DRC-2024-006932

September 25, 2024
Jon Anderson
Environmental Compliance Manager
EnergySolutions, LLC
299 South Main, Suite 1700
Salt Lake City, UT 84111
RE:Compliance Advisory No. XXXXXXX
2024 Wastewater Evaporation Pond Compliance Evaluation Inspection, Groundwater Module 3 Inspection; Ground Water Quality Discharge Permit (Permit) UGW450005
Dear Mr. Anderson:
This Compliance Advisory 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. OnSeptember 5,2024 representatives of the Division conducted a compliance evaluation inspection at the Respondent’s
facility. The scope of the inspection was to verify compliance withRadioactive Material License UT2300249 (the License), Ground Water Quality Discharge Permit No. UGW450005(the Permit),Utah
Administrative Code R313 (the Rules),and the Utah Radiation Control Act (the Act) at the Clive site.
Based on observations and information obtained during the inspection, the Director of the Division (Director) is issuing this Compliance Advisory to provide the Respondent with notice
of the followingcompliance issues as well as an opportunity to correct these apparent compliance issues: UAC R3l3-15-406(2) states: "Licensees shall, to the extent practical, conduct
operations
to minimize the introduction ofresidual radioactivity into the site, including the
subsurface, in accordance with the existing radiation protection requirements in UAC
R313-15-101 and radiological criteria for license termination in UAC R3l3-15-1401
through UAC R3l3-15-1406."Ground Water Quality Discharge Permit No. UGW450005 Part 1.E.14.c states: “All contact water (storm water or operational) shall not leave therestricted area
within Section 32.”While conducting the 2024 Waste Water Evaporation Pond Compliance Evaluation Inspection on September 5, 2024, Division staff observed several erosional features on
the surrounding areaof the 2000 Evaporation Pond. Upon inspection, the erosional features observed indicated the movement of storm water and soilfrom inside the restricted area within
Section 32 through the fence line to an unrestricted area.Additionally, inspectors observed that the spillway of the 2000 pond, in the event of an overflow, is designed to discharge
through the fence to the same unrestricted area. As a result of these findings, Division staff made a subsequent visit to the Clive site to further investigate the management of potential
uncontrolled releases of material around the perimeter of the restricted area within Section 32.On September 20, 2024, inspectors identified additional areas where erosional features
within the restricted area of Section 32 appeared to indicate the movement of material through the fence line to unrestricted areas of the Site, including but not limited to: the southern
haul road adjacent to the Mixed Waste facilities and LARW embankment, and the northwest corner of the Northwest Corner Pond.
Requested Corrective Action: Please provide a plan to address the uncontrolled release of material from the restricted area within Section 32 to unrestricted areas of the Clive Site,
including the maintenance of the perimeter at the fence line.
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent compliance issues. The Director will also consider any evidence
and additional information provided by the Respondent.
Within 30 days of the date of this Compliance Advisory, please submit the following requested documentation regarding each compliance issue and associated corrective actions to the Director:
aroot cause analysis 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 the Respondent demonstrates that it has taken appropriate corrective actionsregarding the matters addressed in this Compliance Advisory, the Director will issue a closeout letter
and will consider this matter to be closed.However, if the Respondent fails to demonstrate appropriate corrective actions within the30-day timeframe, the Director will consider taking
escalated enforcement actions, including seeking financial penalties.
In all events, the matters addressed in this Compliance Advisory, including the Respondent’s corrective actions, will become part of the Respondent’s compliance record and may be considered
in connection with future enforcement matters.
If you have any questions, please contactBailey Anderson at 385-460-6130.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/BMA/[???]
Enclosure(s):
c:Jeff Coombs, Health Officer, Tooele County Health Department
Bryan Slade, Environmental Health Director, Tooele County Health Department
EnergySolutions General Correspondence Email
EnergySolutions Jon Anderson, [e-mail]
LLRW General Correspondence Email