Escalated Enforcement Actions Issued to Materials Licensees - I

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This table includes a collection of significant enforcement actions (referred to as "escalated") that the NRC has issued to materials licensees.

The types of actions and their abbreviations are as follows:

• Notice of Violation for Severity Level I, II, or III violations (NOV)
• Notice of Violation and Proposed Imposition of Civil Penalty (NOVCP)
• Order Imposing Civil Penalty (CPORDER)
• Order Modifying, Suspending, or Revoking License (ORDER)

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Licensee Name and NRC Action Number	Action Type (Severity) & Civil Penalty (if any	Date	Description
IBS of America Corporation, VA EA-08-031	NOVCP (SL III) $3,250	06/06/2008	On June 6, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued to IBS of America Corporation for a Severity Level III violation of 10 CFR 30.34(c). Specifically, the licensee possessed byproduct material at a location not authorized by their license.
IBS of America Corporation, VA EA-03-079	NOVCP (SL III) $7,500	09/15/2003	On September 15, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $7,500 was issued for a Severity Level III problem involving: (1) the failure to verify, prior to transfer, that an individual was authorized to receive licensed material, and (2) the failure to control and maintain constant surveillance of licensed material (approximately 10 and 25 millicuries of americium-241 contained in two sealed sources) from unauthorized removal or access. Although the civil penalty would have been fully mitigated based on the normal civil penalty assessment process, a base civil penalty was assessed in accordance with Section VII.A.1.g of the Enforcement Policy to reflect the significance of maintaining control of licensed material.
I. González Martínez Oncologic Hospital PR EA-02-001; EA-02-002	NOVCP (SL III) $7,500	03/12/2002	On March 12, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $7,500 was issued for a Severity Level III problem involving multiple violations associated with the failure to secure licensed material (a radioactive implant containing approximately 97 millicuries of Cesium-137) for approximately 19 hours. A Notice of Violation was also issued for a Severity Level III violation for failure to notify the NRC of the missing material within the required time limit.
Idaho State University, ID EA-01-081	NOV (SL III)	04/05/2001	On April 5, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constance surveillance over licensed material (1.5 millicuries of Iodine 125) that was in a controlled area.
Imaging Subsurface, Inc. EA-04-092	NOVCP (SL III) $3,000	08/17/2004	On August 17, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material (approximately 8 millicuries of cesium-137 and 40 millicuries of americium-241 in a gauge) in a controlled area and failure to control and maintain constant surveillance of this licensed material.
Imaging Subsurface, Inc. EA-03-223	NOV (SL III)	02/06/2004	On February 6, 2004, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material (nominally 8.0 millicuries of cesium-137 and 40 millicuries of americium-241:beryllium in two moisture density gauges) in unrestricted areas at the licensee’s facility, and failure to control and maintain constant surveillance of this licensed material.
Indiana Department of Transportation, IN EA-07-253	NOVCP (SL III) $ 3,250	12/12/2007	On December 12, 2007, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued for a Severity Level III problem. The licensee twice failed to use a minimum of two independent controls that form tangible barriers to secure portable gauges from unauthorized removal during a period when the portable gauges were not under the control and constant surveillance of the licensee, resulting in a violation of 10 CFR 30.34(i). Specifically, a gauge was stolen from a temporary job site when the gauge operator walked away from the gauge while the gauge was on the ground behind the back of a pick-up truck. On another occasion the gauge was secured to the truck bed with only one physical control while not under the constant surveillance of an authorized user.
Indiana Department of Transportation, IN EA-96-248	NOVCP (SL III) $ 2,500	10/24/1996	Deliberate violations for allowing an individual to perform licensed activities.
Indiana University Medical Center/IUPUI, IN EA-06-095	NOV (SL III)	07/10/2006	On July 10, 2006, a Notice of Violation was issued for a Severity Level III violation involving the licensee’s failure to develop, implement, and maintain written procedures to provide high confidence that each administration of NRC-licensed material is in accordance with the written directive of an authorized user physician, as required by 10 CFR 35.41, "Procedures for Administrations Requiring a Written Directive."
Indianapolis, City of, IN EA-97-166	NOVCP (SL III) $ 2,750	05/30/1997	Breakdown in control of licensed activities.
Industrial Marine, Inc., CA EA-96-065	NOVCP (SL III) $ 1,500	06/06/1996	Deliberate failure to file Form 241.
	CPORDER $ 1,500	07/31/1996
Innovative Weaponry, Inc., NM EA-96-135; EA-96-170	NOVCP (SL III) & ORDER $ 7,500	05/15/1996	Violations of license conditions; selling sources in unauthorized configurations and distributing tritium from unauthorized source
	CPORDER $ 2,500	04/10/1997
Inspection Testing, LLC CA EA-02-029	NOV (SL III)	04/16/2002	On April 16, 2002, a Notice of Violation was issued for a Severity Level III violation involving the performance of radiographic operations at a temporary jobsite by a radiographer without being accompanied by at least one other qualified radiographer or radiographer's assistant.
InstroTek, Inc., NC EA-11-242	NOV (SL III)	03/30/2012	On March 30, 2012, the NRC issued a Notice of Violation to InstroTek/CPN International (CPN) for a Severity Level III problem. The violations involved licensee’s failure to: 1) obtain a specific license to export byproduct materials to embargoed destinations as required by 10 CFR110.5; and 2) submit annual reports of americium exports as required by 10 CFR110.23(b) (currently 110.54(b)). Specifically, on November 20, 2008, and May 5, 2010, CPN exported americium-241 and cesium-137 byproduct materials subject to NRC licensing jurisdiction, to embargoed destinations (Iraq and Sudan), without a specific license as required. Also between 2000 and 2009, CPN exported americium and failed to file the required annual reports.
Integrated Production Services, Inc., LA EA-04-124	NOVCP (SL III) $3,000	10/12/2004	On October 12, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III violation involving the use of byproduct material in offshore waters without either (1) following the reciprocity provisions of 10 CFR 150.20, which would have granted IPS an NRC general license to conduct activities permitted by its State of Louisiana license, or (2) obtaining a specific NRC license authorizing it to conduct licensed activities in offshore waters.
Intergrated Industrial Systems, Inc., CT EA-97-393	NOV (SL III)	11/07/1997	Programmatic breakdown, distributed gauges not complying with registration; not implementing QA program fully.
International Cyclotron, Inc., PR EA-11-086	NOVCP (SL III) $7,000	12/19/2011	On December 19, 2011, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7000, and an Order suspending licensed activities within 60 days, to International Cyclotron, Inc. (ICI), for a Severity Level III violation of 10 CFR 30.35.  The violation involved ICI’s failure to provide a decommissioning funding plan.  Specifically, on August 20, 2009, ICI was issued an NRC license authorizing the possession and use of unsealed byproduct material of applicable quantities set forth in Appendix B to 10 CFR Part 30 and ICI has not provided a decommissioning funding plan that contains a signed original of the financial instrument obtained to provide financial assurance for decommissioning, as required by 10 CFR 30.35.  Further, based on ICI’s failure to fully and timely respond to repeat NRC requests for information, and to compel ICI to comply with NRC regulations, the NRC issued an Order Suspending Licensed Activities (Order).  According to this Order, if ICI does not submit to the NRC an acceptable financial assurance instrument within 60 days of the date of the Order, ICI is required to suspend all activities authorized under its License.  This Order will remain in effect until ICI submits a financial assurance instrument and the NRC informs ICI that the instrument is accepted.
International Radiography Inspection Services, Inc., OK EA-98-565 EA-99-090	NOVCP (SL II) $17,600	05/04/1999	Violations include failing to limit an occupational exposure to NRC limits, failing to have a radiation survey instrument and to conduct radiation surveys at a job site where radiography was being conducted, failing to utilize personnel radiation monitoring equipment, failing to stop radiography and contact the radiation safety officer when the incident occurred, and failing to complete and maintain required records.
International Testing & Inspection Services, Inc., LA EA-00-211	NOV (SL III)	09/23/2000	A Notice of Violation for a Severity Level III violation was issued on September 22, 2000. The action was based on the company's failure to apply for an obtain reciprocity from the NRC prior to conducting licensing activities in an area of exclusive Federal jurisdiction within an Agreement Statement.
Isomedix, Inc., PR EA-97-173	NOV (SL III)	05/20/1997	Operation of irradiator without operator present.