(A) If the participant diligently pursues compliance and corrects the violations that are disclosed in a report in accordance with Sections 48-56-130 and 48-56-140, the department may not commence an enforcement action for the violations.

(B) The department may not commence an enforcement action for violations covered by a compliance schedule that is approved under Section 48-56-140 during the period of the compliance schedule if the participant is not in violation of the schedule. If the participant violates the compliance schedule, the department may initiate procedures to revoke the cooperative agreement and may commence an enforcement action for the violations.

(C) Notwithstanding subsection (A), the department may at any time commence an enforcement action for violations if:

(1) significant environmental harm or a public health threat was caused by the violation;

(2) the department discovers the violations before submission of a report under Section 48-56-130;

(3) the department disapproves the compliance schedule or proposed actions under Section 48-56-140;

(4) the violation has resulted in a substantial economic benefit which gives the violator a clear economic advantage over its business competitors;

(5) the violation occurred within one year of a similar prior violation at the same facility;

(6) there is a violation of a judicial or administrative order against the facility; or

(7) the violation was committed intentionally, wilfully, or through criminal or gross negligence.

HISTORY: 2002 Act No. 318, Section 1.