§ 1396.18e. Penalties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining
52 P.S. § 1396.18e
§ 1396.18e. Penalties
(a) Any person or municipality who violates any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to this act is guilty of a summary offense and, upon conviction, such person or municipality shall be subject to a fine of not less than one hundred dollars ($100) nor more than ten thousand dollars ($10,000) for each separate offense, and, in the default of the payment of such fine, a person shall be imprisoned for a period of ninety (90) days.
(b) Any person or municipality who wilfully or negligently violates any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to the act is guilty of a misdemeanor of the third degree and, upon conviction, shall be subject to a fine of not less than two thousand five hundred dollars ($2,500) nor more than twenty-five thousand dollars ($25,000) for each separate offense or to imprisonment in the county jail for a period of not more than one (1) year, or both.
(c) Any person or municipality who, after a conviction of a misdemeanor for any violation within two (2) years as above provided, wilfully or negligently violates any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to this act is guilty of a misdemeanor of the second degree and, upon conviction, shall be subject to a fine of not less than two thousand five hundred dollars ($2,500) nor more than fifty thousand dollars ($50,000) for each separate offense or to imprisonment for a period of not more than two (2) years, or both.
(e) All summary proceedings under the provisions of this act may be brought before any district justice of the county where the offense occurred or any unlawful discharge of industrial waste or pollution was maintained, or in the county where the public is affected, and to that end jurisdiction is hereby conferred upon said district justices, subject to appeal by either party in the manner provided by law. In the case of any appeal from any such conviction in the manner provided by law for appeals from summary convictions, it shall be the duty of the district attorney of the county to represent the interests of the Commonwealth.
Credits
1945, May 31, P.L. 1198, § 18.5, added 1980, Oct. 10, P.L. 835, No. 155, § 13, imd. effective. Editorially renumbered from 52 P.S. § 1396.18e in 1993.
52 P.S. § 1396.18e, PA ST 52 P.S. § 1396.18e
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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