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Imminent Threat to Human Health or Safety or the Environment <br /> Specific to the Underground Storage Tank(UST)program element, imminent threat to human <br /> health, safety or the environment is a condition that includes the following: <br /> (1) Creates a substantial probability of harm, <br /> (2) When it is necessary to take immediate action to prevent,reduce, or mitigate the actual <br /> or potential damages to human health or safety or the environment. <br /> Significant Non-Complier <br /> The Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection <br /> Agency (US EPA) have designated a type of hazardous waste violator as a "Significant Non- <br /> Complier"(SNC). An SNC is a handler who: <br /> (1) Has caused actual exposure or substantial likelihood of exposure to hazardous <br /> waste or hazardous constituents; or <br /> (2) Is a chronic (a handler who is regularly found to have many Class I or Class II <br /> violations) or recalcitrant violator (a handler who actively refuses to comply with the <br /> regulatory requirements); or <br /> (3) Substantially deviates from the terms of a permit, Order, settlement document, or <br /> decree by not meeting the requirements in a timely manner and/or by failing to perform <br /> work as required by terms of permits, Orders, settlement agreements, or decrees; or <br /> (4) Substantially deviates from statutory or regulatory requirements. <br /> SNCs represent the category of violators that merit the most stringent and timely enforcement <br /> response. SNCs require formal enforcement action and must be closely tracked to ensure timely <br /> and appropriate enforcement. <br /> Significant Threat <br /> Significant threats are to be determined based on the volume and relative hazard of the <br /> material/waste,proximity of the population at risk, and the potential for harm to public health and <br /> the environment. <br /> Significant Violation <br /> Significant Violation in the UST Program element is a violation, including but not limited to the <br /> following: <br /> (1) Causing or threatens to cause a liquid release of petroleum from the UST system, <br /> impairs the ability of a UST system to detect a liquid leak or contain a liquid release of <br /> petroleum such as tampering with leak detection equipment. <br /> (2) A chronic violation or a violation that is committed by a recalcitrant violator. <br /> Violation Classification Guidance for UPAS Page 8 <br />