Section 144-220-B-2 - Severity of ViolationsA. Regulatory requirements have varying degrees of safety or environmental significance. Therefore, the relative importance of each violation must be identified as the first step in the enforcement process.B. Consequently, violations are categorized in terms of five levels of severity to show their relative importance within each of the following five activity areas: III. Materials operations;IV. Miscellaneous matters; andV. Emergency preparedness. C. Within each activity area, Severity Level I has been assigned to violations that are the most significant and Severity Level V violations are the least significant. Severity Level I and II violations are of very significant regulatory concern. In general, violations that are included in these categories involve actual or high potential impact on the public . Severity Level III violations are cause for significant concern. Severity Level IV violations are less serious but are of more than minor concern; i.e. if left uncorrected, they could lead to a more serious concern. Severity Level V violations are of minor safety or environmental concern.D. Comparisons of significance between activity areas are inappropriate. For example, the immediacy of any hazard to the public associated with Severity Level I violations in health physics is not directly comparable to that associated with Severity Level I violations in emergency preparednessE. While examples are provided in Appendix 1 for determining the appropriate severity level for violations in each of the five activity areas, the examples are neither exhaustive nor controlling. These examples do not create new requirements. Each is designed to illustrate the significance which the Radiation Control Program places on a particular type of violation of State requirements. Each of the examples is predicated on a violation of regulatory requirement.F. 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.G. The severity level of a violation may be increased if the circumstances surrounding the matter involve careless disregard of requirements, deception, or other indication of willfulness. The term "willfulness" as used here embraces a spectrum of violations ranging from deliberate intent to violate or falsify to and including careless disregard for requirements. Willfulness does not include acts which do not rise to the level of careless disregard, e.g. inadvertent clerical errors in a document submitted to the Radiation Control Program. In determining the specific severity level of a violation involving willfulness, consideration will be given to such factors as the position of the person involved in the violation (e.g., first-line supervisor or senior manager), the significance or any underlying violation, the intent of the violator (i.e. negligence not amounting to careless disregard, careless disregard, or deliberateness), and the economic advantage, if any, gained as a result of the violation. The relative weight given to each of these factors in arriving at the appropriate severity level will be dependent on the circumstances of the violation.H. The Radiation Control Program expects licensees to provide full, complete, timely, and accurate information and reports. Accordingly, unless otherwise categorized in Appendix 1, the severity level of a violation involving the failure to make a required report to the Agency will be based upon the significance of and the circumstances surrounding the matter that should have been reported. A licensee will not normally be cited for a failure to report a condition or event unless the licensee was actually aware of the condition or event, which it failed to report. However, the severity level of an untimely report, in contrast to no report, may be reduced depending on the circumstances surrounding the matter.1 The term "vendor" means a supplier of products or services to be used by a licensee or registrant in a licensed or registered facility or activity.
10- 144 C.M.R. ch. 220, § B-2