DHS 157.90(1)(e) (e) A violation may be classified at severity level 4 if both of the following exist:

DHS 157.90(1)(e)1. 1. The violation threatens the environment or occupational or public health.

DHS 157.90(1)(e)2. 2. The potential for danger to the environment or occupational or public health is probable.

DHS 157.90(1)(f) (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.

DHS 157.90 Note Note: See Appendix R for examples of severity levels one through 5 violations.

DHS 157.90(2) (2) Assessment of forfeitures.

DHS 157.90(2)(a) (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.

DHS 157.90(2)(b) (b) A forfeiture assessment may not be less than $100 nor more than $100,000 for each violation.

Table DHS 157.90A
Base Forfeitures

- See PDF for table

Table DHS 157.90B
Percentage of Base Amounts Based on Severity
Level of Violation

- See PDF for table

DHS 157.90(2)(c) (c) Each day of continued violation constitutes a separate offense.

DHS 157.90(2)(d) (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:

DHS 157.90(2)(d)1. 1. The forfeiture amount.

DHS 157.90(2)(d)2. 2. The violation and severity level of the violation on which the forfeiture is based.

DHS 157.90(2)(d)3. 3. The statute or rule alleged to have been violated.

DHS 157.90(2)(d)4. 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).

DHS 157.90(2)(e) (e) The department may, at any time, negotiate a settlement related to a violation.

DHS 157.90(3) (3) Forfeiture payment.

DHS 157.90(3)(a) (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).

DHS 157.90(3)(b) (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.

DHS 157.90(3)(c) (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.

DHS 157.90 Note Note: 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.

DHS 157.90(3)(d) (d) The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

DHS 157.90 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.

DHS 157.91 DHS 157.91 Notices, orders, reviews and appeals.

DHS 157.91(1) (1) Notice of violation and order of abatement.

DHS 157.91(1)(a) (a) If the department finds that a source of radiation as constructed, operated or maintained results in a violation of ss. 254.31 to 254.45, Stats., or of this chapter, the department shall notify in writing, the person in control that is causing, allowing or permitting the violation as to the nature of the violation. The notification shall do all of the following: