(a) Initial Class I Violations Score. The Department shall determine an initial score for each Class I violation that occurred during the preceding ten (10) year period. When calculating the initial score for each Class I violation, the Department shall determine the potential harm to public health and safety or the environment posed by the violation and the extent of deviation from hazardous waste management requirements posed by the violation.
(b) Potential Harm. When determining the potential harm to public health and safety or the environment posed by a Class I violation, the Department shall categorize the potential harm as “major,” “moderate,” or “minimal.”
(1) The categories for degree of potential harm are defined as follows:
(A) Major -- The characteristics and/or amount of the substance involved present a major threat to public health and safety or the environment and the circumstances of the violation indicate a high potential for harm.
(B) Moderate -- The characteristics and/or amount of the substance involved do not present a major threat to public health and safety or the environment and the circumstances of the violation do not indicate a high potential for harm, but the threat posed is more than minimal.
(C) Minimal -- The characteristics and/or amount of the substance involved present a minimal threat to public health and safety or the environment and the circumstances of the violation indicate a low potential for harm.
(2) In determining the degree of potential harm, the Department shall consider the following factors:
(A) The characteristics of the substance involved;
(B) The amount of the substance involved;
(C) The extent to which human life or health is threatened;
(D) The extent to which animal life is threatened;
(E) The extent to which the environment is threatened; and
(F) The extent to which potable water supplies are threatened.
(3) Except as provided in paragraph (6), only violations involving one or more of the following may be classified as posing a major potential harm:
(A) The management of hazardous waste;
(B) The absence of adequate liability coverage or financial assurance for closure, post-closure, or corrective action; or
(C) The absence of a contingency plan, waste analysis plan, or closure plan.
(4) Potential harm for violations of financial requirements shall be determined by considering the amount of closure, post-closure, or corrective action costs for which there is no financial assurance or liability coverage, and the likelihood that injury or damages, if they occur, will not be compensated due to inadequacy in financial assurance or liability coverage.
(5) Financial requirements violations that consist of documentation errors or omissions that do not affect actual functioning of adequate liability coverage or financial assurance for closure, post-closure, or corrective action may not be classified as posing a major potential harm.
(6) Groundwater monitoring documentation violations may have a major, moderate, or minimal potential for harm. The Department shall select the category for potential harm based on the extent to which the violation may lead directly to environmental harm, have a potential for harm, or cause an inability to detect releases to groundwater, in addition to the factors specified in subsection(a)(2).
(c) Extent of Deviation. When determining the extent of deviation from hazardous waste management requirements posed by a Class I violation, the Department shall categorize the extent of deviation as “major,” “moderate,” or “minimal.”
(1) The categories for extent of deviation from hazardous waste management requirements are defined as follows:
(A) Major -- The act deviates from the requirement to such an extent that the requirement is completely ignored and none of its provisions are complied with, or the function of the requirement is rendered ineffective because some of its provisions are not complied with.
(B) Moderate -- The act deviates from the requirement, but the requirement functions to some extent, although not all of its important provisions are complied with.
(C) Minimal -- The act deviates in a minor way from the requirement. The requirement functions nearly as intended, but not as well as if all provisions had been met.
(2) Unless otherwise specified in this article, the extent of deviation of a single requirement may be major, moderate, or minimal depending on the totality of the circumstances.
(d) Matrix for Scoring. The Department shall use the matrix set forth in this subsection to determine the initial score for each Class I violation, selecting the score from the matrix cell that corresponds to the appropriate potential harm and extent of deviation categories.
Note: Authority cited: Sections 25150, 25200.21, 58004 and 58012, Health and Safety Code. Reference: Sections 25110.8.5, 25186, 25186.05, 25187 and 25189.2, Health and Safety Code.
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