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UNIFIED PROGRAM VIOLATION CLASSIFICATIONS AND FACTORS The other unified program elements do not have a three-tiered system of violation classification equivalent to the Hazardous Wastes Program. However, this guidance recommends a similar three-tiered system approach across all unified program elements for consistent, uniformity, standard classification to assist in determining an appropriate enforcement response. See Attachment A for examples of violations classification on each unified program element. In addition to the three-tiered approach in classifying violations,below are some common factors and terms to consider when enforcing the unified program elements. Chronic and Recalcitrant Violator Chronic is defined as continuing or occurring again and again; a habit or pattern of behavior or frequent recurrence. For the purpose of applying this definition to violation classification, violations of the same statutory or regulatory requirement identified on more than one occasion at the same facility may be considered a chronic violation. The UPA should consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the statutory or regulatory requirements. A recalcitrant violator is a person that is cited for chronic violations, actively refuses to comply with the regulatory requirements, or has engaged in a pattern of neglect or disregard for statutory or regulatory requirements. Economic Benefit Economic benefit focuses on the violator's economic gain from noncompliance, i.e., the extent to which the violator benefits financially as a direct result of noncompliance. In general, a violator can gain an economic benefit in three basic ways: (1) Delaying necessary compliance expenditures; (2)Avoiding necessary compliance expenditures; and/or (3)Having an unfair economic advantage over other businesses of similar industry. NOTE: The clarification of the term "economic benefit"as provided above refers only to the phrase as it is used in the definition of a minor violation[reference HSC, section 25404(a)(3)j. For purposes of defining and determining economic benefit in the calculation of penalties during enforcement, please refer to the Model Inspection and Enforcement Program Plan, the State Water Resources Control Board Water Quality Enforcement Policy or U.S. EPA's Penalty and Financial Models for calculating economic benefi or the Civil Penalty Policy of the Clean Water Act. Violation Classification Guidance for UPAS Page 7