DRC-2013-002688 - 0901a0688039b461

State of Utah
GARY R HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
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"DRC-2013-002688"
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CERTIFIED MAIL
RETURN RECEIPT REQUIRED
Jo Ann Tischler
Director, Compliance
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600
Lakewood, Colorado 80228
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orPOB LAKEWOOD CO 80228
PS Form 3800, June 2002 See Reverse for Instructions
RE: Inspection conducted June
Number UT1900479
13, 2013; Notice of Violation: Radioactive Material License
Dear Ms. Tischler:
On June 13, 2013, an inspection was conducted at the White Mesa Uranium Mill by a representative
of the Division of Radiation Control (DRC) of the Utah Department of Environmental Quality. Results
of the inspection were discussed with management at the conclusion of the inspection.
The inspection was an examination of the activities conducted at your facility as they relate to
compliance with the Utah Radiation Control Rules and the conditions of your Radioactive Materials
License. The inspection consisted of selective examinations of procedures and representative records,
interviews of personnel, independent measurements, and observations by the inspector.
It was noted that not all of your activities were conducted in compliance with State requirements. A
Notice of Violation and Proposed Imposition of Civil Penalty is enclosed. The particular violations are
described in the enclosed Notice.
Please contact Phil Goble at 801-536-4044 if you have any questions.
Sincerely,
Rusty Lundberg, Director
cc: Ron Nieves, Radiation Safety Officer
RIVKJCkc
Enclosure
195 North 1950 West • Salt Lake City, UT
Mailing Address P O Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax (801) 533^097 -TDD. [phone]
www deq. Utah gov
Printed on 100% recycled paper
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
AND
PROPOSED IMPOSITION OF CIVIL PENALTY
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600 License Number UT1900479
Lakewood, Colorado 80228
STATUTORY AUTHORITY
This Notice of Violation and Proposed Imposition of Civil Penalty (NOV PICP) is issued by the
Director of the Utah Division of Radiation Control (Director) under the Utah Radiation Control
Act, as amended, Utah Code Ann. Sections 19-3-101 to 19-3-113 (the Act), including Utah Code
Ann. Sections 19-3-103.5, 19-3-108, and 19-3-109. This NOV PICP is also issued in accordance
with the Utah Administrative Procedures Act, Utah Code Ann. Sections 63G-4-101 through
63G-4-601 and Administrative Procedure Rules, Utah Admin. Code R305-7. The Director is
authorized to issue such NOV PICPs in accordance with Section 19-3-108 of the Utah Code.
VIOLATIONS
While conducting a routine inspection on June 13, 2013, an inspector with the Utah Division of
Radiation Control (DRC) identified noncompliance issues at the White Mesa Uranium Mill. A
representative of Energy Fuels accompanied the DRC inspector during the inspection. The DRC
has determined that violations of the Utah Radiation Control Rules have occurred. The Director
of the DRC proposes civil penalties. The proposed penalties are in accordance with R313-14 of
the Utah Radiation Control Rules. The particular violations and the associated proposed civil
penalties are set forth below:
Violation 1
The Mill's Security Program, Section 1.4, Reagent and Ore Carriers, states:
"Truck drivers hauling reagent and ore into the restricted area of the facility are to receive
documented site safety and radiation protection training prior to access to the site. Access is
limited by controlling and documenting gate access. Safety and radiation training consists of
appropriate training for the activity involved. "
Contrary to the above requirement, the DRC inspector found that an ore delivery driver inside of
the Mill's Restricted Area was present without the proper site safety and radiation protection
training. An identical violation was identified during a previous inspection on December 15,
2011 and a Severity Level IV Notice of Violation was issued on January 25, 2012.
The violation of the Mill's Security Program identified during the June 13, 2013 inspection has
been characterized as Severity Level IV. The base penalty for this Severity Level is $750. Level
IV Violations are of more than a minor concern; however, if left uncorrected, could lead to a
more serious concern. In this case, drivers have continued to be allowed access to the Restricted
Area without awareness of the potential radiological and safety hazards. Therefore, a civil
penalty of $750 is proposed.
Page 1 of 5
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
AND
PROPOSED IMPOSITION OF CIVIL PENALTY
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600 License Number UT1900479
Lakewood, Colorado 80228
Violation 2
10 CFR 20 Appendix B, Radionuclide Table lists the Effluent Concentration Limit, Annual
Limit of Intake and Derived Air Concentration for radionuclides. Each radionuclide listed
includes three (3) tables: Table 1, Occupational Values; Table 2, Effluent Concentrations (air and
water); and Table 3, Releases to Sewers.
Utah Rule R313-15-1003, Disposal by Release into Sanitary Sewerage states, in part:
"(1) A licensee or registrant may discharge licensed or registered material into sanitary
sewerage if each of the following conditions is satisfied:
(a) The material is readily soluble, or is readily dispersible biological material, in water;
and
(b) The quantity of licensed or registered radioactive material that the licensee or
registrant releases into the sewer in one month divided by the average monthly
volume of water released into the sewer by the licensee or registrant does not exceed
the concentration listed in Table III of Appendix B of 10 CFR 20.1001 to 20.2402,
(2010), which is incorporated by reference"
Utah Rule R313-15-501. Surveys and Monitoring - General states, in part:
"(1) Each licensee or registrant shall make, or cause to be made, surveys that:
(a) Are necessary for the licensee or registrant to comply with Rule R313-15; and
(b) Are necessary under the circumstances to evaluate:
(i) The magnitude and the extent of radiation levels; and
(ii) Concentrations or quantities of radioactive material; and
(iii) The potential radiological hazards. "
Page 2 of5
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
AND
PROPOSED IMPOSITION OF CIVIL PENALTY
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600 License Number UT1900479
Lakewood, Colorado 80228
Contrary to the above requirements, the DRC inspector found, based on a records review, that on
March 1, 2013, a contractor had entered the Mill's Restricted Area (RA) to pump out the Office
Building's Sewage Vault. Although the vault's contents are from the rest rooms located outside
of the RA, the vault itself resides inside of the RA. A review of the release form for this event
entitled the 'Radiation Survey of Equipment Released for Unrestricted Use' shows that the
contents that were removed from the vault and pumped into the contractor's truck were only
surveyed for dose rate. The release form contains a comment that reads, "Material was wet, did
not take an alpha reading." The inspector agrees that since the material was volumetric in
nature, (i.e., liquid, sludge and/or soil-like material), an alpha scan or swipe sample would not be
an appropriate survey method. However, this type of material would necessitate bulk sampling
and analysis to determine its isotopic concentrations.
The track was released with an external alpha survey and documented on the form entitled
'Daily Vehicle Scan for Vehicles Leaving the Restricted Area'. Although process knowledge
would assume that the material inside the truck was radiologically releasable, radioanalysis of
the material was not conducted to confirm this prior to it being released from the RA for
unrestricted use.
As a follow up, I asked a member of Energy Fuels' staff to contact the contractor to determine
where the material was taken. Via email from the Energy Fuels' staff member on June 19, 2013,
the DRC was informed that the material was taken, "directly to the sewer lagoons." This would
confirm that the material was released to sanitary sewerage which is defined by 10 CFR 20.1003
as, "a system of public sewers for carrying off waste water and refuse, but excluding sewage
treatment facilities, septic tanks, and leach fields owned or operated by the licensee."
The violations of Utah Rule R313-15-501, Utah Rule R313-15-1003 and 10 CFR 20 Appendix B
identified during the June 13, 2013 inspection have been characterized as Severity Level IV. The
base penalty for this Severity Level is $750. Level IV Violations are of more than a minor
concern; however, if left uncorrected, could lead to a more serious concern. In this case, the DRC
does not believe that radioactive material had been released for unrestricted use. However, the
Mill made no effort to verify that the material was suitable for release. If left uncorrected, similar
materials that contain significant radioactive concentrations may unknowingly be released to the
general public.
Page 3 of5
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
AND
PROPOSED IMPOSITION OF CIVIL PENALTY
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600 License Number UT1900479
Lakewood, Colorado 80228
A written response is required within 30 days after receipt of this Notice. The following
information is required: (1) The corrective actions which have been taken and the results
achieved; (2) the corrective steps which have been taken to prevent recurrence; and (3) the date
full compliance will be achieved.
Any response or written answer to this Notice of Violation should be addressed to Rusty
Lundberg, Director, Utah Division of Radiation Control, 195 North 1950 West, P.O. Box
144850, Salt Lake City, Utah 84114-4850.
NOTICE
Compliance with the provisions of this NOV-PICP is mandatory. Under UAC R313-14-15, the
Licensee's good faith efforts to comply with the NOV-PICP may impact the monetary penalty
that would apply in a settlement. Providing false information may subject the Licensee to further
civil penalties.
Utah Code Ann. Section 19-3-109 provides that a violation of the Act or related order may be
subject to a civil penalty of up to $5,000 per violation.
Any reply to this NOV-PICP should include, for each violation: (1) the corrective steps which
have been taken and the results achieved; (2) the corrective steps which have been taken to
prevent recurrence; and (3) the date full compliance will be achieved. A response protesting the
NOV-PICP shall include: (1) an admission or denial of the item of non-compliance; (2) a
demonstration of extenuating circumstances; (3) a showing of error in the NOV-PICP; or (4)
other reasons why the penalty should not be imposed.
CIVIL PENALTY
The licensee must pay the civil penalty or Respond to this Notice of Agency Action imposing the
civil penalties by filing a written answer. Utah Code Ann. Section 63G-4-201(2)(a)(vi). If the
licensee chooses to pay the civil penalty, payment shall be made within 30 calendar days of
the date of this NOV-PICP. Utah Administrative Code R313-14-15(2). An extension may be
given when extenuating circumstances are shown to exist. Payment shall be made by check,
payable to the Division of Radiation Control and mailed to the Division at the address below.
If the Licensee chooses not to pay the civil penalties, it must follow the procedures for
contesting the NOV-PICP described below.
Page 4 of 5
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
NOTICE OF VIOLATION
AND
PROPOSED IMPOSITION OF CIVIL PENALTY
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600
Lakewood, Colorado 80228
License Number UT1900479
CONTESTING THIS NOV-PICP
This Notice of Violation (NOV) is effective immediately. You may contest this NOV by
submitting a Request for Agency Action in writing as specified in Utah Administrative Code
R305-7-303. Filing a request for a hearing or a general statement of disagreement is not
sufficient under Utah Code Section 63G-4-201(3)(a) of the Utah Administrative Procedures Act
to preserve your right to challenge this NOV. A Request for Agency Action must include the
information specified in R305-7-303.
A Request for Agency Action must be received by the Executive Secretary within 30 calendar
days of the date of the NOV or the NOV shall become final. Failure to file a Request for Agency
Action within the period provided waives any right of administrative contest, reconsideration,
review, or judicial appeal. An extension is only available under R305-7-205.
Any response or written answer to this NOV-PICP should be addressed to Rusty Lundberg,
Division Director, Utah Division of Radiation Control, 195 North 1950 West, P.O. Box 144850,
Salt Lake City, Utah 84114-4850.
Upon failure to pay any civil penalty due which has been subsequently determined in accordance
with the applicable provisions of UCA 19-3-109 and R313-14, the matter may be referred to the
Attorney General, and the civil penalty may be collected by civil action pursuant to UCA
19-3-109(5).
Dated at Salt Lake City, Utah
This 2^ day of July, 2013
Utah Division of Radiation Control
Rusty Lundberg, Director
RIVKJCkc
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