1.  Department discretion.  In order to ensure that regulated entities that violate environmental requirements do not gain an economic advantage over regulated entities that comply with environmental requirements, this subchapter may not be construed to limit the discretion of the department to recover any economic benefit gained as a result of noncompliance by a regulated entity.  

2.  Waiver; insignificant economic benefit.  The department may waive the entire penalty, including any penalty for economic benefit gained as a result of noncompliance, for a regulated entity that meets all the requirements of section 349‑O when, in the department's opinion, the violation does not merit any penalty due to the insignificant amount of any economic benefit.