40.17.280 Potential for Harm

The SHWMC was adopted in order to prevent harm to human health and the environment. Thus, noncompliance with any requirement of the SHWMC can result in a situation where there is a potential for harm to human health or the environment. In addition to those violations that involve actual or potential contamination from the release of hazardous wastes or substances, violations such as failure to comply with recordkeeping requirements create a risk of harm to the environment or human health as well as undermine the integrity of the Tribal regulatory program. Accordingly, the assessment of the potential for harm resulting from a violation should be based on two factors:

(a) the risk of human or environmental exposure to hazardous waste and/or hazardous constituents that may be posed by noncompliance, and

(b) the adverse effect noncompliance may have on Tribal regulatory purposes or procedures for implementing the SHWMC.