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Biomedical Firm Agrees to Pay for Radioactive Gas Leak to Avert Civil Charge

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Times Staff Writer

An Irvine biomedical laboratory that released the radioactive gas tritium last year has agreed to pay a $25,000 fine and buy the county $20,000 in computer equipment, according to a settlement announced Wednesday by officials in the Orange County district attorney’s office.

While continuing to maintain that it committed no wrongdoing, ICN Biomedicals Inc. entered the agreement to avoid a civil charge that the company failed to legally notify emergency authorities about releasing the gas, Deputy Dist. Atty. Diane Stavenhagen Kadletz said.

By law, the company was required to notify officials of the tritium release within 24 hours after a small explosion occurred in a laboratory processing line on Feb. 25, 1988, Kadletz said.

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Released for About 12 Days

Tritium, a radioactive form of hydrogen, was released into the atmosphere for about 12 days. The gas is hazardous when swallowed, inhaled or absorbed through the skin, although in this case county health officers said the release did not pose a threat to people or the environment.

Settlement talks took a year to conclude because of a disagreement about whether the company was obligated to notify officials within 24 hours.

“There was a disagreement with the state health department and ICN over the release, its amount and whether that warranted notification,” Kadletz said.

In a prepared statement, the company admitted no wrongdoing in the “timeliness of reporting the incident.” And it stressed that the issue involved “only the question of timely reporting” and that at no time was public health and safety at risk.

“We are proud of our safety record and commitment to the environment,” INC President Fred Andrea said. “For almost 30 years, we have been a responsible member of the community.”

The company manufactures products for biomedical and biochemical research, such as recombinant DNA. Tritium is used in making labels for the products.

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$20,000 for Computer Gear

The company also agreed to buy $20,000 in computer equipment and software for the Orange County Fire Department’s hazardous materials response team to help coordinate a network of companies that handle radioactive materials, such as ICN, Kadletz said.

In addition, another computer and more software are expected to be purchased and given to the radiology department of the county’s Health Care Agency to help identify radioactive sources in the county, she said.

Kadletz said it was one of the first times the district attorney’s office has accepted such an agreement. “Given the county’s continued (tight) fiscal situation, this approach seemed to work,” she said.

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