NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs, Region I

 475 Allendale Road, King of Prussia, Pa. 19406

 www.nrc.gov

No. I-04-040 August 24, 2004

CONTACT: Diane Screnci, 610/337-5330 Email: opa1@nrc.gov

Neil Sheehan, 610/337-5331

NRC PROPOSES $7,500 FINE AGAINST N.J. FIRM

 FOR ALLEGED NUCLEAR GAUGE VIOLATIONS

 The Nuclear Regulatory Commission staff has proposed a $7,500 civil penalty against

a Cranford, N.J., company for two alleged violations of NRC requirements involving a failure to

maintain proper control of a nuclear gauge. The device, which contains radioactive material, is

used for industrial purposes such as measuring the density of soil at construction sites.

 NRC inspectors identified the violations during a review conducted from February 10

through 20 of this year at PMK Group, Inc., offices and a temporary work site in East Orange,

N.J., as well as during a subsequent investigation by the agency’s Office of Investigations (OI). 

On July 9, representatives of the company discussed the violations with NRC staff during a

predecisional enforcement conference held at the NRC’s Region I Office in King of Prussia, Pa.

 The NRC requires that nuclear gauges be secured against unauthorized removal or

access. On February 9, however, a nuclear gauge owned by PMK Group was not secured, nor

was control or constant surveillance provided, while at the temporary work site. More

specifically, the gauge’s user walked away from the device, leaving it unattended on the ground

for approximately 30 minutes. During the time the gauge was unattended, the gauge was crushed

by heavy equipment moving in the area and the radioactive material it held – approximately 11

millicuries of cesium-137 and 44 millicuries of americium-241 – was lost.

 Despite extensive searches, the material has not yet been recovered. Because the

material is contained in robust, tightly welded containers, a release of radioactive contamination

is not likely. Furthermore, the amount of material and resulting radiation levels are not large and

will not cause harm to an individual unless one of the radioactive sources is in direct contact with

the skin for an extended period of time.

 Based on the facts it has gathered, the NRC has concluded the violations were willful

because (1) the worker who left the gauge unattended stated he was responsible for doing so; and

(2) the worker had attended training pertaining to maintaining proper control of nuclear gauges.

The worker’s actions, in leaving the gauge unattended, contributed to damage to the device and

loss of the material.
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 “Given the individual’s admission to the OI investigator and level of education and

experience, the NRC concluded that the individual’s actions were taken with careless disregard

of the requirements,” NRC Region I Administrator Samuel J. Collins wrote in a letter to PMK

Group regarding the enforcement action. “Willful violations are a serious concern because the

NRC’s regulatory program relies, in part, on the honesty and integrity of licensees and their

employees. As such, willful violations cannot be tolerated.”

 The PMK Group has taken steps to prevent a recurrence. These include reprimanding

the worker responsible for the event and prohibiting the individual from gauge use for one year;

preparing new procedures for gauge users; providing training for all of its gauge users that

emphasize their responsibility for ensuring the security of licensed radioactive materials; and

implementing a quality assurance program that includes periodic audits of the company’s

radiation protection program and gauge users’ compliance with the requirements.

 The company is required to provide the NRC with a written reply to the charges within

30 days.

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