SECTION 12.23. Costs and Expenses

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.

Source Note: The provisions of this §12.23 adopted to be effective April 7, 1997, 22 TexReg 3093.