The department may decrease the penalty provided in section 1 of this chapter based on:(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.
Indiana Legal Code