RE: ABCNEWS.com: Hundreds of Radioactive Devices Missing

["Gerald Nicholls" <GNICHOLL@dep.state.nj.us>]

I replied separately to Jack Earley on this but the questions he and some others have raised caused me to go back to the files and double check my dimming recollections.  



Firstly, EPA Region 2 was, at best, only peripherally involved.  In a report on the incident, 17 local, state and national agencies are listed, including EPA Region 2.  Of the 17 agencies, only EPA does not have a citation explaining what role they played in the incident.  



Secondly, Superfund was not involved since it was not a Superfund Site.  There was no On Scene Coordinator.  All checks that were written to cover costs were written against the NJ State Spill Fund.  No federal funding was involved.



Thirdly, I don't know why the federal agencies decided not to prosecute the 16 year old boy.  We didn't prosecute because, we didn't regard removal of debris from demolition rubble by a minor as a serious crime.  I guess you could argue that you might go after him as a Potential Responsible Party, but considering that he was a high school student with a part-time job at the time, it seems unlikely that collection efforts for $100,000 to $200,000 would have been successful.



Fourthly,  the NRC did locate three companies involved with the building.  Company A owned the building in 1987 and had the exit signs installed.  Company A sold the building to Company B in 1997 and then Company B sold the building to Company C.  Company C then demolished the building, also in 1997.  The NRC determined that Company A did not inform Company B of the existence of the signs.  NRC elected to use enforcement discretion wtih regard to Companies B and C but cited Company A  for failing to notify Company B of their existence.  NRC declined to issue a civil penalty to Company A, however, since the 5-year statute of limitations on issuance of civil penalties had expired.



One final note, the report written up of this incident by the Rad Materials supervisor who coordinated the on-site activities has the interesting title:

"How Many Agencies Does It Take To Respond To An Incident Involving A Generally Licensed Exit Sign?"



Gerald Nicholls



>>> <Jack_Earley@RL.GOV> 04/17/02 01:04PM >>>

Interesting--I received another response from someone who worked in EPA

Region 2 at the time:



<<I don't believe the kid was prosecuted, even though the Superfund On Scene

Coordinator argued with the NRC when the NRC brought up the issue of PRP

responsibility (potential responsible party).  The NRC wanted to go after

the last owner of the factory and the OSC felt the kid was as much of a PRP

as the factory.>>



Jack Earley

Radiological Engineer







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