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Hazardous Materials and Waste Management Division
Radiation Program

Escalated Enforcement Actions

Enforcement Response Policy - Radiation  (10 pg  May 2011)
Penalty Policy - Radiation  (31 pg  May 2011)
Policy on Settling Penalties Against Counties and Municipalities (4 pg May 2008)
Supplemental Environmental Project Policy (18 pg  May 2008) 

The goal of the Radiation Program is to ensure a high rate of compliance with the requirements of the Radiation Control Act, at section 25-11-101, C.R.S. through 25-11-305, C.R.S., ("the Act") and the State of Colorado Rules and Regulations Pertaining to Radiation Control ("the Regulations"), at 6 CCR 1007-1.  Establishing a comprehensive monitoring and inspection program, and addressing the most serious violators with timely, visible, and effective enforcement actions help accomplish this goal.

A timely, visible and effective enforcement action will return the facility to compliance as expeditiously as possible, as well as deter future non-compliance (violation), both at the subject facility as well as at other facilities.  In addition, the program has the ability to impose escalated enforcement when it is deemed that the licensee has repeated violations, or has had a significant breakdown in operations or management that could affect compliance or overall health and safety.  Escalated enforcement will generally be conducted through additional non-routine inspections, and the issuance of a Unilateral Compliance Order.  The order or action may also result in prescribed corrective actions, the institution of a civil action, monetary penalties, or license or registration revocation.

2011 Escalated Enforcement Associated with Radioactive Materials Licensing
September Nuclear Cardiology Systems, Inc. d/b/a NC Systems, and Charles Rose; Compliance Order 11-09-14-01 (5 Violations, Notification of Penalty Assessment, $389,010)
July LaFarge North America, Compliance Order 11-07-01-01 (1 Repeated Violation, Notification of Final Penalty Assessment, $3,200)
April Acuren Inspections, Inc., Compliance Order 11-04-18-01 (5 Violations, Notification of Final Penalty Assessment, $14,406)
2011 Escalated Enforcement Associated with X-Ray Machine Certification
February Creekside Cancer Care Settlement Agreement (7 alleged violations)

2010 Escalated Enforcement Associated with Radioactive Materials Licensing
July Redhill Forest Property Owners Mutual Water and Cattle Association, Compliance Order 10-7-12-01 (2 Violations)

TechCorr USA, Compliance Order 10-7-20-01, Violation of Compliance Order 10-4-21-01. Notification of Final Penalty Assessment $2500.
April Tech Corr USA, Compliance Order 10-4-21-01 (6 Violations)

Brannan Sand and Gravel, Compliance Order 10-04-28-01 (3 Repeated Violations) Notification of Final Penalty Assessment $1875.
March LaFarge North America, Compliance Order 10-03-22-01 (10 Violations)
2010 Escalated Enforcement Associated with X-Ray Machine Certification
October Creekside Cancer Care Notice of Proposed Penalty Assessment $37,500 (7 alleged violations)

2009 Escalated Enforcement Associated with Radioactive Materials Licensing
September Sundale and Associates, Compliance Order 09-09-21-01, License Terminated Due to Repeated Violations
June Colorado School of Mines, Compliance Order 09-06-08-01, (10 violations)
May Midwest Inspection Service, Notification of Final Penalty Assessment $1875, for failure to comply with Orders 07-12-21-02 and 06-12-06-02
January Conam Inspection and Engineering Services, Notification of Final Penalty Assessment, $2500, for failure to comply with Order 08-03-24-01

Earth Engineering Consultants, Notification of Final Penalty Assessment, $1250, for failure to comply with Order 08-08-06-01
2009 Escalated Enforcement Associated with X-Ray Machine Certification
September Eric Tannor Consent Decree (1 violation)

2008 Escalated Enforcement Associated with Radioactive Materials Licensing
December
 		 Earth Engineering Consultants Notice of Proposed Penalty ($1250, violation of Compliance Order issued August 6, 2008)
August Earth Engineering Consultants (12 violations)
July University of Denver Notice of Proposed Penalty ($1250, violation of Compliance Order issued December 2007)
March Conam Inspection & Engineering Services (3 violations)

Edwin K. Ensign, c/o Conam Inspection & Engineering Services (3 violations; two year prohibition)
January Greeley X-Ray Group (21 violations)
2008 Escalated Enforcement Associated with X-Ray Machine Certification
November EmergiCare, Inc. Unilateral Compliance Order 08-11-05-01 (5 violations)

2007 Escalated Enforcement Associated with Radioactive Materials Licensing
December Hepworth-Pawlak Geotechnical Unilateral Compliance Order
(13 violations)

University of Denver Unilateral Compliance Order (8 violations)
Conam Inspections Penalty Assessment Order ($1550, violation of Compliance Order issued February 2007)

Midwest Inspection Services Unilateral Compliance Order
(6 violations)
November Soils Pro GT Unilateral Compliance Order (4 violations)

Western Colorado Testing Unilateral Compliance Order
(6 violations)
August ProTechnics Unilateral Compliance Order (5 violations)
February Conam Inspections Unilateral Compliance Order (11 violations)
2007 Escalated Enforcement Associated with X-Ray Machine Certification
August J. Edward Hansford, D.D.S. Penalty Assessment Order ($4875, for violation of Compliance Order issued in May 2007)
May J. Edward Hansford, D.D.S. Unilateral Compliance Order
(2 violations)
April Parsons Chiropractic Unilateral Compliance Order (1 violation)