Consideration of Facts and Mitigating Circumstances

Consideration of Facts and Mitigating Circumstances. In determining whether to issue, reissue or transfer a permit for the treatment, processing, storage or disposal of nonhazardous solid waste at a commercial nonhazardous solid waste management facility or hazardous waste at a commercial hazardous waste management facility, the Permit Board shall consider the facts and any mitigating factors, including: A. the relevance of the offense to the business for which a permit is sought or the nature and responsibilities of the position which a convicted individual would hold; B. the nature and seriousness of the offense; C. the circumstances under which the offense occurred; D. the date of the offense; and E. the ownership and management structure of the applicant at the time of the offense.