Massachusetts General Laws
Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act
Section 4b - Violations of Sec. 4a; Civil Penalties

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

Massachusetts General Laws

Part I - Administration of the Government

Title XVI - Public Health

Chapter 111h - Massachusetts Low-Level Radioactive Waste Management Act

Section 1 - Definitions

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 7 - Information Concerning Type, Volume, Radioactivity, Source and Characteristics of Low-Level Radioactive Waste; Inspections; Confidentiality

Section 8 - Issuance of Orders; Notice and Opportunity for Hearing; Civil Penalties; Injunctions and Actions to Compel

Section 9 - Management of Low-Level Radioactive Waste; Liability; Damages; Funds to Satisfy Liability

Section 10 - Phase I of the Low–level Radioactive Waste Management Act; Planning

Section 11 - Procedures for Adoption of Management Plan

Section 12 - Preparation, Adoption by Regulation, and Implementation of Management Plan; Contents of Plan

Section 13 - Low-Level Radioactive Waste Source Minimization, Volume Minimization and Storage for Decay by Generators Program; Establishment

Section 14 - Site Selection Criteria and Application Guidelines; Adoption of Regulations

Section 15 - Selection of Operators; Adoption of Regulations

Section 16 - Licensing, Development, Operation, Closure, Post-Closure Observation and Maintenance, and Institutional Control of Facilities; Adoption of Regulations

Section 17 - Initiation of Site Selection Process; Board Vote; Conditions

Section 18 - Phase Ii of the Low–level Radioactive Waste Management Act; Implementation for Site Selection Process

Section 19 - Site Selection Process; Procedures

Section 20 - Site Selection Process; Issuance of Required Reports; Public Meetings; Acquisition of Property Interest in Candidate Sites

Section 21 - Community Supervisory Committees; Establishment

Section 22 - Requests for Proposals for Development, Operation and Closure of a Facility; Investigation and Certification of Applicants; Contract

Section 23 - Detailed Site Characterization Plan for Candidate Sites; Public Review and Comment; Selection of Superior Site

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 26 - Community Supervisory Committee Representatives, Appointment; Site Community Field Offices, Establishment

Section 27 - Certified Applicant Interviews; Selection of Operator of Superior Site Facility

Section 28 - Execution of Development Contract

Section 29 - Phase Iv of the Low–level Radioactive Waste Management Act; Facility Approval and Licensing

Section 30 - Notice of Intent to Apply for Facility License; Environmental Impact Report

Section 31 - Facility License Application; Public Comment Period; Preparation of Draft License or Draft Denial; Final Decision

Section 33 - Negotiation of Comprehensive Operating Contract; Contents

Section 34 - Community Compensation

Section 35 - Phase v of the Low–level Radioactive Waste Management Act; Facility Development, Operation, and Closure

Section 36 - Comprehensive Environmental Monitoring Program; Establishment

Section 37 - Commencement of Facility Construction

Section 38 - Payment by Operator Equal to Expected Annual Operating Budget; Proposed Fees and Waste Acceptance Criteria Schedule

Section 39 - Determination of Operator's Compliance With Comprehensive Operating Contract; Notice to Generators

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 45 - Phase Vi of the Low–level Radioactive Waste Management Act; Institutional Control of Facility

Section 46 - Transfer of Facility License From Operator

Section 47 - Institutional Control of Facility; Annual Report; Public Meetings

Section 48 - Statutes Not Applicable