Section 25117.6 Of Article 2. Definitions From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 2.
25117.6
. (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.