[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Notices]
[Page 42145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20547]
[[Page 42145]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-8724, License No. SUB-1357 EA 93-271]
In the Matter of Chemetron Corporation, Delray, Florida; Order
Imposing Civil Monetary Penalty
I
Chemetron Corporation (Licensee) is the holder of License No. SUB-
1357 issued by the Nuclear Regulatory Commission (NRC or Commission) on
June 12, 1979. The license authorizes the Licensee to possess depleted
uranium-contaminated wastes at its facility located at 2910 Harvard
Avenue in Cuyahoga Heights, Ohio, and at the McGean-Rohco property
located between 28th and 29th Streets at Bert Avenue, Newburgh Heights,
Ohio, in accordance with the conditions specified therein.
II
A review of the remediation plan submitted by the Licensee on
October 1, 1993, revealed that the Licensee had not conducted its
activities in full compliance with NRC requirements. A written Notice
of Violation and Proposed Imposition of Civil Penalty (notice) was
served upon the Licensee by letter dated May 11, 1994. The Notice
states the nature of the violation, the provisions of the NRC's
requirements that the Licensee had violated, and the amount of the
civil penalty proposed for the violation.
The Licensee responded to the notice in letters dated June 9 and
September 9, 1994. In its responses, the Licensee restated the events
concerning the violation, including the fact that three sections of the
remediation plan were not submitted by the required date, asserted
errors in the Notice, and set out what it considered extenuating
circumstances.
III
After consideration of the Licensee's response and the statements
of fact, explanation, and argument for mitigation contained therein,
the NRC staff has determined, as set forth in the Appendix to this
Order, that the violation occurred as stated and that the penalty
proposed for the violation designated in the Notice should be imposed.
IV
In view of the foregoing and pursuant to Section 234 of the Atomic
Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205,
it is hereby orderd that:
The Licensee pay a civil penalty in the amount of $10,000 within
30 days of the date of this Order, by check, draft, money order, or
electronic transfer, payable to the Treasurer of the United States
and mailed to James Lieberman, Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852-2738.
V
The Licensee may request a hearing within 30 days of the date of
this Order. Where good cause is shown, consideration will be given to
extending the time to request a hearing. A request for extension of
time must be made in writing to the Director, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and include
a statement of good cause for the extension. A request for a hearing
should be clearly marked as a ``Request for an Enforcement Hearing''
and shall be addressed to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy to
the Commission's Document Control Desk, Washington, D.C. 20555. Copies
also shall be sent to the Assistant General Counsel for Hearings and
Enforcement at the same address and to the Regional Administrator, NRC
Region III, 801 Warrenville Rd., Lisle, Illinois 60532-4351.
If a hearing is requested, the Commission will issue an Order
designating the time and place of the hearing. If the Licensee fails to
request a hearing within 30 days of the date of this Order (or if
written approval of an extension of time in which to request a hearing
has not been granted), the provisions of this Order shall be effective
without further proceedings. If payment has not been made by that time,
the matter may be referred to the Attorney General for collection.
In the event the Licensee requests a hearing as provided above, the
issues to be considered at such hearing shall be:
(a) Whether the Licensee was in violation of the Commission's
requirements as set forth in the Notice referenced in Section II above,
and
(b) Whether, on the basis of such violation, this Order should be
sustained.
Dated at Rockville, Maryland this 28th day of July 1997.
For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 97-20547 Filed 8-4-97; 8:45 am]
BILLING CODE 7590-01-P
