722.17—Inability to comply.
        
        (a) 
         Neither a notice of violation nor a cessation order issued under this part may be vacated because of inability to comply.
    
    
        
        (b) 
         A permittee may not be deemed to have shown good cause for not suspending or revoking a permit by showing inability to comply.
    
    
        
        (c) 
         Unless caused by lack of diligence, inability to comply may be considered in mitigation of the amount of a civil penalty under  part 723 of this chapter and of the duration of the suspension of the permit under  § 722.16 of this part.