| (a) No cessation order or notice of violation issued under §§12.677-12.684 of this title (relating to Enforcement) may be vacated because of inability to comply. (b) Inability to comply may not be considered in determining whether a pattern of violations exists. (c) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under §§12.686-12.694 of this title (relating to Civil Penalties) and of the duration of the suspension of a permit.
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