SECTION 460:2-23-5. Who may receive an award

  Appropriate costs and expenses including attorneys' fees may be awarded:

(1)   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 where such a finding is made if the hearing examiner or the Director determines that the person made a substantial contribution to the full and fair determination of the issues.

(2)   To any person other than a permittee or his representative from DOM, 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.

(3)   To a permittee from DOM when the permittee demonstrates that DOM 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 a permittee from any person where the permittee demonstrates that a person initiated a proceeding under Section 786 of the act or participated in such a proceeding in bad faith for the purpose of harassing or embarrassing the permittee.

(5)   To DOM where it demonstrates that any person applied for review pursuant to Section 786 of the act or that any party participated in such a proceeding in bad faith and for the purpose of harassing and embarrassing the government.