What indicates an actual Substantive Violation?

An actual substantive violation is indicated by the creation of actual health or environmental hazards. This type of violation implies that there has been a failure to adhere to regulations or standards in a way that significantly impacts human health or the environment. Substantive violations are serious issues that reflect tangible risks resulting from non-compliance with legal requirements or regulations, rather than just procedural errors or lack of documentation.

In this context, non-compliance records and failure to submit paperwork pertain primarily to procedural violations rather than substantive issues. These could lead to more serious violations if they result in harmful consequences but do not, on their own, indicate an immediate threat to health or the environment. Similarly, minor documentation errors are typically viewed as less significant and do not reflect substantial risks or violations of regulations.

Overall, the creation of actual hazards signifies a direct and potentially dangerous outcome of non-compliance, which is the key characteristic of a substantive violation.