1988-01-29 – NRC Memorandum – Procedure Regarding Radioactive Waste in the West Lake Landfill

1988-01-29-nrc-memorandum-procedure-regarding-radioactive-waste-in-the-west-lake-landfill

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JAN I 9
MEMORANDUM FOR: Stuart A. Treby, Assistant General Counsel
for Rulemaking and Fuel Cycle, OGC
FROM: Richard E. Cunningham, Director
Division of Industrial and
Medical Nuclear Safety, NMSS
SUBJECT: PROCEDURE REGARDING RADIOACTIVE WASTE IN THE
WEST LAKE LANDFILL
This is a request for advice regarding what legal recourse we have to require
a former licensee, the Cotter Corporation, to properly dispose of radioactive
wastes dumped in the West Lake Landfill (Docket No. 40-8801.)
In 1973, some 8700 tons of radioactive leached barium sulfate wastes from
uranium ore processing were nixed with soil and dumped in the West Lake Landfill
on the outskirts of St. Louis, Missouri. This action by a contractor for the
Cotter Corporation was taken without NRC authorization.
We have reviewed NRC contractor reports of field investigations of the
West Lake Landfill, NRC records and information from the Missouri Department
of Natural Resources. Based on this review, we have prepared a Draft Summary
Report which discusses the radiological and environmental circumstances of
the wastes. From this review, we have concluded that remedial action is called
for, but that additional technical information and engineering evaluations are
necessary to determine how it should be accomplished. We also need to determine
who should be responsible for conducting the studies and the remedial action.
Enclosed is a copy of a letter from Region III to the Cotter Corporation, dated
June 11, 1976, transmitting inspection reports that provide a history of the
wastes in the West Lake Landfill and a copy of the Draft Summary Report. If
cdditional Information is necessary for your determination, please contact
L. Rouse or J. Swift of my staff.
Stuart A. Treby 2 2 9 1988
It is important to act promptly on this matter, because the disposition of the
West Lake Landfill wastes has been raised as an issue with regard to negotiations
over which State will host a compact’s low level waste burial site.
Original Signed By:
Richard E. Cunningham, Director
Division of Industrial and
Medical Nuclear Safety, NMSS
Enclosure:
1. Draft Summary Report “Uranium Ore
Processing Wastes in the West Lake
Landfill,” draft of January 28, 1988
2. Ltr of 6/11/76 to Cotter Corp.,
fm JMAllan, RIII with enclosed
inspection reports on Cotter Corporation’s
Latty Avenue site/dumping in the West Lake
Landfill.
DISTRIBUTION NMSS 87082& w/encls
Docket No. 40-8801 IMSB R/F NMSS R/F
NMSS Office R/F IMNS Central Files CJenkins
CEstep LCRouse JJSwift
VLTharpe GLaRoche .
OFC: TWFTn/ IMSEfa/T DD:IMNS: DIE: IMNS:
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LRo’use: : GLSjoblom: : “-RtCUfTntngham:
DATE; 1/^/88; : lM/88: M /88;
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