No regulated entity shall be entitled to avail itself of the compliance incentives set forth in § 42-17.8-3 where:
(1) The regulated entity fails to comply with the conditions set forth in §§ 42-17.8-5, 42-17.8-6, and 42-17.8-7;
(2) The regulated entity’s conduct and/or violations demonstrate a willful or knowing or reckless disregard for complying with environmental laws or a management pattern or practice that has the effect of condoning or concealing violations of environmental laws;
(3) Gross negligence on the part of the regulated entity;
(4) The violation resulted in serious, actual harm or created an imminent and substantial endangerment to human health, public safety, or the environment;
(5) The violation(s) in question is a “repeat violation” that has occurred within the past three (3) years at the same facility, or is part of a pattern of federal, state, or local violations by the regulated entity. For the purposes of this section, a violation is:
(i) Any violation of federal, state, or local environmental law identified in a judicial or administrative order, consent agreement, or order by the department, EPA or other governmental agency, a conviction or plea agreement; or
(ii) Any act or omission for which the regulated entity has previously received penalty mitigation from EPA or the department or local agency;
(6) The regulated entity fails to cooperate fully with the department by providing such information as is necessary for the department to determine applicability of this chapter. Cooperation includes, at a minimum, providing the department with all relevant documents, access to the regulated entity’s facility(ies), and assistance in investigating the violation and any environmental consequences resulting from the violation.