§ 42-17.8-4 Exceptions. – No regulated entity shall be entitled to avail itself of the complianceincentives set forth in § 42-17.8-3 where:
(1) The regulated entity fails to comply with the conditionsset forth in §§ 42-17.8-5, 42-17.8-6 and 42-17.8-7;
(2) The regulated entity's conduct and/or violationsdemonstrate a willful or knowing or reckless disregard for complying withenvironmental laws or a management pattern or practice that has the effect ofcondoning or concealing violations of environmental laws;
(3) Gross negligence on the part of the regulated entity;
(4) The violation resulted in serious, actual harm or createdan imminent and substantial endangerment to human health, public safety or theenvironment;
(5) The violation(s) in question is a "repeat violation" thathas occurred within the past three (3) years at the same facility, or is partof a pattern of federal, state or local violations by the regulated entity. Forthe purposes of this section, a violation is:
(i) Any violation of federal, state or local environmentallaw identified in a judicial or administrative order, consent agreement, ororder by the department, EPA or other governmental agency, a conviction or pleaagreement; or
(ii) Any act or omission for which the regulated entity haspreviously received penalty mitigation from EPA or the department or localagency.
(6) The regulated entity fails to cooperate fully with thedepartment by providing such information as is necessary for the department todetermine applicability of this chapter. Cooperation includes, at a minimum,providing the department with all relevant documents, access to the regulatedentity's facility(ies) and assistance in investigating the violation and anyenvironmental consequences resulting from the violation.
§ 42-17.8-4 Exceptions. – No regulated entity shall be entitled to avail itself of the complianceincentives set forth in § 42-17.8-3 where:
(1) The regulated entity fails to comply with the conditionsset forth in §§ 42-17.8-5, 42-17.8-6 and 42-17.8-7;
(2) The regulated entity's conduct and/or violationsdemonstrate a willful or knowing or reckless disregard for complying withenvironmental laws or a management pattern or practice that has the effect ofcondoning or concealing violations of environmental laws;
(3) Gross negligence on the part of the regulated entity;
(4) The violation resulted in serious, actual harm or createdan imminent and substantial endangerment to human health, public safety or theenvironment;
(5) The violation(s) in question is a "repeat violation" thathas occurred within the past three (3) years at the same facility, or is partof a pattern of federal, state or local violations by the regulated entity. Forthe purposes of this section, a violation is:
(i) Any violation of federal, state or local environmentallaw identified in a judicial or administrative order, consent agreement, ororder by the department, EPA or other governmental agency, a conviction or pleaagreement; or
(ii) Any act or omission for which the regulated entity haspreviously received penalty mitigation from EPA or the department or localagency.
(6) The regulated entity fails to cooperate fully with thedepartment by providing such information as is necessary for the department todetermine applicability of this chapter. Cooperation includes, at a minimum,providing the department with all relevant documents, access to the regulatedentity's facility(ies) and assistance in investigating the violation and anyenvironmental consequences resulting from the violation.
§ 42-17.8-4 Exceptions. – No regulated entity shall be entitled to avail itself of the complianceincentives set forth in § 42-17.8-3 where:
(1) The regulated entity fails to comply with the conditionsset forth in §§ 42-17.8-5, 42-17.8-6 and 42-17.8-7;
(2) The regulated entity's conduct and/or violationsdemonstrate a willful or knowing or reckless disregard for complying withenvironmental laws or a management pattern or practice that has the effect ofcondoning or concealing violations of environmental laws;
(3) Gross negligence on the part of the regulated entity;
(4) The violation resulted in serious, actual harm or createdan imminent and substantial endangerment to human health, public safety or theenvironment;
(5) The violation(s) in question is a "repeat violation" thathas occurred within the past three (3) years at the same facility, or is partof a pattern of federal, state or local violations by the regulated entity. Forthe purposes of this section, a violation is:
(i) Any violation of federal, state or local environmentallaw identified in a judicial or administrative order, consent agreement, ororder by the department, EPA or other governmental agency, a conviction or pleaagreement; or
(ii) Any act or omission for which the regulated entity haspreviously received penalty mitigation from EPA or the department or localagency.
(6) The regulated entity fails to cooperate fully with thedepartment by providing such information as is necessary for the department todetermine applicability of this chapter. Cooperation includes, at a minimum,providing the department with all relevant documents, access to the regulatedentity's facility(ies) and assistance in investigating the violation and anyenvironmental consequences resulting from the violation.
