S.C. Code Regs. § § 61-64.I.RHB 1.13

Current through Register Vol. 48, 12, December 27, 2024

Section 61-64.I.RHB 1.13 - Fines and Penalties

1.13.1 Severity Levels - The violations of standards are categorized by the following severity levels, as determined by the Department.

1.13.1.1 Potential for Harm. The potential for harm shall be determined as major, moderate, or minor as follows:

1.13.1.1.1 Major Potential for Harm. Violations that have significant potential for harm and have a direct negative impact on occupational or public health and safety;

1.13.1.1.2 Moderate Potential for Harm. Violations that have more than minor potential for harm, but if left uncorrected, could lead to more serious circumstances; or

1.13.1.1.3 Minor Potential for Harm. Violations that have minor potential for harm and safety.

1.13.1.2 Extent of Deviation. The extent of deviation from regulatory requirements shall be determined as major, moderate, or minor as follows:

1.13.1.2.1 Major Deviation. The violations represent substantial deviation from the requirements of this regulation resulting in substantial noncompliance;

1.13.1.2.2 Moderate Deviation. The violations represent significant deviation from the requirements of this regulation resulting in significant noncompliance; or

1.13.1.2.3 Minor Deviation. The violations represent a slight deviation from the requirements of this regulation and do not result in substantial or significant noncompliance.

1.13.2 The Department may impose a civil monetary penalty up to twenty-five thousand dollars ($25,000.00) per violation and revoke or suspend a registration or certification if the Department finds the registrant or certificate holder who violates a provision of the Act, rules, regulations, or orders. Each day of noncompliance with any provision of the Act, rules, regulations, or orders shall constitute a separate violation. When imposing a monetary penalty, the Department may utilize the following schedule to determine the dollar amount:

Potential for Harm	Deviation from Requirements
Potential for Harm	Major Deviation	Moderate Deviation	Minor Deviation
Major Potential for Harm	$25,000 - 5,000	$15,000 - 5,000	$10,000 - 2,500
Moderate Potential for Harm	$10,000 - 2,500	$7,500 - 1,000	$5,000 - 500
Minor Potential for Harm	$5,000 - 1,000	$3,000 - 500	$2,500 - 250

1.13.3 The Department reserves the right to impose a civil penalty of twenty-five thousand dollars ($25,000.00) on a person or facility who violates the regulation in such a manner so as to present an imminent hazard to human health and safety.

S.C. Code Regs. § 61-64.I.RHB 1.13

Replaced and amended by State Register Volume 40, Issue No. 06, eff. 6/24/2016; State Register Volume 47, Issue No. 05, eff. 5/26/2023.