1. (a) “Degree of non-compliance” means the status of compliance of an operator with the financial assurance requirements. An operator is either: 1) partially out of compliance with the requirements (“Minor”); or 2) completely out of compliance with the requirements (“Major”).

2. (b) “Potential for harm” means the degree to which operator's actions adversely affect the public health, safety and the environment. This potential is based on the anticipated closure date for a facility. If the anticipated closure date is:

   1) 2 years or less the potential for harm is “Major.”

   2) more than 2 years and up to 10 years, the potential for harm is “Moderate.”

   3) over 10 years the potential for harm is “Minor.”

Note: Authority cited: Sections 40502, 43040 and 43601.5, Public Resources Code. Reference: Sections 43040, 43500 through 43610.1, Public Resources Code.

History

1. New section filed 6-3-97; operative 7-3-97 (Register 97, No. 23).