STATE OF WASHINGTON
DEPARTMENT OF HEALTH
DIVISION OF RADIATION PROTECTION

May 14, 2001

Greg Broda
Waste Control Specialists
9998 West Highway 176
Andrews, Texas 79714


Permit #B431

Dear Mr. Broda:

This letter refers to a shipment of radioactive waste material sent to the commercial low-level radioactive waste disposal site operated by US Ecology, Incorporated, near Richland, Washington. The material, listed as Radioactive Material - low specific activity, n.o.s. and US D.O.T. Non Regulated Material on RSR #01029, was shipped on May 4, 2001, and was received on May 7, 2001. Inspections of your shipment 402259418 revealed the following violations of Washington Administrative Codes (WAC), US Ecology's Radioactive Materials License (WN-I019-2) and US Department of Transportation regulations (Title 49 CFR):

Container Number or Description: Shipment #02259418

Summary of Violations: WAC 246-249-030 and License Condition 44A require, in part, that a properly executed Form RHF-31 must accompany each shipment of radioactive waste to the disposal site. Contrary to this, the Form RHF-31 was not signed by the applicable parties.

Container Number or Description: All packages except drum #MW01201-325

Summary of Violations: WAC 246-249-060 and License Condition 25B require, in part, that each package of waste be clearly marked to identify whether it is Class A unstable, Class A stable, Class B, or Class C. Contrary to this, two of the three drums and both boxes were not marked with class and stability markings.

Container Number or Description: Drum #MW01201-325

Summary of Violations: 49 CFR 172.303(a) requires, in part, that no person offer for transportation a packaging marked incorrectly for its actual contents. Contrary to this, this drum was manifested as US D.O.T. Non Regulated Material, but was marked as "Radioactive- LSA."

Although the nature and quantity of violations found in this shipment do not, at this time, justify the withholding of authorization to use the Richland, Washington low-level radioactive waste disposal site, it is required that you respond in writing to: Gary Robertson, Head, Waste Management Section, Division of Radiation Protection, P.O. Box 47827, Olympia, Washington 98504-7827. In your response, please describe the action you have taken or plan to take to bring your activities into full compliance with all applicable state and federal regulations, and with conditions of the US Ecology license. If no response is received within 30 days, your site use permit may be suspended.

If you have any questions conceming this matter, please feel free to contact me at (509) 377-3869.

Sincerely,
[signed]
Earl W. Fordham
Radiation Health Physicist


EWF:krf

cc: US Ecology, Richland, WA
DOH Division of Radiation Protection, Richland, WA
Michele Sampson, U.S. DOT
Paul Curl, UTC
Richard A. Ratliff, TX