Evidence of Rehabilitation

Evidence of Rehabilitation. The Permit Board shall allow the applicant to submit evidence of rehabilitation and shall consider the applicant's efforts to prevent recurrence of the unlawful activity in its determination under Rule 7.15 of these Regulations. A. Items to be considered by the Permit Board shall include: (1) the applicant's record and history of implementing successful corrective actions undertaken to prevent or minimize the likelihood of recurrence of the offense; (2) whether the offense was an isolated event or repeated incident (i.e., part of a pattern of activity); (3) whether the applicant cooperated with governmental bodies during (3) investigations or voluntarily provided information regarding any offense under consideration; (4) the number and types of permits held by applicant and the experience of applicant in conducting its business; (5) implementation by the applicant of formal policies, training programs or management controls to substantially minimize or prevent the occurrence of future violations or unlawful activities; (6) implementation by the applicant of an environmental compliance audit program to assess and monitor compliance with environmental laws, rules, regulations and permit conditions; and (7) the applicant's discharge of individuals or severance of the interest of or affiliation with responsible parties who would otherwise cause the Permit Board to deny a permit. B. If the Permit Board finds pursuant to this section that mitigating factors exist or that the applicant has demonstrated rehabilitation, the Permit Board may issue, reissue or transfer the 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.