§ 2109. Enforcement and penalties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)
63 P.S. § 2109
§ 2109. Enforcement and penalties
(b) Cities of the first class and counties of the second class.--Nothing in this act shall be construed as affecting ordinances regulating asbestos abatement projects in cities of the first class or counties of the second class or the licensing and accreditation of asbestos occupations in cities of the first class or counties of the second class in so much as such ordinances are at least as stringent as this act. The duly appointed officers of cities of the first class or counties of the second class shall be equally responsible with the secretary for the enforcement of this act and the regulations of the department pertaining to the certification of asbestos occupations and the accreditation of asbestos occupation training courses.
(c) Powers of enforcement officers.--For the purposes of enforcing the provisions of this act, all the officers charged with its enforcement shall have the power to enter any of the buildings or structures enumerated in section 3,1 and no person shall hinder or delay, or interfere with any of the said officers in the performance of their duty nor refuse information necessary to determine compliance with the provisions of this act and the rules and regulations promulgated hereunder.
(1) Any person as defined in section 2,2 except a department, board, bureau or agency of the Commonwealth, engaging in unlawful conduct as set forth in this act, shall, for each offense, upon conviction in a summary proceeding, be sentenced to pay a fine of not less than $100 nor more than $1,000, plus the costs of prosecution, and, in default thereof, imprisonment for not less than ten days nor more than 30 days.
(2) Any person who willfully violates this act, including, but not limited to, falsifying documents or records required and submitted under this act, commits a misdemeanor of the third degree for the first two violations and shall, upon conviction, be sentenced to pay a fine of not more than $1,000, plus the costs of prosecution, or to imprisonment for not more than 90 days, or both. For each subsequent violation, a person commits a misdemeanor of the first degree and shall, upon conviction, be sentenced to pay a fine of not more than $2,500, plus the costs of prosecution, or to imprisonment for not more than one year, or both.
(e) Civil penalty.--In addition to any other civil remedy or criminal penalty provided for in this act, the department may levy a civil penalty of not more than $1,000 a day for an initial violation and a civil penalty of not more than $5,000 a day for each subsequent violation committed within a three-year period and arising from willful violation of this act.
Credits
1990, Dec. 19, P.L. 805, No. 194, § 9, effective July 1, 1991. Amended 1998, Dec. 21, P.L. 1258, No. 161, § 5, effective in 60 days.
63 P.S. § 2109, PA ST 63 P.S. § 2109
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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