2023 Materials Actions
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Century Geophysical, LLC (EA-23-064)
On December 21, 2023, the NRC issued a notice of violation (Notice) and proposed imposition of a civil penalty to Century Geophysical, LLC (licensee) for a severity level (SL) III problem and a SL III violation. The SL III problem involved the licensee’s failure to (1) properly train two individuals before allowing them to act as well logging supervisors contrary to the requirements in Title 10 of the Code of Federal Regulations (10 CFR) 39.61(a) and License Condition 21.A of NRC Materials License 35-04017-04, and (2) conduct job performance audits for two well logging supervisors at intervals not to exceed 1 year as required License Condition 21.A of NRC Materials License 35-04017-04. The SL-III violation involved the licensee’s failure to conduct proper radiation surveys prior to transporting radioactive materials as required by 10 CFR 39.67(b). The Notice also included an additional SL-III violation with no associated civil penalty for the licensee’s failure to secure materials from unauthorized removal or access as required by 10 CFR 20.1801. Finally, the Notice also included three SL IV violations.
Air Products and Controls, Inc. d/b/a Apollo America (EA-23-112)
On November 28, 2023, the NRC issued a notice of violation to Air Products and Controls, Inc. d/b/a Apollo America (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to transfer smoke detectors containing licensed material to an authorized recipient for disposal as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.2001(a)(1).
IRISNDT, Inc. (EA-23-101)
On November 28, 2023, the NRC issued a notice of violation to IRISNDT, Inc. (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to control access into a high radiation area by any of the methods described in Title 10 of the Code of Federal Regulations (10 CFR) 20.1601(a) or (b).
ProTechnics Division of Core Laboratories, LP (EA-23-039)
On November 28, 2023, the NRC issued a Confirmatory Order (Order) to ProTechnics Division of Core Laboratories, LP (ProTechnics, licensee) memorializing commitments reached as part of an alternative dispute resolution (ADR) mediation session held on October 11, 2023, between the licensee and the Nuclear Regulatory Commission (NRC). The ADR mediation and subsequent Order were based on the results of an inspection during which six apparent violations were identified and that were being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. In consideration of the corrective actions taken by the licensee and the commitments outlined in the Order, the NRC is satisfied that its concerns will be adequately addressed based on the legally binding commitments that ProTechnics will implement consistent with Order requirements. Accordingly, the NRC agrees not to issue a notice of violation and not impose a civil penalty for the apparent violations.
United Hospital Center (EA-23-062)
On November 21, 2023, the NRC issued a notice of violation (Notice) to United Hospital Center (licensee) for a Severity Level (SL) III violation. The SL-III violation involved the licensee’s failure to implement written procedures for responding to an abnormal situation as required by Title 10 of the Code of Federal Regulations (10 CFR) 35.610(a) when an operator was not able to place a high dose rate remote afterloader in its shielded position at the end of the treatment. Additionally, the Notice also included two SL IV violations.
Prime NDT Services, Inc. (EA-23-089)
On November 15, 2023, the NRC issued a Notice of Violation (Notice) for a severity level (SL) III violation to Prime NDT Services, Inc. (licensee). The violation occurred between February 9, 2022, and February 16, 2023, when the licensee did not complete and submit a National Source Tracking Transaction Report for three sources received under its NRC Radioactive Materials License from its State of Ohio Radioactive Materials License, as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.2207(c). Specifically, the licensee received nationally tracked sources under its NRC license for extended interim storage at a facility in Mount Pleasant, Michigan on February 9, 2022, October 9, 2022, and December 21, 2022, and did not complete a Transaction Report for these transfers. The Notice also included one SL-IV violation.
Almonte Geo Service Group (EA-23-016)
On November 9, 2023, the NRC issued a notice of violation (Notice) and Proposed Imposition of Civil Penalty of $17500 to Almonte Geo Service Group (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to complete decommissioning by disposing of its remaining portable gauge as soon as practicable but not later than 24 months following the initiation of decommissioning as required by 10 CFR 30.36 (h).
Saint Alphonsus Health System (EA-23-012)
On July 19, 2023, the NRC issued a notice of violation (Notice) to Saint Alphonsus Health System (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to ensure that written directives for permanent implant brachytherapy contained the information required by Title 10 of the Code of Federal Regulations (10 CFR) 35.40(b)(6).
Sofie Co. (EA-23-063)
On November 9, 2023, the NRC issued a notice of violation (Notice) to Sofie Co. (licensee) for a Severity Level (SL) III violation. The SL III violation involved the licensee’s failure to ensure that the occupational extremity exposure for an employee remained within the NRC’s annual limits, as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1201(a)(2)(ii). In addition, the Notice included two SL IV violations involving the licensee’s failure to ensure that extremity monitoring badges were worn as required by License Condition 19.A, and failure to conduct operations so that the dose in any unrestricted area from external sources did not exceed NRC limits as required by 10 CFR 20.1301(a)(2).
VHS Harper-Hutzel Hospital, Inc. (EA-22-135)
On August 17, 2023, the NRC issued a notice of violation (Notice) and proposed imposition of civil penalty in the amount of $8,750 to VHS Harper-Hutzel Hospital, Inc. (licensee), for a Severity Level (SL) III violation. The violation involved the licensee’s failure to develop, implement, and maintain written procedures to provide high confidence that each administration of Y-90 microspheres was in accordance with the written directive as required by Title 10 of the Code of Federal Regulations (10 CFR) 35.41(a)(2). The Notice also included one SL IV violation.
Department of the Air Force (EA-23-051)
On July 17, 2023, the NRC issued a Notice of Violation for a severity level (SL) III violation to the Department of the Air Force Test Center at Las Vegas, NV (licensee). The violation occurred when, in September 2021, the licensee transferred and disposed of generally licensed devices containing byproduct material, and products containing radium-226 to persons not authorized in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 31.5(c)(8)(i) and 10 CFR 31.12(c)(4) to receive the radioactive materials.
JENDCO Corporation (EA-23-041)
On July 13, 2023, the NRC issued a notice of violation (Notice) to JENDCO Corporation (licensee) for a Severity Level (SL) III violation. The SL III 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 or receive a specific license from the NRC prior to performing work in NRC jurisdiction, as required by Title 10 of the Code of Federal Regulations (10 CFR) 30.3 and 150.20.
St. James Healthcare (EA-22-138)
On June 9, 2023, the NRC issued a notice of violation to St. James Healthcare (licensee), for a Severity Level III violation. The violation involved the licensee’s failure to prepare written directives that were dated and signed by an authorized user as required by Title 10 of the Code of Federal Regulations (10 CFR) 35.40(a).
G2 Consulting Group, LLC (EA-23-011)
On May 25, 2023, the NRC issued a notice of violation (Notice) and proposed imposition of civil penalty (CP) in the amount of $8,750 to G2 Consulting Group, LLC (licensee) for a Severity Level (SL) III violation for the failure to maintain control and constant surveillance of licensed material that was not in storage as required by Title 10 Code of Federal Regulations 20.1802. The violation consisted of the loss of a Troxler Model 3430 portable moisture density gauge (serial number 70894) containing 8 millicuries of cesium-137 and 40 millicuries of americium-241 that was last used at a temporary job site in Allen Park, Michigan. The Notice also included one SL-IV violation.
Thermo Fisher Scientific (EA-22-031)
On May 19, 2023, the NRC issued a notice of violation (Notice) to Thermo Fisher Scientific (licensee) for three Severity Level (SL) III violations. The SL III violations involved (1) two exports of special nuclear material (SNM) that were not authorized under a specific license as required by Title 10 of the Code of Federal Regulations (10 CFR) 110.9 and 110.21(a); (2) failing to report a nuclear material transaction report to the Nuclear Materials Management and Safeguards System (NMMSS) for shipment of SNM as required by 10 CFR 150.16(a)(1); and (3) failing to annually submit material status reports and reconciling data with NMMSS as required by 10 CFR 150.17(a).
Alecto Healthcare Services Wheeling LLC (EA-22-057)
On May 11, 2023, the NRC issued a notice of violation to Alecto Healthcare Services Wheeling LLC (licensee), for a Severity Level III problem associated with three related violations. The violations involved the licensee’s: (1) failure to complete decommissioning in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 30.36(h)(1); (2) failure to control licensed material that was in an unrestricted area and not in storage in accordance with 10 CFR 20.1802; and (3) possession of material not authorized on its NRC license in accordance with 10 CFR 30.3.
APINDE Inc. (EA-20-123)
On May 11, 2023, the U.S. Nuclear Regulatory Commission (NRC) issued a revocation order to APINDE, Inc. (licensee), revoking their NRC license. The order is based upon evidence the NRC gathered through an Office of Investigations investigation, through which the NRC concluded that APINDE provided inaccurate information to the NRC in the initial APINDE license application about the recent radiography experience for the individual proposed to be the Radiation Safety Officer (RSO) as well as an inaccurate training certificate for required RSO training. Additionally, in a subsequent license amendment request, the licensee requested NRC approval to name a new RSO on the license but submitted an inaccurate training certificate for this individual as well.
U.S. Environmental Protection Agency (EA-22-114)
On April 14, 2023, the NRC issued a notice of violation (Notice) to the U.S. Environmental Protection Agency (licensee) for two violations. The first violation (Severity Level III) involved the licensee’s failure to control and maintain constant surveillance of licensed materials that were not in storage as required by 10 CFR 20.1802. The second violation (Severity Level IV) involved the licensee’s failure to correctly perform physical inventories of licensed materials as required by License Condition 18 of NRC Materials License No. 27-05861-02.
Soil and Materials Engineers, Inc. (EA-22-118)
On April 6, 2023, the NRC issued a notice of violation to Soil and Materials Engineers, Inc. (licensee) for a Severity Level III violation for which there were two examples. Both examples involved the licensee’s failure to maintain control or constant surveillance of licensed material that is not in storage as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1802 and 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 10 CFR 30.34(i). Specifically on September 15, 2022, the licensee left a Troxler Model 3430 gauge unattended in the locked cab of a truck at a jobsite and on October 28, 2022, at a different jobsite, the licensee left a Troxler Model 4640B gauge unattended in an unlocked vehicle with the engine running.
Community Health Network, Inc. (EA-22-091)
On April 3, 2023, the NRC issued a notice of violation to Community Health Network, Inc. (licensee), for a Severity Level III violation. The violation involved the licensee’s failure to implement written procedures to provide high confidence that each administration of yttrium-90 is in accordance with the written directive, as required by Title 10 of the Code of Federal Regulations 35.41(a)(2).
Mercy Hospital Joplin (EA-22-126)
On April 5, 2023, the NRC issued a notice of violation (Notice) to Mercy Hospital Joplin (licensee) for one Severity Level (SL) III violation. The violation involved the licensee’s failure to have an authorized user date and sign a written directive before an administration of iodine-131 (I-131) sodium iodide, as required by Title 10 of the Code of Federal Regulations (10 CFR) 35.40(a).
Radiation Safety Services (EA-22-051)
On March 31, 2023, the NRC issued a notice of violation (Notice) to Radiation Safety Services (licensee) for one Severity Level (SL) III violation. This violation is related to an NRC investigation conducted to determine whether employees of Radiation Safety Services, LLC, while working under reciprocity in NRC jurisdiction, willfully transferred byproduct material to an NRC licensee without verifying that it was authorized to receive and possess the material. The violation involved the licensee’s transfer of byproduct material to a company that was not specifically licensed by the NRC to receive the material, contrary to requirements of Title 10 of the Code of Federal Regulations (10 CFR) 150.20(b)(3). The NRC considers this to be a significant violation because the transfer of licensed radioactive material to an unauthorized entity provides greater opportunities for misuse or mishandling of the radioactive material. Therefore, this violation has been categorized in accordance with the NRC Enforcement Policy at Severity Level III.
Southern Earth Sciences, Inc. (EA-22-128)
On March 22, 2023, the NRC issued a notice of violation to Southern Earth Sciences, Inc. (Southern Earth) for a Severity Level III problem for two related violations. The violations involved Southern Earth’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(b) and 150.20(b)(2).
Clare County Road Commission (EA-22-110)
On March 14, 2023, the NRC issued a notice of violation (Notice) to Clare County Road Commission (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 from unauthorized removal or limit access to a Troxler 3430 portable moisture density gauge nominally containing 9 millicuries of cesium-137 and 44 millicuries of americium-241 that was stored in an unrestricted area and not under the control and constant surveillance of the licensee, as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1801 and 10 CFR 30.34(i). In addition, the Notice included one SL IV violation involving the licensee’s failure to ensure that a hazmat employee received the training required by Title 49 CFR 172.704 at least once every three years.
University of Hawaii (EA-22-066)
On March 9, 2023, the NRC issued a notice of violation (Notice) to the University of Hawaii (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 establish appropriate administrative procedures to assure: (1) control of procurement and use of byproduct material in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 33.13(c)(3)(i); (2) completion of safety evaluations of proposed uses of byproduct material which take into consideration such matters as the adequacy of facilities and equipment, training and experience of the user, and the operating or handling procedures as required by 10 CFR 33.13(c)(3)(ii); and (3) review, approval, and recording by the Radiation Safety Committee of safety evaluations of proposed uses prepared prior to the use of the byproduct material in accordance with 10 CFR 33.13(c)(3)(iii). The second violation involved the license’s failure to confine its use of byproduct material to the purposes authorized in the license as required by 10 CFR 30.34(c). The Notice also included five SL IV violations.
Barnes-Jewish St. Peters Hospital (EA-22-111)
On February 22, 2023, the NRC issued a notice of violation to Barnes-Jewish St. Peters Hospital (licensee), for a Severity Level III violation. The violation involved the licensee’s failure to document the route of administration on written directives for approximately 14 administrations of radium-223 dichloride, as required by Title 10 of the Code of Federal Regulations 35.40(b)(2).
Almonte Geo Service Group (EA-21-006)
On February 1, 2023, the NRC issued a notice of violation to Almonte Geo Service Group (licensee) for a Severity Level III violation. The violation involved licensee’s failure to meet its obligation to pay all debts due to NRC and dispose of or transfer its licensed material according to the terms of the Order that revoked licensee’s NRC License No. 52-31453-01, issued by the NRC on September 1, 2015.
A & M Engineering and Environmental Services, Inc. (EA-22-092)
On January 31, 2023, the NRC issued a notice of violation to A & M Engineering and Environmental Services, Inc. (A & M) for a Severity Level III violation. The violation involved A & M’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.
Hampton, Lenzini and Renwick, Inc. (EA-22-090)
On January 12, 2023, the NRC issued a notice of violation to Hampton, Lenzini and Renwick, Inc. (HLR) for a Severity Level III violation. The violation involved HLR’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.
Hawaii Agriculture Research Center (EA-22-053)
On January 11, 2023, the NRC issued a notice of violation (Notice) and proposed imposition of civil penalty (CP) in the amount of $16,000 to Hawaii Agriculture Research Center (licensee) for a Severity Level (SL) III problem and a SL III violation. The SL III problem consisted of three violations involving the licensee’s: (1) failure to perform an inventory of the radioactive material possessed under its license as required by license condition 15, (2) possession of material not authorized under its license contrary to 10 CFR 30.3(a) and license condition 6.D, and (3) improper storage of unsealed radioactive material and radioactively contaminated waste items contrary to license condition 15. The SL III violation involved the licensee’s failure to develop and implement a radiation protection program commensurate with the scope and extent of NRC licensed activities as required by 10 CFR 20.1101(a) and license condition 9. The Notice also included three SL IV violations that were not assessed a CP.