(a) “Minor violation” means 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 not a class I violation.
(b) (1) A minor violation does not include any of the following:
(A) Any knowing, willful, or intentional violation of this chapter.
(B) Any violation of this chapter that enables the violator to benefit economically from noncompliance, either by reduced costs or competitive advantage.
(C) Any class II violation that is a chronic violation or that is committed by a recalcitrant violator.
(2) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of subparagraph (C) of paragraph (1), the department, or the local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180, shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the requirements of this chapter.
(Amended by Stats. 1995, Ch. 639, Sec. 4. Effective January 1, 1996.)
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