40.17.290 Risk of Exposure

The risk of exposure presented by a given violation depends on both the likelihood that human or other environmental receptors may be exposed to hazardous waste and/or hazardous substances and the degree of such potential exposure. Evaluating the risk of exposure may be simplified by considering the factors which follow below.

(a) Probability of Exposure: Where a violation involves the actual management of waste, a penalty should reflect the probability that the violation could have resulted in, or has resulted in a release of waste or waste constituents, or hazardous conditions posing a threat of exposure to waste or waste constituents. The determination of the likelihood of a release should be based on whether the integrity and/or stability of the waste management unit or waste management practice is likely to have been compromised.