Current through Register Vol. 48, No. 9, September 27, 2024
1.8.1 Upon determination by the Department that
the Act or these regulations have been violated or that a public health risk exists,
the Department will:
1.8.1.1 Provide written
notification to the non-compliant registrant as soon as possible after violations
are noted which:
1.8.1.1.1 Cites each section of
the Act or regulations violated.
1.8.1.1.2 Specifies the manner in which the
registrant failed to comply.
1.8.1.1.3
Requires submission of a timely and comprehensive corrective action plan, including
a time schedule for completion of the plan.
1.8.1.1.4 Establishes a firm time schedule within
which a corrective action plan must be submitted. The Department will approve the
plan and proposed time schedule for its completion if the plan is
adequate.
1.8.1.2 In cases
where the registrant fails to comply with the conditions of the written
notification, the Department will seek further enforcement action, appropriate
penalties, and direct remedial relief.
1.8.1.3 If the registrant fails to comply with the
requirements of the regulations within ten days, or in cases where there is an
imminent hazard to human health and safety, the Department will take one or a
combination of the following steps:
1.8.1.3.1
Issue an administrative order which:
1.8.1.3.1.1
Imposes an appropriate civil penalty; or
1.8.1.3.1.2 Requires corrective action;
or
1.8.1.3.1.3 Impounds or orders the
impounding of sources of radiation in accordance with the Act; or
1.8.1.3.1.4 Revokes the facility's registration in
accordance with Part II; or
1.8.1.3.2 Requests the Department attorney or the
attorney general to seek court action to enjoin violations and seek conviction for a
simple misdemeanor; or
1.8.1.3.3 Take
enforcement action that the Department feels appropriate and necessary and is
authorized by law.
1.8.2 Under an actual or potential condition
posing a risk to any individual comparable to a Major severity level violation, the
Department may immediately impound or order the impounding of sources of radiation
in accordance with the Act.
1.8.3 The
Department may immediately impound or order the impounding of sources of radiation
in the possession of any person who fails to comply with these regulations or
provisions of the Act, or when the Department deems a situation to constitute an
emergency.
