material in accordance with an authorization in a specific license issued by the NRC pursuant to 10 CFR Part 70, “Domestic Licensing of Special Nuclear Material.”

Trinity Health Grand Rapids Hospital (EA-23-122)

On April 2, 2024, the NRC issued a notice of violation to Trinity Health Grand Rapids Hospital (licensee) for a Severity Level (SL) III problem. The SL III problem consisted of two violations. The first violation involved the licensee’s failure to control technetium-99m contaminated waste located in an unrestricted hospital waste collection area, as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1802. The second violation involved the licensee’s failure to make surveys as required by 10 CFR 20.1501 to assure compliance with 10 CFR 20.2001(a)(1), which requires a licensee to dispose of licensed material only by transfer to an authorized recipient as provided in 10 CFR 20.2006 or in the regulations in part 30, 40, 60, 61, 63, 70, and 72. Specifically, the licensee failed to survey hospital waste in accordance with hospital procedures to prevent the disposal of residual technetium-99m in solid waste through transfer to an unauthorized recipient.

Ionetix Alpha Corporation (EA-23-142​)

On April 2, 2024, the NRC issued a notice of violation (Notice) to Ionetix Alpha Corporation (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to ensure that safety interlocks and effluent monitoring be in place before operating the cyclotron, as required by License Condition 19 of License No. 04-35412-02. In addition, the Notice included one SL IV violation involving the licensee’s failure to perform required monitoring for radioactive contamination within 3 hours after receipt of a package labeled with a Radioactive Yellow II label during working hours, as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1906(b) and 20.1906(c).

Quality Inspection & Testing, Inc. (EA-23-145)

On April 1, 2024, the NRC issued a notice of violation (Notice) to Quality Inspection & Testing, Inc. (licensee) for a Severity Level (SL) III violation. The violation involved the licensee’s failure to have a radiation safety officer as required by License Condition 12 of its NRC Materials License 17-35492-01. The Notice also included one SL IV violation.

Ascension Borgess Hospital (EA-23-109)

On April 1, 2024, the NRC issued a Notice of Violation (Notice) to Ascension Borgess Hospital (licensee) for a Severity Level III violation.  The SL III violation involved the licensee’s failure to have an authorized user date and sign a written directive before five administrations of Y-90 microspheres, as required by Title 10 of the Code of Federal Regulations (10 CFR) Part 35.40(a). In addition, the Notice included a Severity Level IV violation involving the licensee’s failure to submit a written report within 30 days of making a telephone report identifying that a sealed source was lost in transit as required by 10 CFR 20.2201(b).

Community Heath Network, Inc (EA-23-108)

On March 27, 2024, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $27,000 to Community Health Network, Inc. (licensee) for three Severity Level III violations. The violations involved the licensee’s failure to: (1) maintain control and constant surveillance of a high dose rate unit containing iridium-192 as required by 10 CFR 20.1802; (2) prepare written directives that were dated and signed by an authorized user before administration of iodine-131 (I-131) sodium iodide with greater than 1.11 megabecquerels (30 microcuries) as required by 10 CFR 35.40(a); and (3) monitor occupational exposure to radiation from licensed and unlicensed radiation sources under the control of the licensee and assign a shallow-dose equivalent for the individual’s skin receiving the highest exposure as required by 10 CFR 20.1502(a)(1) and 10 CFR 20.1201(c).

Phoenix Federal No. 2 Mining, LLC (EA-23-068)

On March 14, 2024, the NRC issued a notice of violation and proposed imposition of a civil penalty in the amount of $9,000 to Phoenix Federal No. 2 Mining, LLC (Phoenix) for a Severity Level (SL) III violation. Specifically, Phoenix acquired, owned, and possessed byproduct material that was not authorized in a specific or general license as required by Title 10 of the Code of Federal Regulations (10 CFR) 30.3.

Lhoist North America (EA-23-147)

On March 8, 2024, the NRC issued a notice of violation (Notice) to Lhoist North America (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to have a radiation safety officer as required by license condition 12 of its NRC Materials License 11-27434-01. The Notice also included three SLIV violations.

Empire Wireline, LLC (EA-23-113​)

On March 4, 2024, the NRC issued a notice of violation to Empire Wireline, LLC (Empire) for a Severity Level (SL) III violation. The violation involved Empire’s failure to file for reciprocity as required by Title 10 of the Code of Federal Regulations 150.20(b) prior to performing work in federal jurisdiction (U.S. Department of Energy, Strategic Petroleum Reserve facilities located in Bryan Mound and Big Hill, Texas, and West Hackberry, Louisiana) on multiple occasions in 2019 and 2020.

Hillsdale County Road Commission (EA-23-137)

On February 21, 2024, the NRC issued a notice of violation to Hillsdale County Road Commission (licensee) for a Severity Level III problem associated with four related violations. Three of the violations are associated with conditions in NRC License No. 21-24942-01 and involved the licensee’s failure to: (1) have a radiation safety officer as required by License Condition 12; (2) conduct a physical inventory every 6 months as required by License Condition 15; and (3) have access to a radiation survey meter as required by License Condition 19A. The fourth violation involved the licensee’s failure to perform annual reviews of the radiation protection program as required by Title 10 of the Code of Federal Regulations 20.1101(c).

North American Testing, Inc. (EA-31-136)

On February 8, 2024, the NRC issued a notice of violation to North American Testing, Inc. (NAT) for a Severity Level III violation. The violation involved NAT’s failure to file NRC Form 241, "Report of Proposed Activities in Areas of Exclusive Federal Jurisdiction," at least three days prior to engaging in licensed activities as required by Title 10 of the Code of Federal Regulations (CFR) 150.20(b)(1), and for its failure to request approval for changes in work locations as required by 10 CFR 150.20(b)(2).

Construction Materials Technologies, LLC (EA-23-125)

On February 8, 2024, the NRC issued a notice of violation to Construction Materials Technologies, LLC (licensee) for a Severity Level (SL) III violation. The violation involved the licensee’s failure to use a minimum of two physical controls that form tangible barriers to secure a portable gauge while not under the control and constant surveillance of the licensee as required by Title 10 of the Code of Federal Regulations (10 CFR) 30.34(i) and 10 CFR 20.1801. Specifically, an unlocked portable gauge was discovered in the bed of an unattended truck in an unrestricted area.

KLX Energy Services, LLC (EA-23-046)

On February 5, 2024, the NRC issued a notice of violation (Notice) to KLX Energy Services, LLC (KLX) for a Severity Level (SL) III violation. The violation involved KLX’s failure to file for reciprocity as required by Title 10 of the Code of Federal Regulations 150.20(b) prior to performing work in federal jurisdiction (U.S. Department of Energy, Strategic Petroleum Reserve facilities located in Iberville Parish and Cameron Parish, Louisiana) on multiple occasions in 2022. The Notice additionally included a SL-IV violation.

Apex Companies, LLC (EA-23-094)

On January 29, 2024, the NRC issued a notice of violation to Apex Companies, LLC (Apex) for a Severity Level (SL) III violation. The SL III violation involved the Apex’s failure to file for reciprocity as required by Title 10 of the Code of Federal Regulations 150.20(b) prior to performing work on multiple occasions in Washington, DC, an area of NRC jurisdiction.

International Isotopes, Inc. (EA-23-070)

On January 25, 2024, the NRC issued a notice of violation and proposed imposition of civil penalty in the amount of $18,000 to International Isotopes, Inc. (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to manufacture and distribute a sealed source that was in accordance with the provisions of the registration certificate as required by Title 10 of the Code of Federal Regulations (10 CFR) 32.210(f) and License Condition 9.D of NRC Materials License 11-27680-01MD.


Geotechnical and Materials Engineers, Inc. (EA-23-123)

On January 18, 2024, the NRC issued a notice of violation and proposed imposition of a civil penalty in the amount of $9000 to Geotechnical and Materials Engineers, Inc. (licensee) for a Severity Level (SL) III violation. The violation involved the licensee’s failure (1) to maintain control and 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) Part 20.1802, and (2) to use a minimum of two independent physical controls that form tangible barriers to secure a portable gauge that was not under the control and constant surveillance of the licensee as required by 10 CFR Part 30.34(i).

Advanced Isotopes of Idaho (EA-23-103)

 

On January 16, 2024, the NRC issued a notice of violation to Advanced Isotopes of Idaho (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s redistribution of a sealed source to an unauthorized recipient contrary to Title 10 of the Code of Federal Regulations (10 CFR) 32.74, and license condition 9I of NRC Materials License 11-29216-01MD.

Radiation Solutions, LLC (EA-22-041, EA-23-032, EA-23-106)

On January 11, 2024, the NRC issued a Notice of Violation and proposed imposition of a civil penalty of $35,000 to Radiation Solutions, LLC (licensee), for two Severity Level III violations of NRC License No. 11-35111-01. Specifically, the licensee failed to confine possession and use of byproduct material to the locations and purposes authorized in the license on numerous occasions. One of the violations was determined to be deliberate.

Ascension Providence Rochester Hospital (EA-23-110)

On January 3, 2024, the NRC issued a notice of violation to Ascension Providence Rochester Hospital (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to control and maintain constant surveillance of 28 gadolinium-153 line sources located in an unrestricted area and not in storage as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1802.