DRC-2024-007062

October 9, 2024
Vern C. Rogers, Director of Regulatory Affairs
EnergySolutions, LLC
299 South Main Street, Suite 1700
Salt Lake City, UT 84111
RE:Compliance Advisory No. XXXXXXXCompliance Evaluation InspectionRadioactive Material License Number UT 2300249
Dear Rogers:
This Compliance Advisory is being sent to your attention as a representative ofEnergySolutions 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 12, 2024, representatives of the Division conducted a compliance evaluation inspection at the
Respondent’s facility. The scope of the inspection was to verify compliance with UT2300249(the License),Utah Administrative Code R313 (the Rules),and the Utah Radiation Control Act
(the Act).
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: Radioactive Material License Number UT 2300249 - requires “9 C. The Licensee
shall comply with all license conditions and shall meet all compliance schedules stipulated in the Ground Water Quality Discharge Permit, number UGW 450005 (hereafter GWQ Permit), issued
by the Director.” GWQ Permit Condition 10requires- “LLRW and 1le.(2) Waste Management Performance Requirements The Permittee shall operate and maintain all facilities in compliance with
the following performance requirements: a) Contaminant Containment and Spill Prevention - the Permittee shall manage all site operations to: 1) Prevent contact of wastes with the ground
surface. 2) Prevent spills of wastes or liquids contained therein from any contact with the ground surface or ground water. 3) Prevent contact of surface water or stormwater run-on with
the waste. 4) Control any runoff, which may have contacted the waste from subsequent contact with the ground surface or ground water by means of approved engineering containment. Any
accumulations of section 26 Part I.E Permit No. UGW450005 contact runoff, or leachates shall be removed and managed in accordance with Part I.E.7 of this Permit. 5) Prevent wind dispersal
of wastes…”Contrary to GWQ Permit Condition 10 contamination and waste was found by Division staff on unapproved waste management area and later verified by an RFI (DRC-2023-001143)
dated February 16, 2023 and soil sampling confirmedcontamination by EnergySolutions Response (DRC-2023-001783) in an area call the “The Boneyard”. The boneyard is located in the east
side drainage area and used to storage equipment that was used in waste placement and embankment construction.The boneyard is not approved in the GWQ Permit and is a unlined and none
approved facility for waste management.Waste falling off and tires and body of construction equipment and coming in contact with the ground surface and water runoff in this Boneyard
area is not approved per GWQ Permit Condition 10 stated above. The depth and scope of soil the contamination is unknown. The depth and scope of groundwater contamination is unknown.
Corrective action forcontaminatedequipment is to moved the contaminated equipment and waste to an approved engineered facility that meets all the requirements of GWQ permit Condition
10. Next, add this new engineered facility to the GWQ permit as a approved area for waste management. This newly approved facility submittal needs to consider moving equipment to and
from the new approved waste handling area without contamination of haul roads or other none lined areas.
Requested Corrective Action: Pleasesubmit as soon as possible plans to move contaminated equipment to an approved waste handling facility. Add this new approved area to the GWQ permit
as an approved area for waste management. In addition, since the soil contamination and groundwater contamination for this boneyard area is currently unknown, please submit plans to
clean up and remediate the boneyard area as soon as possible.
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:
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 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 contact David Esser at385-622-1877.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/DKE
Enclosure:
c:Jeff Coombs, EHS, Health Officer, Tooele County Health Department
Bryan Slade, Environmental Health Director, Tooele County Health Department
EnergySolutions General Correspondence
EmailLLRW General Correspondence Email