The department may decrease the penalty provided in section 1 of this chapter based on:

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

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

   1. (A) has clearly identifiable and quantifiable environmental benefits; and
   2. (B) is not otherwise required under federal, state, or local law, rules, or regulations; or

4. (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.