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INTRODUCTION <br /> Effective Unified Program implementation helps safeguard public health and the environment by <br /> reducing and managing the risk that hazardous materials and hazardous wastes would otherwise <br /> pose. Unified Program Agencies (UPAS) play a vital role in protecting public health and the <br /> environment by ensuring applicable laws and regulations are being enforced consistently with <br /> uniformity. Standardized classification of violations will enhance the UPAS in determining when <br /> formal or informal enforcement is appropriate. <br /> This document begins with the Hazardous Waste Control Law definitions of the three-tiered <br /> system of violation classifications, which serves as a guide for all other Unified Programs'. This <br /> is followed by a description of what to consider for each violation classification, the applicable <br /> statutory definitions, and relevant examples. Attachment A includes some examples of how to <br /> classify common UPA Program violations.Attachment B is the statutory and regulatory references <br /> of the violation classifications and terms. <br /> DISCLAIMER' <br /> The Violation Classification Guidance is intended to assist the UPAs in determining the <br /> appropriate enforcement response and to facilitate more consistent enforcement approach through <br /> the use of consistent, uniform, standard classification protocol guidance. This guidance is for <br /> informational purposes only; it is not a rulemaking, and it does not establish any rules or <br /> requirements for enforcement responses by the UPAS. Nor may this guidance be relied upon to <br /> create a specific right or benefit, substantive or procedural, enforceable at law or in equity,by any <br /> person. <br /> The UPAs may take action at variance with this guidance or any internal implementing procedures. <br /> Recommendations regarding enforcement, such as when it is appropriate to pursue enforcement, <br /> ' There are existing statutory and regulatory violation classification definitions for some Unified Program violations, <br /> but not all.For example,the Hazardous Waste Program utilizes a three-tiered system of violation classification.This <br /> guidance suggests a similar approach across all Unified Programs for statewide consistency. Statewide consistency <br /> is a program mandate and a responsibility that encourages compliance and maximizes program effectiveness. <br /> Violation Classification Guidance for UPAS Page 2 <br />