Section 144-220-B-9 - Escalation of Enforcement SanctionsA. The Agency considers violations of Severity Levels I, II, or III to be serious. If serious violations occur, the Agency will, where necessary, issue orders in conjunction with civil penalties to achieve immediate corrective actions and to deter further recurrence of serious violations. The Agency carefully considers the circumstances of each case in selecting and applying the sanction(s) appropriate to the case in accordance with the criteria described in sections 5, 6, 7, and 8 of this Part.B. Examples of enforcement actions that could be taken for similar Severity Level I, II or III violations are set forth in Table 2. The actual progression to be used in a particular case will depend on the circumstances. However, enforcement sanctions will normally escalate for recurring similar violations.C. Normally, the progression of enforcement actions for similar violations will be based on violations under a single license. When more than one facility is covered by a single license, the normal progression will be based on similar violations at an individual facility and not on similar violations under the same license. However, it should be noted that under some circumstances, e.g., where there is common control over some facet of facility operations, similar violations may be charged even though the second violation occurred at a different facility or under a different license. For example, a health physics violation at division 1 of a dual unit hospital that repeats an earlier violation of division 2 might be considered similar. TABLE 1A - Base Civil Penalties
| HealthPhysics, Operations, EP, and Miscellaneous | Transportation |
Greater Than Type A Quantity1 | Type A Quantity or less2 |
a. Industrial users of material3 | $10,000 | $5,000 | $2,000 |
b. Waste disposal licensees | $10,000 | $5,000 | $2,000 |
c. Academic or medical institutions4 | $5,000 | $2,500 | $1,000 |
d. Other material licenses | $2,000 | $2,500 | $1,000 |
e. X-ray facilities | $1,000 | | |
1 Includes quantities requiring Type B packaging.
2 Includes low specific activity waste, low level waste, Type A packages and excepted quantities
and articles.
3 Includes industrial radiographers, nuclear pharmacies, and other industrial users.
4 This applies to nonprofit institutions not otherwise categorized under section a through e in this
table .
TABLE 1B - Base Civil Penalties
Severity Level | Base Civil Penalty1 |
I | 100% |
II | 80% |
III | 50% |
IV | 15% |
V | 5% |
1 Percent of amount listed in able 1A.
TABLE 2 - Examples Of Progressions Of Escalated Enforcement Actions For Similar Violations In The
Same Activity Area Under The Same License
Severity of Violation | Number of similar violations from the date of the last inspection or within the previous two years (whichever period is greater) |
1ST | 2ND | 3RD |
I | a+b | a+b+c | d |
II | a | a+b | a+b+c |
III | ---- | a | a+b |
b. Suspension of affected operations until the Radiation Control Program Manager is satisfied that there is reasonable assurance that the licensee can operate in compliance with the applicable requirements or modification of the license, as appropriate.c. Show cause for modification or revocation of the license, as appropriate.d. Further action, as appropriate.10- 144 C.M.R. ch. 220, § B-9