(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.

Source Note: The provisions of this §12.683 adopted to be effective April 7, 1997, 22 TexReg 3093.