EA-02-263 - Columbia Curb & Gutter Company

January 21, 2003

EA-02-263

Bill Boyce, Jr., President
Columbia Curb & Gutter Company
4105 I-70 Drive SE
Columbia, MO 65201-6701

SUBJECT:

NOTICE OF VIOLATION (NRC INSPECTION REPORT NO. 03035995/2002-001(DNMS))

Dear Mr. Boyce:

This refers to the inspection conducted on December 4, 2002, at your temporary job site located at the USDA Soil Conservation Project on Missouri Highway O in Marthasville, Missouri. The purpose of the inspection was to determine whether activities authorized by the license were conducted safely and in compliance with NRC requirements. As described in the inspection report sent to you on December 27, 2002, an apparent violation of NRC requirements was identified involving the failure to secure licensed material from unauthorized access or maintain constant surveillance of this material.

In the letter transmitting the inspection report, we provided you the opportunity to address the apparent violation identified in the report by either attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. In a letter dated January 2, 2003, Columbia Curb & Gutter provided a response to the apparent violation.

Based on the information developed during the inspection and the information that you provided in your response to the inspection report dated, January 2, 2003, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the subject inspection report. On several occasions between August 15 and December 4, 2002, licensed material (a moisture density gauge) was stored in an unlocked room within an unlocked trailer and was not under constant surveillance by an authorized user.

The failure to adequately secure or maintain constant surveillance of licensed material is a significant safety issue. Implementation of adequate security measures is intended to prevent the loss or theft of licensed material and to prevent members of the public from being unknowingly and unnecessarily exposed to radiation. Therefore, this violation has been categorized in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600 at Severity Level III.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $3000 is considered for a Severity Level III violation. Because your facility has not been the subject of previous escalated enforcement actions, the NRC considered whether credit is warranted for Corrective Action in accordance with the civil penalty assessment process in Section VI.C.2 of the Enforcement Policy. Credit for corrective action is warranted that included, but was not limited to: (1) training all authorized users on the need for security of moisture density gauges; (2) installing a lock on the door of the room where the nuclear gauge was stored inside the trailer and distributing keys for this lock only to authorized users; (3) adding the area of gauge security to the pre-job checklist; and (4) including an assessment of the security of gauges during compliance audits at temporary job sites.

Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement actions, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty. In addition, issuance of this Severity Level III violation constitutes escalated enforcement action, that may subject you to increased inspection effort.

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved, is already adequately addressed on the docket in Inspection Report No. 03035995/2002-001(DNMS) and Columbia Curb & Gutter's letter, dated January 2, 2003. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosures, and your response, if any, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), which is accessible from the NRC Web site at the Public NRC Library. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. The NRC also includes Issued Significant Enforcement Actions on its Web site.

		Sincerely,
		/RA/
		J. E. Dyer Regional Administrator

Docket No. 030-35995
License No. 24-32392-01

Enclosure: Notice of Violation

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NOTICE OF VIOLATION

Columbia Curb & Gutter Company Columbia, Missouri

Docket No. 030- 35995 License No. 24-32392-01 EA-02-263

During an NRC inspection conducted on December 4, 2002, a violation of NRC requirements was identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

10 CFR 20.1801 requires that the licensee secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas. 10 CFR 20.1802 requires that the licensee control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage. As defined in 10 CFR 20.1003, controlled area means an area, outside of a restricted area but inside the site boundary, access to which can be limited by the licensee for any reason; and unrestricted area means an area, access to which is neither limited nor controlled by the licensee.

Contrary to the above, for one to two hours per week between August 15 and December 4, 2002, the licensee did not secure from unauthorized removal or limit access to 7.8 millicuries of cesium-137 and 40 millicuries of americium-241 contained in a moisture density gauge located in a trailer, which is an unrestricted area, nor did the licensee control and maintain constant surveillance of this licensed material. Specifically, the gauge was kept in an unlocked room within an unlocked, unoccupied trailer, and the entrances to the trailer were not under surveillance by the licensee.

This is a Severity Level III violation (Supplement IV).

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved, is already adequately addressed on the docket in Inspection Report No. 03035995/2002-001(DNMS) and Columbia Curb & Gutter's letter, dated January 2, 2003. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation, EA-02-263" and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, Region III, Suite 255, 801 Warrenville Road, Lisle, IL 60532-4351, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), which is accessible from the NRC Web site at the Public NRC Library. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 21^st day of January 2003.