- (1) No cessation order or notice of violation issued under this Rule may be vacated because of inability to comply.
- (2) Inability to comply may not be considered in determining whether a pattern of violations exists.
- (3) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under Rule 880-X-11D and of the duration of the suspension of a permit under Rule 880-X-11C-.04(5).
Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 79, 80, 85, 92,93, 94, 95.