DRC-2024-006884

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111
[phone] ▪ Fax: [phone] ▪ www.energysolutions.com

September 18, 2024 CD-2024-193

Mr. Doug Hansen, Director
Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, UT 84114-4880

Re: Groundwater Quality Discharge Permit Number UGW450005 (GWQDP) / RCRA
Contingency – RFI Response: 1995/1997 Evaporation Pond Lift Station Backflow
Valve Failure

Dear Mr. Hansen:

On March 7, 2024, the Division of Waste Management and Radiation Control (DMWRC)
requested additional information regarding the spill at the 1995/1997 Lift Station that
occurred on February 2, 2024. Below are the responses to DWMRC’s request.

 EnergySolutions did not submit a 24-hour notification of the BAT Failure as
required by the Permit Part I.G.4.(b). Notification is required for BAT Failures
regardless of any additional notifications that may be triggered. The BAT
notification can be combined with the notification required by the state-issued
Part B Permit. If combined, make sure that the RE: line is detailed enough so
that the appropriate Division staff receive the notice.

EnergySolutions provided a single notification (CD-2024-018) within 24 hours of the
incident for the single event that satisfied multiple permit/license requirements to
DWMRC on February 2, 2024. In the future, EnergySolutions will either include the
requested details in combined notifications or submit separate notifications.

 CD-2024-024 states that the reason for the failure was, “Due to heavy rainfall
that day…” How did EnergySolutions determine that the cause for the failure
was excessive precipitation and how much precipitation occurred leading up to
the BAT Failure?

The Clive Facility recorded 0.37 inches of precipitation over the 24-hour period
starting the morning of February 2, 2024. Initially, this rainfall event was cited as the
cause for the spill (CD-2024-018). However, further investigation into potential Best
Available Technology (BAT) non-compliance revealed that wastewater had become
trapped in the backflow valve and froze when temperatures dropped below freezing.
As the ice expanded, it cracked the backflow valve. When temperatures rose and the
ice melted, the water sprayed out when the lift station pump activated.

Mr. Doug Hansen
September 18, 2024
CD-2024-193

Page 2 of 4

 Please provide Condition Report #CR-2024-0068 and provide details, where
applicable, as to how the tracking of actions will prevent recurrence .

Condition Report CR-2024-0068 is attached as Exhibit A and reports that the failed
check valve was replaced.

 The failure of the backflow valve did not trigger the alarm system designed to
alert EnergySolutions’ staff of a BAT Failure at the Lift Station. To ensure that
potential future BAT Failures will be collected in the sump and not discharged
to the ground surface, please update the design of the Lift Station and submit the
plans for review.

On the same day as the spill, the Lift Station design was revised to prevent trapped
water from freezing and causing damage to the backflow valve again. This
modification does not alter the lift station’s function of transferring wastewater from
the IUF Lift Station and the Containerized Waste Storage Pad to either the 1995
Evaporation Pond or the 1997 Evaporation Pond. The updated design allows water to
flow freely back into the sump once the pumps are turned off. Additionally, the
backflow valves have been repositioned over the center of the sump to ensure that any
future valve failures would result in water collecting in the sump below. Attached as
Exhibit B is the As-Built drawing for the 1995/1997 Evaporation Pond Lift Station
for the Director’s review.

 Where was the contact-water sample collected? If collected out of the vacuum
truck, was the truck empty prior to collection of the spill and subsequent sample
collection?

The sample was collected from the standing water on the ground at the closest
accessible location to the spill source. It was not collected from the vacuum truck, as
this would cross-contaminate the sample material rendering it of no value.

Mr. Doug Hansen
September 18, 2024
CD-2024-193

Page 3 of 4

 In letter CD-2024-024, EnergySolutions states that “Results from the onsite
gamma spectroscopic analysis of the solids detected minimal activity similar to
those expected in the Contaminated Restricted Area at Clive.” Please expand
and substantiate this claim to include:
1. a narrative that supports the statement written by qualified technical
staff, as per Condition 31 of the Radioactive Materials License UT
2300249 (License).

The license condition referenced here does not support the Division's position that a
written statement be supplied by "qualified technical staff". It simply identifies the
Radiation Safety Officer as the individual having a direct or supervisory role for
operations involving radioactive material. It states "Radiation Safety operations for
bulk, containerized and mixed waste, portable gauging device(s), radioactive
source(s) and dosimeter calibrator(s)/irradiator(s) shall be conducted by or under the
supervision of Thomas A. Brown, RSO."

2. the rules or guidance used to make the determination of expected
contamination in the Contaminated Restricted Area at Clive.

Regarding the referenced statement, the analysis results identified isotopes
commonly found in the waste that Clive receives. The concentration values for these
isotopes were low and at a level consistent with what we would expect to see in a
posted Contamination Area. CL-RS-PR-150, Posting Requirements for Radiological
Hazards, section 3.1.5 defines a Contamination Area as " An area accessible to
individuals in which the removable loose surface beta-gamma contamination levels
exist in excess of 1000 dpm/100cm2 or loose surface alpha contamination exist in
excess of 100 dpm/100cm2."

 In Part I.E.19 Management of Evaporation Ponds Waste Material of the Permit,
the Permittee is required to dispose of all Waste Material generated during the
operation of evaporation ponds. Waste Material includes soil contaminated from
spills or releases. How does EnergySolutions intend to address the contaminated
soil?

As mentioned in the previous response, the isotopic concentration values from the
gamma spectroscopic analysis were consistent with what we would expect to see in a
posted Contamination Area and did not indicate any increase in contamination from
the spilled liquid. Per Clive’s surety-funded D&D Plan for disposal of (from
DWMRC’s March 2024 RFI) “… all Waste Material generated during the operation
of evaporation ponds. Waste Material includes soil contaminated from spills or

Mr. Doug Hansen
September 18, 2024
CD-2024-193

Page 4 of 4

releases.” Cost Section 202 of the LLRW surety requires EnergySolutions to fund
closure activities which include “… removal of power poles; miscellaneous debris
and containers; and the excavation of any contaminated soil areas and roadways not
previously covered, such as the access roads around the embankments. All items
within this item will be disposed in the LLRW Embankment.”

Please contact me at [phone] with any questions regarding this notification.

Sincerely,

Jon Anderson
Environmental Compliance Manager

cc: Charles Bishop (DWMRC)
Bailey Anderson (DWMRC)

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations.
Jonathan C.
Anderson
Digitally signed by
Jonathan C. Anderson
Date: 2024.09.18
09:18:31 -06'00'
Exhibit A
Condition Report
CR-20204-0068

Pond Lift Station Contingency
Source: Routine
Owning Organization: Waste Management Project/Site: Clive Functional Area: Operations
Description:
The pond lift station between the 97 and 95 ponds overfilled allowing ~1000 gallons of potentially contaminated water to spill out to the
surrounding area.
Originator: Brennon L Dick Date Identified: 2/8/2024 Initiated On: 2/8/2024
Originators Questions Answer Notes
Were there any immediate actions taken?Yes The spilled material was sampled and spill was cleaned up.
Is there anyone else that might be able to provide
additional information?No N/A
Externally Identified?No N/A
Initiate Completed By: Dick, Brennon on 02/08/2024
Screening Question Answer Notes Person Notified Date Notified
Is information in CR adequate?Yes N/A N/A
Does Issue meet criteria for CR?Yes N/A N/A
Are any Interim Actions needed?No N/A N/A
10 CFR 21 Potentially Reportable?No N/A N/A
10 CFR 71 or 10 CFR 72 Potentially
Reportable?No N/A N/A
PAAA Applicable? (DOE only)No N/A N/A
Require Causal Analysis No N/A N/A
Require an Action Plan Yes N/A N/A
Require Extent of Condition Review No N/A N/A
Completion Due Date: 7/7/2024
Significance Level: SL 3
Designation: CAQ
Responsible Manager: Brennon L Dick
Screen Completed By: Kirk, Curtis on 02/09/2024
Causes
Cause Code: A2B6C01 – Defective or failed part
Cause Type: Apparent
Description:
Broken check valve allowed water to exit the lift station.
Action Plan
CRA01-2024-0169 Due Date: 2/29/2024
Date Closed: 2/19/2024
Detailed Evaluation Completed By: Dick, Brennon on 02/19/2024
Ops Review Task Skipped
Evaluator: Brennon L Dick
RM Review Completed By: Dick, Brennon on 02/12/2024
CR-2024-0068
Title: Corrective Action
Description:
Remediate spill and complete Contingency Notification Report.
Action Type: Corrective Action
Owning Organization: Waste
Management Project/Site: Clive Functional Area: Operations
Action Owner: Brennon L Dick
Action Taken:
The spill was sampled, remediated, and the failed check valve was replaced. Contingency Notification Report is attached.
RM Concurrence Completed By: Dick, Brennon on 02/19/2024
QA Review Task Skipped
CARB Approval Task Skipped
RM Completion Review Completed By: Dick, Brennon on 02/19/2024
QA Completion Review Task Skipped
Final Closure Review Completed By: Dick, Brennon on 02/19/2024
CR-2024-0068
Exhibit B
As-Built Drawing
1995/1997 Evaporation
Pond Lift Station
