Appropriate costs and expenses including attorneys' fees may be awarded:
- (1) To any person from the permittee, if the person initiates any administrative proceedings reviewing enforcement actions, upon a finding that a violation of the act, regulations, or permit has occurred, or that an imminent hazard existed, or to any person who participates in an enforcement proceeding where such a finding is made if the hearing examiner or the Director determines that the person made a substantial contribution to the full and fair determination of the issues.
- (2) To any person other than a permittee or his representative from DOM, if the person initiates or participates in any proceeding under the act upon a finding that the person made a substantial contribution to a full and fair determination of the issues.
- (3) To a permittee from DOM when the permittee demonstrates that DOM issued an order of cessation, a notice of violation or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee.
- (4) To a permittee from any person where the permittee demonstrates that a person initiated a proceeding under Section 786 of the act or participated in such a proceeding in bad faith for the purpose of harassing or embarrassing the permittee.
- (5) To DOM where it demonstrates that any person applied for review pursuant to Section 786 of the act or that any party participated in such a proceeding in bad faith and for the purpose of harassing and embarrassing the government.