16 October 2007
Decision of Krasnoyarsk Central District Court on Appeal of Citizens` Center on Nuclear Non-Proliferation against resolution about administrative wrongdoing #3225 of 10 July 2007
Decision of Krasnoyarsk Central District Court on Appeal of Krasnoyarsk Regional Public Charity Organization "Citizens` Center on Nuclear Non-Proliferation" against resolution about administrative wrongdoing #3225 of 10 July 2007
11 October 2007, Krasnoyarsk
Central District Court of Krasnoyarsk composed of:
Having considered in proceedings in open court the appeal of MIKHEEV VLADIMIR IVANOVICH - Director of Krasnoyarsk Regional Public Charity Organization "Citizens` Center on Nuclear Non-Proliferation" against resolution about administrative wrongdoing ¹ 3225 of 10.07.07 brining the organization to administrative responsibility by Clause 8.2 of the Administrative Offence Code of the Russian Federation,
Resolution on the case of administrative violation ¹ 3225 of 10.07.2007 brings Public Charity Organization "Citizens` Center on Nuclear Non-Proliferation" to administrative responsibility by clause 8.2 of the Administrative Offence Code of the Russian Federation and exacts administrative punishment in the form of fine in the sum of 10 000 rubles, for the fact that on 22.11.06 Director of this Center Mikheev V.I. found and withdrew on the bank of the Yenissei river near Bolshoi Balchug village of Sukhobuzimsky Region Of Krasnoyarsk radionuclide sources contained in the soil, which together with 2 packages were transported from the detection site in a lead radiation-protected container type ÊÒ1-5 to organization "QUANT" Ltd. (Zatonskaya St., 38 Krasnoyarsk) to be buried which is proved by Act ¹ 191 of Transfer-Acceptance of Radionuclide Sources. According to the Protocol of Dosimetric Measurements made during acceptance of the said substances on the same day the radioactive radiation from package ¹ 2 at the distance of 10 cm from the surface of the package is 3.24 mcSv\hour (plus/minus 25% - measurement error of the instrument), and at the distance of 1 m from the surface - 0.44 mcSv/hour. The substances in package ¹ 2 are radioactive wastes. Activity of Cesium 137 in particle ¹2 (package ¹ 2) is 8.3 plus/minus 0.18 x 10 to the 5th degree = 800 000 Bq, which is 80 times higher than the minimum significant activity for Cesium 137 established by Radiation Safety Level (ÍÐÁ-99) . The above-mentioned charity Center for Nuclear Nonproliferation has no license to handle radioactive substances (wastes), has no conclusion of specialized sanitary-epidemiological inspection authorities which is confirmed by Mikheev. I.e. this charity organization violated requirements of i. 1.8 ÑÏ 2.6.1799-99 "Principal Sanitary Regulations for Radiation Safety Protection ", ii. 1.7,7.2,7.4 ÑÏ 220.127.116.118-02 " Sanitary Regulations for Radioactive Waste Handling ", i.e. an administrative offence created by Clause 8.2 of the Administrative Offence Code of the Russian Federation has been committed.
Mikheev V.I. - Director of the Public Charity Organization "Citizens` Center on Nuclear Non-Proliferation", dissenting with this resolution appealed to court reasoning the appeal that during transportation of the found radioparticles he had not violated any legislation norms, environment of human organism were not exposed to any danger, on the contrary he prevented potential more dangerous consequences, because these particles were found by him, Khizhnyak, and Pirogov on the bank of the Yenissei close to community where citizens living nearby fish. He thinks that he was acting in an emergency. In addition, the objectives and goals of the organization where he is director do not include collection of dangerous substances and their burial, they do not carry on any business in this field. The soil with the above mentioned particles was collected because they were performing monitoring of radiation-contaminated territories of Krasnoyarsk krai which is part of their goals and objectives. The request is to denounce the disputed resolution.
At court Mikheev supported the arguments and requests to satisfy the appeal because of grounds stated in the appeal. He explained at this, that the soil was collected by him with Khizhnyak when performing an independent radioecological survey during the period from 14.09.06 till 04.10.06, which they delivered in a lead container to Krasnoyarsk to the place of residence of Khizhnyak, but did not transfer if for burial at once, because during that time television - TVK channel - demonstrated a program about detection of hot particles at the same site and they were waiting for the result. After this on 22.11.06 a TVK journalist presented them a particle in a preserve can which they also placed into the container and delivered for burial at their own expense to specialized organization "QUANT" Ltd. Where dosimetric measurements were performed,; according to these measurements these substances being in the lead container constitute no hazard for environment and humans. The particles they have found was on the soil surface, no digging to find it had been done. The area where they performed the measurements is accessible for the public, no signs indicating radioactive contamination in this place were visible, the territory has no fence.
At court representative of the Center on Nuclear Non-Proliferation Likhtina O.G. supported the argumentation of the appeal, requests to remedy the grievance for the grounds stated in the appeal, to terminate the proceedings in case due to absence of administrative violation in the act of the organization, because Mikheev was acting in an emergency, preventing more dangerous consequences of the particles` being on the soil surface.
Having listened to the sides, radiation specialist Pankratov L.S., have studied the files of the case the Court considers that the disputed resolution is subject to annulment and proceedings in case subject to termination on the following grounds:
By the evidence of specialist Pankratov L.B. - employee of Rospotrebnadzor (Federal Service on Surveillance for Consumer Rights Protection and Human Well-Being) Administration it follows that the site where Mikheev found the radiation particle belonging to radiation wastes is a place accessible for the public, access to this territory for the citizens is not resticted in any way; no signs indicating radiation contamination in this territory are available. This bank of the Yenissei river in the vicinity of Bolshoi Balchug village is the radiation-control area of Zheleznogorsk MCC because eadiation wastes can, indeed be found in this area and this information is open for the public. However, the radiation level there is very low, these wastes constitute no danger for the environment and humans. These particles may cause a disease only when getting inside a human with food, which is possible by deliberate act only. Khizhnyak is also a nuclear specialist he know how to make dosimetric measurements, has instruments for this, he knows how to store these wastes properly. Therefore, the actions of MIkheev in transportation of these substances constituted no danger for the environment and humans.
According to the requirements of sanitary rules listed in the disputed resolution it follows that by i. 1.8 of Sanitary Regulations of 18.104.22.1689 organizations, individual entrepreneurs performing activities in the field of radiation source handling shall have a special permission (license) to have the right to perform this work issued by an organ authorized to issue licenses.
According to i. 2.2 of Sanitary Regulations on radiation safety of the personnel and population in transportation of radioactive materials (substances) organizations performing activities to transport and store radiation packaging shall have a special permission (license) to have the right to perform this work, sanitary-epidemiological resolution of organs and institutions performing Sanitary and Epidemiological Inspection about compliance of working conditions to sanitary regulations and fulfill appropriate requirements of Radiation Safety Norms-99, Principal Sanitary Regulations for Radiation Safety Protection and these rules. These requirements are stated in Articles 7.1, 7.2, 7.3, 7.5 of Sanitary Regulations 2. 6.6.1168-02.
By the meaning of these requirements they apply only to the organizations the goals and objectives of which is directly the activity with radiation sources (storing, burial, collection, transportation of these wastes), i.e. directly their entrepreneurial activities by which they have profit; these requirements do not apply to other organizations and physical entities whose duties do not include the said activities.
Accordingly, the actions of legal entity "Citizens` Center on Nuclear Non-Proliferation" have no crime, created by Clause 8.2 of the Administrative Offence Code of the Russian Federation because by their Charter Articles 2.1, 2.2 the scope of activities of this organization does not include such functions as collection, storage, usage, incineration, processing, decontamination, transportation, burial of production and consumption wastes or other hazardous substances.
The actions of this legal entity have no other violations because the site where these particles were found is accessible for the public and this is indicative of the possibility of this soil being taken by any citizen and removed to any other place, because there not prohibitions about it in the legislation, and not everybody has the required knowledge and information about radiation issues, and the information about the location of these radiation sources. As Khizhnyak and Mikheev are persons having special expertise in the field of handling radiation wastes they have taken all necessary measures to prevent particles from getting into the environment or human organism: placed them in a special container in which during dosimetric measurement of the particles the result of radiation was not dangerous to anybody which is confirmed both by Rospotrebnadzor specialist Pankratov L.V., and as follows from the disputed resolution and dosimetric measurements.
I.e. no damage has been made to the environment, and to fulfill the sanitary regulations said in the disputed resolution is beyond the scope of duties of the Center for Nuclear Nonproliferation.
On the basis of the above said, governed by Clause 30.7 of the Administrative Offence Code of the Russian Federation,
Denounce the Resolution on administrative violation of 10.07.2007 ¹ 3225 about bringing Krasnoyarsk Regional Public Charity Organization "Citizens` Center on Nuclear Non-Proliferation" to administrative responsibility. Terminate proceedings of the case because of absence of administrative violation in the actions of the said organization.
The decision can be appealed in Krasnoyarsk Krai Court through Krasnoyarsk Central District Court within 10 days from the date of receipt of its copy.
Seal, Krasnoyarsk Central District Court 14
Date 11 October 2007
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