1. 2007 Public Hearings: New Jersey Radiological Emergency Response Plan
2. Highlights of the Bureau of Radiological Health (Bureau) Achievements for Fiscal Year 2007 – Inspection Results
3. Collection of Past Due Registration Fees
4. Radioactive Materials Section (RMS) Radiation Incident Responses

1. 2007 Public Hearings: New Jersey Radiological Emergency Response Plan

Pursuant to the “Radiation Accident Response Act”, N.J.S.A. 26:2D-37 et seq., the Department, in cooperation with the Division of State Police, held public hearings to determine the adequacy and effectiveness of the New Jersey Radiological Emergency Response Plan. The hearings were held on the following dates:

• July 11, 2007     Ocean County Courthouse, Salem City
• July 18, 2007     Cumberland County Administration Building, Bridgeton
• July 24, 2007     Ocean County Administration Building, Toms River

The Bureau of Nuclear Engineering presented an informational session prior to each hearing. One individual spoke at the Salem County hearing, one individual spoke at the Cumberland County hearing, and eighteen individuals addressed the panel during the Ocean County hearing. As soon as the transcripts are received, they will be reviewed and summaries will be prepared for management’s information. Outstanding questions and commitments will be identified during the review and a response document prepared to address outstanding issues.

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2. Highlights of the Bureau of Radiological Health (Bureau) Achievements for Fiscal Year 2007 – Inspection Results

The Bureau exceeded its machine source section inspection goals for fiscal year 2007. The Bureau inspected 2,318 facilities and evaluated compliance of 6,996 x-ray machines. Work plan targets were 1,817 facilities and 5.443 machines. These inspections resulted in the issuance of 525 enforcement documents of which 19.4% contained penalty assessments totaling $99,200. There were 986 violations of radiation protection codes of which 352 (35.7%) were violations of quality assurance regulations. The majority of quality assurance regulation violations were for failure to conduct various quality control tests, 185 (53%) and failure to have an annual medical physicist’s survey performed, 63 (18%). The majority of violations in non-quality assurance categories were for equipment performance issues, 177 (28%), failure to pay registration fees, 169 (27%), and failure to perform or submit radiation safety surveys, 129 (20%).

The Bureau achieved its goal of inspecting 220 of the 240 federally certified New Jersey mammography facilities. The FY 2007 federal contract specified that Food and Drug Administration (FDA) would inspect the remaining 20 facilities due to shortfalls in their available funding. New Jersey mammography facility compliance rates improved from 79% to 80% from 2006 to 2007 and were higher than national averages reported by the FDA (80% vs. 75%).

The Bureau achieved or exceeded most of its goals within the Technologist Certification Section. The Section successfully completed its latest bi-annual license renewal process and for the first time was able to offer replacement invoice renewal applications via its website for those who did not receive or misplaced the mailed invoice. In addition, licensees and employers were able to track the progress of their renewal application through website real-time license status reports. These two features enhanced the efficiency of the license renewal process. License verification activities discovered 50 individuals working without a license or with an expired license. These individuals were assessed $5,500 in civil penalties. In FY 2007, the Section dedicated significant resources towards performing on-site compliance inspections of its limited radiologic technology programs. The Section set goals of inspecting ten limited radiography programs in FY 2007. The Bureau did not attain this goal for several reasons: section staff resources were reduced due to extended leave and the on-site inspections proved more involved and time consuming than originally planned. Four limited programs were inspected in FY 2007. One site was inspected twice due to ongoing serious non-compliance issues. Violations were discovered at all four facilities. One received Administrative Orders with one of these programs having their accreditation status reduced to provisional, the other program’s accreditation status will be considered at the Board’s October 2007 meeting. One program was issued several enforcement documents including a civil penalty for egregious violations of Board standards and regulations. This program’s accreditation was withdrawn by the Board at its July 2007 meeting. The Section has found that these inspections resulted in improved educational programs based on the corrective actions initiated. The Section will continue to place an emphasis on these on-site inspections as part of its FY 2008 work plan.

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3. Collection of Past Due Registration Fees

In FY 2007, the Bureau made significant progress in its efforts to collect past due registration fees. For the facilities that have habitually ignored invoice billing as well as second and delinquent notices, the Bureau designed the following strategy to collect past due fees: an initial phone call was made to ascertain why fees were not paid and to advise that enforcement was imminent if the invoice remained unpaid. For those that failed to respond to the telephone inquiries, an Administrative Order (AO) was issued advising of non-compliance with registration requirements per N.J.A.C. 7:28-3.12(g). For those that ignored the compliance date of the AO, additional enforcement included assessment of late fees and civil penalties. The Bureau can report that these efforts have resulted in the collection of $199,769 (91%) of the $220,040 past due fees identified. 47 facilities still owe a total of $20,271 in past due fees. The Bureau continues to issue enforcement actions in an effort to collect these outstanding fees.

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4. Radioactive Materials Section (RMS) Radiation Incident Responses

In the month of July, 2007 the RMS responded to three radiation incidents.

1. On July 16, 2007 the RMS was contacted by a private citizen to report that he was in possession of 12 vials of radium paint. He bought the material at an estate sale during the past weekend. He was directed to secure the material pending a response to his house. On July 17, 2007 staff responded to the citizen’s home to evaluate the material. Removable contamination was found on the vials and in the box in which they were stored. Due to concern that contamination may have been present at the site of the estate sale, staff joined the Bureau of Emergency Response in surveying the inside of that home on July 18. No contamination was found. The Bureau of Emergency Response and the US Environmental Protection Agency are arranging for the proper disposal of the material.



2. On July 23, 2007 the RMS was notified by the Pennsylvania Department of Environmental Protection (PADEP) that a load of municipal solid waste from Republic Inc. in Mount Laurel set off the radiation monitor at the Covanta facility in Chester, PA. Since the material was identified as I-131, the PADEP allowed the load to be diverted to Modern Landfill in York, PA for final disposal.



3. On July 28, 2007 the RMS was notified by fax from Trenton Dispatch that police had chased a suspect onto the grounds of Stephan Chemical Co. (formally Maywood Chemical Works) in Maywood, New Jersey. The site is contaminated with thorium and is being remediated through the Army Corps of Engineers. Discussion with the radiation safety officials for the site revealed that the activity present does not present any radiological concerns from the brief exposure anyone may have incurred while running through the property.

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