In negotiating a final resolution of a penalty notice, the commissioner may mitigate a penalty upon his consideration of any of the following:

1. (1) The risks and costs associated with further litigation and whether such litigation would best serve the public interest.
2. (2) Any other factors the commissioner deems appropriate, including voluntary measures the Respondent agrees to undertake to prevent pollution or enhance or preserve natural resources.

(Adopted effective May 29, 2007)