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HAZARDOUS WASTE PROGRAM VIOLATION CLASSIFICATIONS Hazardous Waste Violation Statutory and Regulatory Definitions Synopsis The California Health and Safety Code (HSC) Chapter 6.5 and Title 22 of the California Code of Regulations(22 CCR)define some classifications of hazardous waste program violations. Each of these statutory or regulatory definitions are listed in ATTACHMENT A. The Hazardous Waste Program utilizes a three-tiered system of violation classification. The section provides a general synopsis of each hazardous wastes class of violation. Class I Violation The most egregious type of violation should be classified as a "Class I". Class I violations are those violations that are willful, intentional, negligent, knowing or should have known, include false documents,violations that pose a significant threat of harm to the environment or human life. Chronic violations that are Minor or Class lI may become Class I depending on the totality of circumstances. Minor or Class lI violations committed by a recalcitrant violator after repeat citations,notifications or observations from the UPA may become Class I based on the totality of circumstances. Class H Violation "Class II"violations are those violations that do not meet the criteria for Class I violations,but also are not minor. Failure to correct or certify correction of a minor violation within the prescribed timeframe is a Class II violation. Minor Violation "Minor" violations are violations that do not meet the criteria for Class I or Class II violations. Minor violations do not include any violations that resulted in an economic benefit for the violator. Also the UPA has to consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the requirements. CLASSIFYING HAZARDOUS WASTE VIOLATIONS Specific details and circumstances of each identified hazardous waste violation can vary from case to case. Careful consideration of the nature, circumstances, and evidence must be applied by inspectors when classifying violations. Inspectors should determine if the circumstances surrounding the violation would reasonably meet the criteria of each violation class. (Refer to ATTACHMENT A for examples.) The most common way to determine the classification of a violation is to follow the following three steps: • Confirm or eliminate the facts and circumstances that classify the violation as a Class I. • Confirm or eliminate the facts and circumstances that classify the violation as a Minor violation. (Note: a chronic violation or a repeat violation or a violation committed by a recalcitrant violator should not be classified as a Minor violation.) Violation Classification Guidance for UPAS Page 4