S.C. Code Regs. § § 61-63.I.RHB 1.16

Current through Register Vol. 48, No. 10, October 25, 2024

Section 61-63.I.RHB 1.16 - Schedule A

SCHEDULE OF CIVIL PENALTIES

A. Severity I Category Level: Not less than Twenty Thousand Dollars, nor more than Twenty-Five Thousand Dollars, per violation.

B. Severity II Category Level: Not less than Ten Thousand Dollars, nor more than Twenty Thousand Dollars, per violation.

C. Severity III Category Level: Not less than Five Thousand Dollars, nor more than Ten Thousand Dollars, per violation.

D. Severity IV Category Level: Not less than Two Thousand Dollars, nor more than Five Thousand Dollars, per violation.

E. Severity V Category Level: Not less than One Thousand Dollars, nor more than Two Thousand Dollars, per violation.

F. Severity VI Category Level: Not more than One Thousand Dollars, per violation.

SCHEDULE OF SEVERITY CATEGORIES

I. Health Physics and Radiation Protection:

A. Severity I--Very Significant violations involving:

1. Single exposure or a quarterly accumulation of exposures to a worker in excess of 25 rems of radiation to the whole body, 150 rems to the skin of the whole body, or 375 rems to the feet, ankles, hands, or forearms, when such exposures are contrary to the provisions of RHA 3.2, Title A;

2. Annual whole body exposure of a member of the public in excess of 2.5 rems of radiation;

3. Release of radioactive material to an unrestricted area in excess of ten times the limits of RHA 3.5, Title A;

4. Disposal of licensed material in quantities or concentrations in excess of ten times the limits of RHA 3.13, Title A; or

5. Exposure of a worker in restricted areas in excess of ten times the limits of RHA 3.3, Title A.

B. Severity II--Very Significant violations involving:

1. Single exposure or a quarterly accumulation of exposures to a worker in excess of 5 rems of radiation to the whole body, 30 rems to the skin of the whole body, or 75 rems to the feet, ankles, hands, or forearms, when such exposures are contrary to the provisions of RHA 3.2, Title A;

2. Annual whole body exposure of a member of the public in excess of 0.5 rems of radiation;

3. Release of radioactive material to an unrestricted area in excess of five times the limits of RHA 3.5, Title A;

4. Failure to make an immediate notification as required by RHA 3.18, Title A;

5. Disposal of licensed material in quantities or concentrations in excess of five times the limits of RHA 3.13, Title A; or

6. Exposure of a worker in restricted areas in excess of five times the limits of RHA 3.3, Title A.

C. Severity III--Significant violations involving:

1. Single exposure or a quarterly accumulation of exposures to a worker in excess of 3 rems of radiation to the whole body, 7.5 rems to the skin of the whole body, or 18.75 rems to the feet, ankles, hands, or forearms, when such exposures are contrary to the provisions of RHA 3.2, Title A;

2. A radiation level in an unrestricted area that exceeds 100 millirems/hour for a one-hour period;

3. Failure to make a 24-hour notification as required by RHA 3.18, Title A, or an immediate notification required by RHA 3.17, Title A;

4. Substantial potential for an exposure or release in excess of limits specified in Part III, Title A, where such exposure or release does not occur (e.g., entry into high radiation areas in the vicinity of exposed radiographic sources without having performed an adequate survey, failure to provide security or prevent unauthorized entry into a high radiation area, operation of a radiation facility with a nonfunctioning interlock system);

5. Release of radioactive material to an unrestricted area in excess of the limits of RHA 3.5, Title A;

6. Improper disposal of licensed material not covered in Severity Levels I or II;

7. Exposure of a worker in restricted areas in excess of the limits of RHA 3.3, Title A;

8. Release for unrestricted use of contaminated or radioactive material or equipment which poses a realistic potential for exposure to members of the public, or failure to decontaminate facility areas as required;

9. Cumulative worker exposure above regulatory limits when such cumulative exposure reflects a programmatic, rather than an isolated weakness in radiation protection;

10. Conduct of licensee activities by a technically unqualified person or person not meeting training requirements specified by regulation or license conditions; or

11. Failure to control or provide security for licensed material.

D. Severity IV--Violations involving:

1. Failure to follow requirements not covered in Severity Levels I, II, or III, that substantially reduces the margin of safety (e.g., inadequate survey, incomplete dosimetry, improper posting, failure to maintain proper security);

2. A radiation level in an unrestricted area such that an individual may receive greater than 2 millirems in a one hour period or 100 millirems in any seven consecutive days; or

3. Failure to make a 30-day written notification required by RHA 3.19, Title A.

E. Severity V--Violations involving any other matter involving failure to follow procedures, rules and regulations or license conditions, that has other than minor safety or environmental significance.

F. Severity VI--Violations that have minor safety or environmental significance.

II. Radioactive Materials Operations:

A. Severity I--Very Significant violations involving:

1. A technically unqualified or unauthorized person conducting a licensee activity that results in radiation levels, contamination levels, or releases that exceed ten times regulatory limits or limits specified in the license;

2. Use of unauthorized equipment that results in radiation levels, contamination levels, or releases that exceed ten times regulatory limits or limits specified in the license;

3. Possession or use of unauthorized radioactive materials requiring a license that results in radiation levels, contamination levels, or releases that exceed ten times regulatory limits;

4. Failure to perform required surveys, tests, or evaluations, or to institute required safety precautions that results in radiation levels, contamination levels, or releases that exceed ten times regulatory limits or limits specified in the license; or

5. A system designed to prevent or mitigate a serious safety event being inoperable when actually required to perform its design function.

B. Severity II--Violations involving:

1. A technically unqualified or unauthorized person conducting a licensee activity that results in radiation levels, contamination levels, or releases that exceed five times regulatory limits, or limits specified in the license;

2. Possession or use of unauthorized equipment or material in the conduct of licensed activities that results in radiation levels, contamination levels, or releases that exceed five times regulatory limits or limits specified in the license;

3. Possession or use of unauthorized radioactive materials requiring a license that results in radiation levels, contamination levels, or releases that exceed five times regulatory limits.

4. Failure to perform required surveys, tests, or evaluations that results in radiation levels, contamination levels or releases that exceed five times regulatory limits, or limits specified in the license; or

5. Failure to make required initial notifications associated with Severity Level I or II violations.

C. Severity III--Violations involving:

1. Failure to control access to licensed materials for radiation purposes as specified by regulatory requirements;

2. Possession or use of unauthorized equipment, materials or facilities in the conduct of licensed activities;

3. Possession or use of unauthorized radioactive materials requiring a license;

4. Use of radioactive materials on humans where such use is not authorized;

5. Conduct of licensee activities by a technically unqualified or unauthorized person;

6. Degradation of a system designed to prevent or mitigate a serious safety event;

7. Failure to provide adequate measures to prevent loss or theft of radioactive materials; or

8. Radiation levels, contamination levels, or releases that exceed regulatory limits or limits specified in the license.

D. Severity IV--Violations involving:

1. Failure to maintain patients containing Cobalt-60, Cesium-137, Iridium-192, or Radium implants hospitalized, or failure to conduct and record surveys of such patients prior to release;

2. Failure to conduct required leakage or contamination tests; or

3. Use of improperly calibrated survey equipment or counting equipment.

E. Severity V--Other violations such as failure to follow procedures, rules and regulations, or license conditions that have other than minor safety or environmental significance.

F. Severity VI--Violations that have minor safety or environmental significance.

III. Transportation of Radioactive Materials:

For purposes of this Schedule, radioactive material transported as radioactive waste into or within South Carolina is subject to the provisions of the S.C. Department of Health and Environmental Control Regulation Regulation 61-83, Regulation for the Transportation of Radioactive Waste Into or Within South Carolina. Radioactive materials, other than radioactive wastes as defined in S.C. Department of Health and Environmental Control Regulation Regulation 61-83, are subject to the following Severity Categories:

A. Severity I--Very Significant violations of State and Federal Regulations involving:

1. Annual whole body exposure of a member of the public in excess of 2.5 rem of radiation; or

2. Breach of package integrity resulting in surface contamination or external radiation levels in excess of ten times the Nuclear Regulatory Commission (NRC) or Department of Transportation (DOT) limits.

B. Severity II--Very Significant violations of State and Federal Regulations involving:

1. Annual whole body exposure of a member of the public in excess of 0.5 rem of radiation;

2. Breach of package integrity resulting in surface contamination or external radiation levels less than ten times in excess of NRC or DOT limits.

3. Surface contamination or external radiation levels in excess of three times NRC or DOT limits that did not result from a breach of package integrity; or

4. Failure to make required initial notifications associated with Severity Level I or II violations.

C. Severity III--Violation of State and Federal Regulations involving:

1. Breach of package integrity;

2. Surface contamination or external radiation levels in excess of but less than a factor of three above NRC or DOT requirements that did not result from a breach of package integrity;

3. Any noncompliance with labelling, placarding, shipping paper, packaging, loading or other requirements that could reasonably result in the following:

a. Improper identification of the type, quantity, or form of material;

b. Failure of the carrier or recipient to exercise adequate controls;

c. Substantial potential for personnel exposure or contamination; or

4. Failure to make required initial notification associated with Severity Level III violations.

D. Severity IV--Violation of State and Federal regulation involving any noncompliance of package selection or preparation requirements which does not result in a breach of package integrity or surface contamination, or external radiation levels in excess of NRC or DOT requirements.

E. Severity V--Other violations such as failure to follow procedures or rules and regulations that have other than minor safety or environmental significance.

F. Severity VI--Violations that have minor safety or environmental significance.

S.C. Code Regs. § 61-63.I.RHB 1.16