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one occasion or violations of multiple requirements from inspection to inspection at the same business may be considered as recalcitrant. Consider whether there is evidence indicating a pattern of neglect or disregard to applicable regulatory requirement(s). If the violations are chronic,the classification of violations should be elevated and should not be classified as minor violations. • Economic Benefit Any hazardous waste violation that allows the violator to gain an economic benefit from noncompliance should not be classified as a minor violation. Also, the economic benefit could be gained from reduced costs or a competitive advantage via non-compliance. Elevating Hazardous Waste Violations When a facility fails to come into compliance within the given deadline, hazardous waste violations may be elevated to a higher classification. UPAs should make all efforts to gain compliance from the business prior to elevating violations, and explain to the business the enforcement pathway when elevating violations. Refer to UPA 0910-02 Formal Enforcement Action Guidance for Environmental Violations and the UPA's Inspection and Enforcement Plan for enforcement options. Things Not to Consider When Classifying Hazardous Waste Violations • The size or fiscal health of the business should not factor into the classification of hazardous waste violations. These should be factored into, and adjusted for, during penalty calculations. • Potential outcomes of future enforcement should not be taken into account at the time of violation classification. • Demeanor of the respondent should not factor into the classification of violations. For example, unpleasant people should not be penalized any more than any other person. Conversely,pleasant people should not be given a break. Wolation Classification Guidance for UP,45 Page 6