§ 42-17.8-4. Exceptions. No regulated entity shall be entitled to avail itself of the compliance incentives set forth in § 42-17.8-3 where:

(1) The regulated entity fails to comply with the conditions set forth in §§ 42-17.8-5, 42-17.8-6 and 42-17.8-7;

(2) The regulated entity's conduct and/or violations demonstrate a willful or knowing or reckless disregard for complying with environmental laws or a management pattern or practice that has the effect of condoning 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 created an imminent and substantial endangerment to human health, public safety or the environment;

(5) The violation(s) in question is a "repeat violation" that has occurred within the past three (3) years at the same facility, or is part of a pattern of federal, state or local violations by the regulated entity. For the purposes of this section, a violation is:

(i) Any violation of federal, state or local environmental law identified in a judicial or administrative order, consent agreement, or order by the department, EPA or other governmental agency, a conviction or plea agreement; or

(ii) Any act or omission for which the regulated entity has previously received penalty mitigation from EPA or the department or local agency.

(6) The regulated entity fails to cooperate fully with the department by providing such information as is necessary for the department to determine applicability of this chapter. Cooperation includes, at a minimum, providing the department with all relevant documents, access to the regulated entity's facility(ies) and assistance in investigating the violation and any environmental consequences resulting from the violation.

History of Section. (P.L. 1997, ch. 196, § 1; P.L. 2001, ch. 141, § 1.)