Section 8-4 - EXCEPTIONS TO PENALTY WAIVER (a) The penalty wavier is unavailable if: - (i) The Department has previously issued a warning letter, a notice of violation or taken other enforcement action against the small business for violation of the same standard disclosed to the Department;
- (ii) The small business has been subject to three or more enforcement actions for any non-compliance of environmental regulations within the last 5 years;
- (iii) The small business violates a Department permit or order of the Council;
- (iv) The small business is under investigation for any violation of the Act at the time it discloses the violation to the Department, seeks compliance assistance from the Department or participates in an outreach seminar;
- (v) The violation involves criminal conduct;
- (vi) The violation results in a significant economic advantage for the business;
- (vii) The violation was committed willfully;
- (ix) The violation presents a significant threat or imminent and substantial endangerment to public health or the environment;