“Class I violation” means any of the following:

(a)  A deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or interim status document condition adopted pursuant to this chapter, that is any of the following:

(1)  The deviation represents a significant threat to human health or safety or the environment because of one or more of the following:

(A)  The volume of the waste.

(B)  The relative hazardousness of the waste.

(C)  The proximity of the population at risk.

(2)  The deviation is significant enough that it could result in a failure to accomplish any of the following:

(A)  Ensure that hazardous waste is destined for, and delivered to, an authorized hazardous waste facility.

(B)  Prevent releases of hazardous waste or constituents to the environment during the active or postclosure period of facility operation.

(C)  Ensure early detection of releases of hazardous waste or constituents.

(D)  Ensure adequate financial resources in the case of releases of hazardous waste or constituents.

(E)  Ensure adequate financial resources to pay for facility closure.

(F)  Perform emergency cleanup operations of, or other corrective actions for, releases.

(b)  The deviation is a Class II violation which is a chronic violation or committed by a recalcitrant violator. “Class II Violation” has the same meaning as defined in Section 66260.10 of Title 22 of the California Code of Regulations.

(Added by Stats. 1994, Ch. 1217, Sec. 2. Effective January 1, 1995.)