An award may be made pursuant to §134.172 of the Act: (1) to the Commission when it demonstrates that any person applied for review pursuant to §§134.161-134.173 of the Act or that any party participated in such a proceeding in bad faith and for the purpose of harassing or embarrassing the Commission; (2) to a permittee from any person when the permittee demonstrates that the person initiated a proceeding under §§134.161-134.173 of the Act or participated in such a proceeding in bad faith and for the purpose of harassing or embarrassing the permittee; (3) to a permittee from the Commission when the permittee demonstrates that the Commission 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 any person other than a
permittee or his representative from the Commission 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; or (5) 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 when such finding is made if the Commission determines that the person made a substantial contribution to the full and fair determination of the issues.
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