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• Classify the violation as a Class II Things to Consider When Classifying Hazardous Waste Violations All of the factors listed below should be considered both independently and cumulatively when classifying hazardous waste violations. UPAs should discuss how each factor below would be used to determine the violation classification with staff and ensure State-wide consistency. • Multiple Hazardous Waste Violations The number of violations found at a facility during an inspection, including multiple instances of the same violation,should be considered when classifying violations.This may be indicative of a pattern of neglect or disregard with respect to applicable regulatory requirements and may be a Class II or Class I violation. • Volume of the Hazardous Waste The volume of the hazardous waste should be considered when classifying a violation and determining whether it poses a significant threat to human health or the environment. It is appropriate to elevate the classification of a violation based on an increased threat posed by the volume of waste. • Relative Hazard of the Hazardous Waste The relative hazard of the waste should be considered when classifying a violation and determining whether it poses a significant threat to human health or the environment. (e.g. The physical and chemical properties of a waste may be a factor to determine the relative hazard.) The greater the hazard the waste poses, the greater potential for harm to human health or the environment. • Proximity of the Population at Risk The proximity of the population at risk to the hazardous waste also should be considered when classifying a violation and determining whether it poses a significant threat. • Knowing,Willful or Intentional Violations The intent of the action that led to the hazardous waste violation may be considered when classifying violations. Violations that demonstrate a knowing disregard for regulatory requirements are generally considered to be more serious and should not be classified as minor violations. Most violations does not require to prove intent to demonstrate a violation has occurred. However facts that show knowing disregard, willful or intentional acts to violate laws and regulations should be documented,and they are factors to consider. • Compliance History The regulatory history of the facility should be considered when classifying hazardous waste violations. A violation of the same requirement that has been cited on more than Violation Classification Guidance for UPAS Page 5