“Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order, variance, or other requirement, whether procedural or substantive, that an enforcement agency or the board is authorized to implement or enforce pursuant to Part 5 (commencing with Section 45000) and that does not otherwise include any of the following:
(a) A violation that results in injury to persons or property or that presents a significant threat to human health or the environment.
(b) A knowing, willful, or intentional violation.
(c) A violation that is a chronic violation or that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the enforcement agency or board, whichever issues the notice to comply, shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements.
(d) A violation that results in an emergency response from a public safety agency.
(e) A violation that enables the violator to benefit economically from the noncompliance, either by reduced costs or competitive advantage.
(Added by Stats. 2008, Ch. 500, Sec. 7. Effective January 1, 2009.)
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