6 CRR-NY 380-10.8NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER C. RADIATION
PART 380. PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY RADIOACTIVE MATERIALS
SUBPART 380-10. GENERAL REGULATORY REQUIREMENTS
6 CRR-NY 380-10.8
6 CRR-NY 380-10.8
380-10.8 Deliberate misconduct.
(a) For the purposes of this section, deliberate misconduct means an intentional act or omission that the person knows:
(1) could cause, or would have caused if not detected, a permittee, applicant, contractor or subcontractor to be in violation of any rule, regulation, order, or permit issued under this Part; or
(2) constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a permittee, applicant, contractor, or subcontractor.
(b) This section applies to the following persons and their employees:
(1) permittees;
(2) applicants for permits; and
(3) contractors (including suppliers and consultants) and subcontractors of any permittee or applicant for a permit who knowingly provide to the permittee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a permittee's or applicant's actions under this Part.
(c) The persons listed in subdivision (b) of this section, must not:
(1) engage in deliberate misconduct; or
(2) deliberately submit to the department, a permittee, an applicant, or a contractor or subcontractor of the permitee or applicant, information that the person submitting the information knows to be materially incomplete or inaccurate.
(d) A person who violates this section may be subject to enforcement action and penalties as authorized by the ECL.
6 CRR-NY 380-10.8
Current through June 30, 2022
End of Document