S.C. Code Regs. § § 61-65.I.RHC 1.11

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

Section 61-65.I.RHC 1.11 - Administration of Civil Penalties

1.11.1 Assessment. Assessment of civil penalties shall be based on the following criteria:

1.11.1.1 The seriousness of the violation(s);

1.11.1.2 Previous compliance history;

1.11.1.3 The amount necessary to deter future violations;

1.11.1.4 Efforts to correct the violation; and

1.11.1.5 Any other mitigating or enhancing factors.

1.11.2 Severity Levels. The seriousness of violations shall be categorized by one of the following severity levels.

1.11.2.1 Major. Violations that are most significant and have a direct negative impact on occupational or public health and safety, or which represent a significant deviation from the requirements of this regulation.

1.11.2.2 Moderate. Violations that are of more than minor significance, but if left uncorrected, could lead to more serious circumstances, or which represent a moderate deviation from the requirements of this regulation.

1.11.2.3 Minor. Violations that are of minor safety significance, or which represent a minor deviation from the requirements of this regulation.

1.11.2.4 In each case, the severity of a violation will be characterized at the level best suited to the significance of the particular violation. In some cases, violations may be evaluated in the aggregate and a single severity level assigned for a group of violations.

1.11.3 Application. Adjustments to the values listed in RHC 1.11.4.1 under each severity level may be made for the presence or absence of the following factors:

1.11.3.1 Prompt Identification and Reporting. Reduction of a civil penalty may be given when a registrant identifies the violation and promptly reports the violation to the Department. In weighing this factor, consideration will be given to, among other things, the length of time the violation existed prior to discovery, the opportunity available to discover the violation, the ease of discovery and the promptness and completeness of any required report. No consideration will be given to this factor if the registrant does not take immediate action to correct the problem upon discovery.

1.11.3.2 Corrective Action to Prevent Recurrence. Recognizing that corrective action is always required to meet regulatory requirements, the promptness and extent to which the registrant takes corrective action, including actions to prevent recurrence, may be considered in modifying the civil penalty to be assessed. Unusually prompt and extensive corrective action may result in reducing the proposed civil penalty. On the other hand, the civil penalty may be increased if initiation of corrective action is not prompt or if the corrective action is only minimally acceptable. In weighing this factor, consideration will be given to, among other things, the timeliness of the corrective action, degree of registrant initiative, and comprehensiveness of the corrective action - such as whether the action is focused narrowly to the specific violation or broadly to the general area of concern.

1.11.3.3 Compliance History. Reduction of the civil penalty may be given for prior good performance in the general area of concern. In weighing this factor, consideration will be given to, among other things, the effectiveness of previous corrective action for similar problems, overall performance such as previous compliance history in the area of concern. For example, failure to implement previous corrective action for prior similar problems may result in an increase in the civil penalty.

1.11.3.4 Prior Notice of Similar Events. The civil penalty may be increased for cases where the registrant had prior knowledge of a problem as a result of a registrant audit, or specific industry notification, and had failed to take effective preventive steps.

1.11.3.5 Multiple Occurrences. The civil penalty may be increased where multiple examples of a particular violation are identified during the inspection period.

1.11.3.6 The above factors are additive. However, the civil penalty will not exceed twenty-five thousand dollars ($25,000) for any one violation. Each day of noncompliance shall constitute a separate violation.

1.11.4 The Department shall issue civil penalties according to the following schedule:

1.11.4.1 Penalty Matrix

Deviation from Requirement:	Major	Moderate	Minor
Potential for Harm:	(11-30)	(4-10)	(1-3)
$25,000-5,000	$15,000-5,000	$10,000-2,500
Major
(11-70)
$10,000-2,500	$7,500-1,000	$5,000-500
Moderate
(6-10)
$5,000-1,000	$3,000-500	$2,500-250
Minor
(0-5)

Calculation of Base Penalty:

Each violation is assigned a relative point value as follows: Potential for Harm- 0-70, with 70 being maximum harm; Deviation from Requirement- 1-30, with 30 being the maximum deviation. Add the two values together, convert to a decimal value (15 to .15, for example), and multiply by the maximum per day per violation per civil penalty ($25,000). This is the base civil penalty per violation. The base penalty may be increased for repeat violations, multi-day penalties, or degree of recalcitrance, willfulness, negligence, or indifference.

Minimum Increase for Repeat Violations Found on Follow-up Inspections or Reinspections

Second Offense (First Follow-up Inspection or First Reinspection)	15%
Third Offense (Second Follow-up Inspection or Second Reinspection)	30%
Fourth Offense (Third Follow-up Inspection or Third Reinspection)	45%
Fifth and Subsequent Offenses	60%

Multi-Day Penalties:

Increase penalty 1% to 7% for each day of noncompliance.

Degree of Recalcitrance, Willfulness, Negligence, or Indifference:

Increase Penalty 10% to 50%.

1.11.4.2 The Department reserves the right to impose a civil penalty up to Twenty-five Thousand Dollars ($25,000) on a person who violates the regulations in such a manner so as to present an imminent hazard to human health and safety. The Twenty-five Thousand Dollar civil penalty may be levied for the following:

1.11.4.2.1 Two or more incidents of workers receiving excess radiation exposures, when such exposures are contrary to the occupational dose limits for adults as set forth in the provisions of Part III of R.61-64, X-Rays (Title B).

1.11.4.2.2 Two or more incidents of members of the general public, or non-radiation workers, receiving excess radiation exposures contrary to the dose limits for individual members of the public as set forth in the provisions of Part III of R.61-64, X-Rays (Title B).

1.11.4.2.3 Two or more incidents on two consecutive inspections of failing to perform required surveys, tests, checks, calibrations or evaluations. (RHC 1.4)

1.11.4.2.4 Four or more incidents in a one year period of making, selling, leasing, transferring, lending, assembling, or installing equipment without the equipment meeting all applicable regulations when properly placed in operation. (RHC 2.5.3)

S.C. Code Regs. § 61-65.I.RHC 1.11

Amended by State Register Volume 8, Issue No. 7, eff July 27, 1984; State Register Volume 39, Issue No. 06, eff. 6/26/2015.