DRC-2024-006705

Septemberxx, 2024
EnergySolutions, LLC
Attn: Vern C. Rogers, Director of Regulatory Affairs
299 South Main Street, Suite 1700
Salt Lake City, UT 84111
RE:East Side Rotary Facility Request for Information (RFI)- Apparent Violation
Radioactive Material License # UT 2300249 and Ground Water Quality Discharge Permit No. UGW450005
Dear Mr. Rogers:
This notice is being sent to your attention as a representative of EnergySolutions, LLC(the Respondent). According to the Division of Waste Management and Radiation Control’s (Division)
records, you are the designated contact person for the Respondent. On April19, 2022, representatives of the Division conducted a compliance evaluation inspection at the Respondent’s
facility. The scope of the inspection was to verify compliance with Radioactive Material License UT2300249(the License),the Ground Water Quality Discharge Permit No. UGW450005 (the
Permit), Utah Administrative Code R313 and R317 (the Rules),and the Utah Radiation Control Act (the Act).
Based on observations and information obtained during the inspection, and subsequent review of submitted plans of the ESRF, the Director of the Division (Director) is requesting that
the Respondent provide response to our Request for Information (RFI) relating to this compliance issue as well as an opportunity to correct this apparent compliance issue: Condition
33 of the License requires that, “The Licensee shall obtain written approval from the Director prior to construction of significant facilities.”In the Permit Part I.E.3 Failure to Construct
as per Approval requires, “Failure to construct any portion of the facility in compliance with the approved engineering design and specifications or in a manner inconsistent with the
LLRW and 11e.(2) CQA/QC Plan (Radioactive Materials License UT 2300249, Condition 44) shall be cause for the Director to require excavation of the materials and remedial construction,
retrofit of the embankment or any other mitigative action to prevent the release of pollutants to soil or ground water.” Part IV.A Prior Approval states, “… the Permittee may not construct,
install, or operate waste or wastewater storage, treatment, or disposal facilities, or any other facility that discharges or may discharge pollutants that may move directly or indirectly
into ground water without a ground water discharge permit from the Director.Pursuant to UAC R317-6-6.3.J, the Permittee shall submit engineering plans, specifications, and plans for
operation and maintenance of a proposed facility prior to Director approval.”
On April 18, 2022, the Respondent contacted the Division to a report fuel odor coming from “French Drains” (Sumps) that were constructed as part of the East Side Rotary Facility (ESRF)
construction. On April 19, 2022, Division representatives inspected the construction site. The ESRF was conditionally approved for construction but plans for Sumpswere neither included
in the application nor approved to direct storm water or contact water indirectly or directly into groundwater. In a letter dated April 25, 2022 (CD-2022-082, DRC-2022-009445) the Respondent
stated that, “EnergySolutions recognizes that the preliminary construction designs submitted for Director’s approval were inadvertently absent of sump construction detail.”
Within 30 days, please submit the following requested documentation regarding this Apparent Violation and associated corrective actions to the Director:
the cause of each compliance issue;
the specific corrective actions taken, results achieved, and applicable dates;
if future corrective actions are proposed, the specific corrective actions and proposed completion dates, including intermediate milestones, as applicable; and
how the corrective actions will prevent similar compliance issues from recurring.
All information regarding corrective actions relating to this matter should be addressed to the Director at:
Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlP.O. Box 144880Salt Lake City, UT 84114-4880or by email at: [e-mail]
DO NOT submit any documents or information through email that are protected,confidential, proprietary, orfor which you are claiming business confidentiality underUtah Code § 63G-2-305.
To better ensure records are protected, all suchdocuments and information must be submitted using the mailing address above and
in accordance with Utah Code § 63G-2-309.
If you have any questions, please contact Brandon Davis at 385-622-1873.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/BBD/[???]
Enclosure(s):
c:Local health Department (go to U:\HW General Folders\Local Health Depts and Dist. Engineers and insert correct health department file)
List all other persons who are to receive copies, including division staff.
List email addresses next to the names of persons who are to receive a copy via email. List mailing addresses next to the names of persons who are to receive a hard copy.