DRC-2012-002648 - 0901a0688034593e

State of Utah
GARYR HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADL\TION CONTROL
Rusty Lundberg
Director
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U.S. Postal Service TM
CERTIFIED MAIL. RECEIPT
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December 17,2012 • ^ ^/i 7/12 Module PEM-01 - NOV / KG
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JO ANN TISCHLER
ENERGY FUELS RESOURCES (USA) INC
225 UNION BLVD , STE 600
LAKEWOOKCO 80228
PS Form 3«00. August 2006
CERTIFIED MAIL
RETURN RECEIPT REQUIRED
Jo Ann Tischler
Director, Compliance
Energy Fuels Resources (USA) Inc
225 Union Blvd Suite 600
Lakewood, Colorado 80228
RE DRC Inspection Module PEM-01, November 15 through 16, 2012, Notice of Violation,
RML UT1900479, White Mesa Mill _ ^ >^ .. ^
DearMs Techier. D R C " 2 0 1 2 " 0 U 2 6 4 8
On November 15 through 16, 2012, Inspection Module PEM-01 was conducted at your facility by
a representative of the Division of Radiation Control (DRC) of the Utah Department of
Environmental Quality Results of the inspection were discussed with Mill Management at the
conclusion of the inspection
The inspection was an examination of activities conducted at your facility as they relate to
compliance with the Utah Radiation Control Rules and the conditions of your Radioactive
Matenals License The inspection consisted of selective examinations of procedures and
representative records, interviews of personnel, independent measurements, and observations by
the inspector The inspection focused on the Mill's Radiation Protection Program as it relates to
Exit Surveys, Routine Surveys and Radiological Postings
It was noted that not all of your activities were conducted m compliance with State requirements
A Notice of Violation is enclosed. The particular violation is descnbed in the enclosed Notice
Please continue to remember that radiation safety is the responsibility of the licensee
Sincerely,
See Reverse for Instructions
Rusty Lundberg, Director
RITKJCkc
Enclosure
cc Ronnie Nieves, Mill RSO
195 North 1950 West • Salt Lake City, UT
Mailing Address P O Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] -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 (hereinafter the 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. The DIRECTOR is authonzed to issue such NOVs m
accordance with § 19-3-108 of the Utah Code
Dunng an inspection conducted by a representative of the Utah Division of Radiation Control
(DRC), on November 15 through 16, 2012, a violation of the White Mesa Mill Radiation
Protection Manual was identified The current procedures for radiation protection at the Mill are
those set forth in the February 28, 2007 License Renewal Application.
Violations are pnontized according to Seventy Levels, with Seventy Level V being the least
significant The particular violation of the White Mesa Mill Radiation Protection Program is set
forth below
VIOLATIONS
Utah Administrative Code R313-15-901, Caution Signs, states
(1) Standard Radiation Symbol. Unless othenvise authonzed by the Executive
Secretary, the symbol prescribed by lo CFR 20.1901, (2010), which is incorporated
by reference, shall use the colors magenta, or purple, or black on yellow
background. The symbol prescribed is the three-bladed design as follows:
(a) Cross-hatched area is to be magenta, or purple, or black, and
(b) The background is to be yellow.
(2) Exception to Color Requirements for Standard Radiation Symbol.
Notivithstandmg the requirements of 10 CFR 20.1901(a), (2010), which is
incorporated by reference, licensees or registrants are authorized to label sources,
source holders, or device components containing sources of radiation that are
subjected to high temperatures, with conspicuously etched or stamped radiation
caution symbols and without a color requirement.
(3) Additional Infonnation on Signs and Labels. In addition to the contents of
signs and labels prescribed in Rule R313-15, the licensee or registrant shall provide,
on or near the required signs and labels, additional information, as appropriate, to
make individuals aware of potential radiation exposures and to minimize the
exposures.
Page 1 of 4
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
Utah Administrative Code R313-15-902, Posting Requirements, states
(1) Posting of Radiation Areas. The licensee or registrant shall post each
radiation area with a conspicuous sign or signs bearing the radiation symbol and
the words "CAUTION, RADIATION AREA."
(2) Posting of High Radiation Areas. The licensee or registrant shall post each
high radiation area with a conspicuous sign or signs bearing the radiation symbol
and the words "CAUTION, HIGH RADIATION AREA" or "DANGER, HIGH
RADIATION AREA."
(3) Posting of Very High Radiation Areas. The licensee or registrant shall post
each very high radiation area with a conspicuous sign or signs bearing the
radiation symbol and words "GRAVE DANGER, VERY HIGH RADIATION AREA."
(4) Posting of Airborne Radioactivity Areas. The licensee or registrant shall post
each airborne radioactivity area with a conspicuous sign or signs bearing the
radiation symbol and the words "CAUTION, AIRBORNE RADIOACTIVITY AREA"
or "DANGER, AIRBORNE RADIOACTIVITY AREA."
(5) Posting of Areas or Rooms in which Licensed or Registered Material is Used
or Stored. The licensee or registrant shall post each area or room in which there is
used or stored an amount of licensed or registered material exceeding ten times the
quantity of such material specified in Appendix C of 10 CFR 20.1001 to 20.2402,
(2010), which is incorporated by reference, with a conspicuous sign or signs
bearing the radiation symbol and the words "CAUTION, RADIOACTIVE
MATERIAL" or "DANGER, RADIOACTIVE MATERIAL."
Dunng the inspection, it was found that the approach to the SAG Mill area of the facility from
the lower level was improperly posted The nonconforming sign was a general safety sign that
did not meet the requirements of R313-15-901 and 902 The sign was not of the proper color
scheme, did not include the three bladed Standard Radiation Symbol and did not include the
words, "Caution (or Danger) Airbome Radioactivity Area " The sign was located well to the left
of a wide walkway (which is approximately 10 to 15 feet wide) and suspended from piping
approximately 8 to 10 feet above the floor level. The opinion of the inspector is that this sign was
not conspicuously posted as per R313-15-902(4)
This violation has been charactenzed as a Seventy Level IV The base penalty for this Seventy
Level IS $750 Level IV Violations are of more than minor concem, however, if left unconected,
they could lead to a more senous concem. In this case, an inappropnately posted Airbome
Radioactivity Area could lead to a significant uptake to a worker Therefore, a civil penalty of
$750 is proposed
Page 2 of 4
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
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 m 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
A wntten response is required withm 30 calendar days after receipt of this Notice Any reply to
this NOV-PICP should include, for each violation. (1) the corrective steps which have been
taken and the results achieved, (2)Hhe 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 adnussion 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
Any response or wntten 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.
CIVIL PENALTY
The licensee must pay the civil penalty or Respond to this Notice of Agency Action imposing the
civil penalties by filing a wntten 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) and R305-6-106(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 3 of 4
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
CONTESTING THIS NOV-PICP
This NOV-PICP is effective immediately You may contest this NOV-PICP by submitting a
Request for Agency Action m wnting as specified in Utah Administrative Code R305-6-202
Filing a request for a heanng or a general statement of disagreement is not sufficient under Utah
Code Section 63G-4-201(3)(a) of the Utah Adnuni strati ve Procedures Act to preserve your nght
to challenge this NOV-PICP A Request for Agency Action must include the information
specified in R305-6-202
A Request for Agency Action must be received by the DIRECTOR within 30 calendar days of
the date of the NOV-PICP or the NOV-PICP shall become final Failure to file a Request for
Agency Action within the penod provided waives any nght of administrative contest,
reconsideration, review, or judicial appeal An extension is only available under R305-6-110
Any response or wntten 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 m accordance
with the appllcable 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 1^"^ day of December, 2012
Utah Division of Radiation Control
Rusty Lundberg, Director
RL/KJCkc
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