| | | (3)__Environmental awareness projects substantially | | related to the violation that provide training, | | publications or technical support to members of the | | public and that are regulated by the Department of | | Conservation; or |
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| | | (4)__Scientific research and data collection projects | | that advance the scientific basis on which regulatory | | decisions are made. |
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| | | B.__A supplemental environmental project may not be used in | | the following situations: |
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| | | (1)__Repeat violations of the same or a substantially | | similar law administered by the Department of | | Conservation by the same person; |
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| | | (2) When a project is required by law; |
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| | | (3)__If the violator had previously planned and | | budgeted for the project; |
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| | | (4)__To offset any calculable economic benefit of | | noncompliance; |
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| | | (5)__If the violation is the result of reckless or | | intentional conduct; or |
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| | | (6)__If the project primarily benefits the violator. |
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| | | Any settlement that includes a supplemental environmental | | project must provide that expenditures are not tax | | deductible. |
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