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§ 2308. Enforcement

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 58 Pa.C.S.A. Oil and GasEffective: February 14, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 58 Pa.C.S.A. Oil and Gas (Refs & Annos)
Part II. Oversight and Development
Chapter 23. Unconventional Gas Well Fee (Refs & Annos)
Effective: February 14, 2012
58 Pa.C.S.A. § 2308
§ 2308. Enforcement
(a) Assessment.--The commission shall assess interest on any delinquent fee at the rate determined under section 2307(a) (relating to commission).
(b) Penalty.--In addition to the assessed interest under subsection (a), if a producer fails to make timely payment of the fee, there shall be added to the amount of the fee due a penalty of 5% of the amount of the fee if failure to file a timely payment is for not more than one month, with an additional 5% penalty for each additional month, or fraction of a month, during which the failure continues, not to exceed 25% in the aggregate.
(c) Timely payment.--If the commission determines that a producer has not made a timely payment of the fee, the commission shall send written notice of the amount of the deficiency to the producer within 30 days from the date of determining the deficiency. The commission shall notify the department of a producer that has failed to pay the fee for any unconventional gas well under section 2302 (relating to unconventional gas well fee). If the producer does not have a pending appeal related to payment of the fee in process, the department shall suspend the permit for that well until the fee has been paid.
(d) Remedies.--The remedies provided under this chapter are in addition to any other remedies provided by law or in equity.
(e) Lien.--Fines, fees, interest and penalties shall be collectible as authorized by law for the collection of debts. If the producer liable to pay an amount neglects or refuses to pay the amount after demand, the amount, together with costs, shall be a judgment in favor of the Commonwealth upon the property of the producer, but only after the judgment has been entered, docketed and recorded by the prothonotary of the county where the property is situated. The Commonwealth shall transmit to the prothonotaries of the respective counties certified copies of the judgments. Each prothonotary shall enter, docket and record the record in the prothonotary's office and index each judgment, without requiring the payment of costs as a condition precedent to the entry of the judgment.

Credits

2012, Feb. 14, P.L. 87, No. 13, § 1, imd. effective.
58 Pa.C.S.A. § 2308, PA ST 58 Pa.C.S.A. § 2308
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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