(1) a good faith effort or cooperation of a business required to correct a violation before or after disclosure of the violation;

(2) the ability of a business required to correct the violation to pay the penalty;

(3) an agreement that a business required to correct a violation will offset the payment of a civil penalty by a project that:

(A) has clearly identifiable and quantifiable environmental benefits; and

(B) is not otherwise required under federal, state, or local law, rules, or regulations; or

(4) other mitigating factors within the discretion of the department.

[Pre-1996 Recodification Citation: 13-7-5-3.3(g).]

As added by P.L.1-1996, SEC.20.