Rita Penman - 15-Sep-2008
- Two companies and an individual who tried
to dispose of radioactive waste without
authorisation have
been fined by Bedford Magistrates’ Court
today (Fri) for breaching the Radioactive
Substances Act 1993.
The radioactive material
was in an X-ray Flourescence Meter which
belonged to FFEI Ltd (formerly known as
Fuji Film Electronic Imaging Ltd) and used
at its Peterborough premises until October
last year when it was no longer needed.
B&W Waste Management
Services Ltd, a hazardous waste operator,
was employed to remove the meter from the
premises and employee Mouritz Botha collected
it and transported it to their waste transfer
station in Bedford.
FFEI was fined £1,400
and ordered to pay £4,000 costs for
causing the meter to be disposed of; B&W
was fined a total of £4,000 and ordered
to pay £4,000 costs for receiving
and accumulating radioactive waste; and
Botha was fined £250 for receiving
the waste to dispose of it. All three had
pleaded guilty to the charges.
Magistrates were told
that the XRF Meter was used for analysing
levels of cadmium and contained two closed
radioactive sources, Cadmium 109 and Americium
241. The Cadmium 109 source is a Gamma emitter
– Gamma rays are very penetrating and can
cause skin and membrane damage. The Americium
241 is an Alpha emitter – Alpha rays can
be stopped by paper or skin but if ingested
or inhaled may cause serious harm.
Mrs Anne-Lise McDonald
said that the Environment Agency granted
a registration for the two sources in November
2002 which was amended, in name only, in
October 2007 when the company changed its
name to FFEI Ltd.
Also in October 2007
a counter terrorism security advisor employed
by Cambridgeshire Police contacted FFEI
to make a routine annual security inspection
of the storage of the meter. As a result
of his call staff decided to dispose of
the meter and one member of staff with no
previous involvement with the meter and
no training or knowledge of the company’s
procedures for it or compliance with its
registration made the arrangements.
FFEI’s normal waste
disposal company claimed that they were
contacted about disposing of the meter but
said the FFEI member of staff who contacted
them did not state that the meter was radioactive.
They thought it must be classed as hazardous
waste as it was used to test for Cadmium
so were unable to deal with it. They contacted
B&W, a licensed hazardous waste transfer
station operator.
Mrs McDonald said the
information passed on by FFEI was forwarded
to B&W and then to a further hazardous
waste transfer station operator asking for
a quote for disposal. This information did
not state that the unit was radioactive.
Once a price had been agreed Botha collected
the meter from FFEI in a B&W vehicle
on 31 October.
Mrs McDonald said the
meter was stored in a case with a radioactive
trefoil label and additional labels stating
that it was a radioactivbe source, the serial
number of the meter and the name and activity
level of the two sources.
Botha told investigators
that he ‘didn’t pay much attention’ to the
labels. He knew the trefoil was a radioactive
sign but the other labels didn’t mean anything
to him. He said the people handing over
the meter had no special clothing so he
didn’t see anything wrong with taking the
case away.
After signing a Hazardous
Waste Consignment Note he put the case in
his vehicle and took it to the Hazardous
Waste Transfer Station operated by B&W
at Clapham, Bedford, magistrates were told.
Later Managing Director
of B&W, Marcus Buckle, found the case
on top of other waste electrical goods and
moved it because he noticed the radioactive
signs and was concerned. He moved it to
a small room at the end of the staff kitchen
which was brick built and had no windows
and he locked the door. He told Botha to
get it collected as soon as possible.
Mrs McDonald said that
Mr Buckle had not contacted FFEI to get
further details on the meter, had not taken
it back to them, did not contact the Environment
Agency for advice nor did he feel it necessary
to ask Botha to advise the other waste transfer
station operator that the meter had radioactive
labelling and therefore may contain radioactive
sources.
On 9 November Botha
asked if someone from the other waste transfer
station could collect the meter in their
car, but was not happy to pay for that service,
so 13 days later added it to a consignment
of drums of hazardous waste being collected.
He had given the model number of the meter
but that was not passed on to the technical
department and its collection with the rest
of the waste was agreed.
The driver of a transport
company used to collect the waste noticed
the radioactive stickers and raised a concern
with the loader who allegedly told him that
it contained only mercury so he took it
away to a transfer station at Hinkley where
he alerted the site senior chemist who put
it in quarantine and contacted the Environment
Agency.
The meter was finally
removed and returned to Niton on 2 January
2008.
Mrs McDonald told the
court that although there had been no environmental
pollution or harm to human health associated
with the incident, there had been potential
for significant harm to human health.
‘Sealed radioactive
sources are safe if they remain intact but
if the meter was broken or the outer casing
of the sources was damaged it would be possible
for harmful radioactive material to escape,’
said Mrs McDonald.
‘The B&W transfer
station is used for the storage of oils
and other waste electrical and electronic
equipment and there is no sprinkler system
or smoke detection on site. In the event
of a fire, the protective shielding of the
meter could have been damaged exposing the
radioactive sources. This could have created
a risk of human exposure to radioactivity.’
Mrs McDonald said that
FFEI had entrusted a member of the staff
to deal with the disposal of a radioactive
source without any specific training in
the handling of radioactive materials. B&W,
partly through Botha’s actions, received
and stored radioactive material without
taking proper care or precautions, and Mr
Buckle had stored the radioactive material
in a small room at the back of the staff
kitchen rather than take advice on the proper
action to take.
She said that then Mr
Buckle and Botha had arranged for the radioactive
material to be removed to another unauthorised
site without warning of the radioactive
nature of the waste.
After the hearing Environment
Agency officer Roy Mantas said: ‘
‘The use, storage and
disposal of radioactive sources and waste
is controlled by the Radioactive Substances
Act 1993, which is strictly regulated by
the Environment Agency. The Act requires
that the use of radioactive materials be
minimised and that users employ best practical
means to ensure risks of exposure to members
of the public be kept as low as reasonbly
practical.
‘It is the responsibilty
of companies using radioactive materials
to be aware of the legislation and employ
suitably qualified and competent radiological
protection supervisors and advisors to ensure
compliance with government legislation.
‘Negligence and misuse
in the handling of radiaoctive materials
can cause significant harm to human health,
hence complacency and compromises in the
storage, use and disposal of such materials
is not tolerated.’
FFEI Ltd pleaded guilty
to:
1. On 31 October 2007
FFEI Ltd did, cause radioactive waste, namely
a Niton meter, to be disposed of from its
premises at Bretton Way, Peterborough, Cambridgeshire,
which are used for the purposes of its undertaking,
without the benefit of an authorisation.
Contrary to Sections 13(1) and 32(1)(a)
of the Radioactive Substances Act 1993
B & W Waste Management
Services Ltd pleaded guilty to:
1. On 31 October 2007
B & W Waste Management Services Ltd,
did receive radioactive waste, namely a
Niton meter, for the purpose of its disposal,
in the course of carrying on an undertaking,
without the benefit of an authorisation.
Contrary to Sections 13(3) and 32(1)(a)
of the Radioactive Substances Act 1993
Fined £2,000
2. Between 30 October
2007 and 24 November 2007 B & W Waste
Management Services Ltd did accumulate radioactive
waste, namely a Niton meter, with a view
to its subsequent disposal, on its premises
at Building 18, Twinwoods Business Park,
Twinwoods, Bedfordshire, which are used
for the purposes of its undertaking, without
the benefit of an authorisation. Contrary
to Sections 14(1) and 32(1)(a) of the Radioactive
Substances Act 1993
Fined £2,000
Mouritz Botha pleaded
guilty to:
1. On 31 October 2007
B & W Waste Management Services Ltd,
did receive radioactive waste, namely a
Niton meter, for the purpose of its disposal,
in the course of carrying on an undertaking,
without the benefit of an authorisation
due to your act or default. Contrary to
Sections 13(3), 32(1)(a) and 37 of the Radioactive
Substances Act 1993
