Section 4B. (a) If the board finds, after notice of any violation of section four A and an opportunity for a hearing have been provided, that any person is not in compliance with any requirement of section four A, or with any provision of any regulation adopted thereunder, it may assess civil penalties in an amount determined pursuant to this section. Such civil penalty may be imposed whether or not the violation was willful. In determining the amount of the civil penalty, the board shall consider the willfulness of the violation; the actual and potential cost to the commonwealth of collecting the assessment and penalty to enforce such requirement; whether the person being assessed the civil penalty did everything reasonable to pay the assessment, and to pay promptly after a notice of violation was issued; whether the person being assessed the civil penalty has previously failed to comply with any requirement of section four A, or with any provision of any regulation adopted thereunder; the financial condition of the person being assessed the civil penalty. The board shall also consider the goals of making compliance less costly than noncompliance, deterring future noncompliance, and the public interest.
(b) In addition to assessing civil penalties under this section, the board may request the attorney general to bring an action in the superior court to compel payment of assessments and penalties and immediate and full compliance with any order issued by the board. The expense of the proceedings shall be recoverable from the violator in such manner as provided by law.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act
Section 4 - Powers and Duties of Board; Acceptance of Donations, Loans or Grants
Section 4a - Low Level Radioactive Waste Management Fund; Assessments
Section 4b - Violations of Sec. 4a; Civil Penalties
Section 6 - Public Participation Coordinator; Duties
Section 10 - Phase I of the Low–level Radioactive Waste Management Act; Planning
Section 11 - Procedures for Adoption of Management Plan
Section 14 - Site Selection Criteria and Application Guidelines; Adoption of Regulations
Section 15 - Selection of Operators; Adoption of Regulations
Section 17 - Initiation of Site Selection Process; Board Vote; Conditions
Section 19 - Site Selection Process; Procedures
Section 21 - Community Supervisory Committees; Establishment
Section 24 - Petition by Aggrieved Person; Adjudicatory Proceeding
Section 25 - Phase Iii of the Low–level Waste Management Act; Selection of Operator and Technology
Section 27 - Certified Applicant Interviews; Selection of Operator of Superior Site Facility
Section 28 - Execution of Development Contract
Section 30 - Notice of Intent to Apply for Facility License; Environmental Impact Report
Section 33 - Negotiation of Comprehensive Operating Contract; Contents
Section 34 - Community Compensation
Section 36 - Comprehensive Environmental Monitoring Program; Establishment
Section 37 - Commencement of Facility Construction
Section 40 - Operation of Facility; Temporary or Permanent Closure; Inspection Report
Section 41 - Contingent Liability Account; Institutional Control Account
Section 42 - Administration of the Low–level Radioactive Waste Trust Fund
Section 43 - Facility Closure Plan
Section 44 - Active Observation and Maintenance of Facility
Section 46 - Transfer of Facility License From Operator
Section 47 - Institutional Control of Facility; Annual Report; Public Meetings