Section 157.90. Violation and penalty criteria.

 

(1)   severity levels.

(a) Each violation of a condition of a license or registration or a requirement of ss. 254.31 to 254.45 , Stats., or this chapter shall be classified as specified in pars. (b) to (f) after considering all of the following:

1. The actual or potential injury to the environment or to occupational or public health.

2. The actual or potential costs of the damage or injury to the environment or to occupational or public health caused by the violation.

3. The potential danger to the environment or to occupational or public health.

4. The willfulness of the violation.

5. The compliance history of the licensee or registrant.

(b) A violation may be classified at severity level one if any of the following exist:

1. Actual damage or injury to occupational or public health or to the environment are caused by the violation.

2. The violation is characterized by any of the following:

a. Willful action.

b. Multiple occurrence between inspections.

c. Contribution to one or more additional violations.

(c) A violation may be classified at severity level 2 if both of the following exist:

1. The violation results in a circumstance that creates a significant potential for injury or costs to occupational or public health or to the environment.

2. Any of the factors listed in par. (b) 2. are present.

(d) A violation may be classified at severity level 3 if any of the following exist:

1. The potential for danger to the environment or occupational or public health is significant.

2. Any of the factors listed in par. (b) 2. b. and c. are present.

(e) A violation may be classified at severity level 4 if both of the following exist:

1. The violation threatens the environment or occupational or public health.

2. The potential for danger to the environment or occupational or public health is probable.

(f) A violation may be classified at severity level 5 if it is unlikely to cause actual costs or injury to the environment or to occupational or public health.

(2)   Assessment of forfeitures.

(a) The department may assess a direct forfeiture for each violation. If the department assesses a forfeiture, the amount of the forfeiture shall be derived from Tables DHS 157.90A and 157.90B.

(b) A forfeiture assessment may not be less than $100 nor more than $100,000 for each violation.

(c) Each day of continued violation constitutes a separate offense.

(d) The department shall send written notice of a forfeiture assessment to the person against whom the forfeiture is assessed. The notice shall specify all of the following:

1. The forfeiture amount.

2. The violation and severity level of the violation on which the forfeiture is based.

3. The statute or rule alleged to have been violated.

4. Notice that the person may contest the department's assessment of a forfeiture by requesting a hearing before the division of hearings and appeals. The notice shall describe the appeal process under s. DHS 157.91 (4) .

(e) The department may, at any time, negotiate a settlement related to a violation.

(3)   Forfeiture payment.

(a) A person against whom the department has assessed a forfeiture shall pay the forfeiture to the department within 10 days of the receipt of the notice under sub. (2) (d) .

(b) Except as provided in par. (c) , if a person contests a forfeiture under s. DHS 157.91 (4) , and the division of hearings and appeals upholds the forfeiture assessment, the person shall pay the forfeiture within 10 days after receipt of the final decision after exhaustion of administrative review.

(c) If a person petitions for judicial review under ch. 227 , Stats. , and the court upholds the forfeiture assessment, the person shall pay the forfeiture within 10 days after receipt of the final judicial decision.

(d) The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

CR 01-108 : cr. Register July 2002 No. 559 , eff. 8-1-02.

Note

See Appendix R for examples of severity levels one through 5 violations. Microsoft Windows NT 6.1.7601 Service Pack 1 Table DHS 157.90A
Base Forfeitures - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 Table DHS 157.90B
Percentage of Base Amounts Based on Severity
Level of Violation - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 Send forfeiture payments to: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI 53701-2659. Certified mail may be sent to: Department of Health Services, Radiation Protection Section, 1 West Wilson St., Room 150, Madison, WI 53702-0007. Microsoft Windows NT 6.1.7601 Service Pack 1