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§ 693.21. Civil penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part II. Waters (Refs & Annos)
Chapter 25A. Dam Safety and Encroachments (Refs & Annos)
32 P.S. § 693.21
§ 693.21. Civil penalties
(a) In addition to proceeding under any other remedy available at law or equity for:
(1) a violation of a provision of this act or any rule or regulation issued hereunder;
(2) a violation of any order of the department; or
(3) engaging in any unlawful conduct under the provisions of this act;
the hearing board, in an action instituted before it by the department, may assess a civil penalty upon any person for such violation or unlawful conduct. Such a penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $10,000, plus $500 for each day of continued violation. In determining the amount of the civil penalty, the board shall consider the willfulness of the violation, damage or injury to the stream regimen and downstream areas of the Commonwealth, cost of restoration, the cost to the Commonwealth of enforcing the provisions of the act against such person, and other relevant factors. The assessment of the civil penalty shall be made after hearing, unless hearing is specifically waived by the respondent.
(b) Civil penalties shall be payable to the Commonwealth and shall be collectible in any manner provided by law for the collection of debts. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall be a lien in favor of the Commonwealth upon the property, both real and personal, of such person but only after the amount of the lien has been entered and docketed of record by the prothonotary of the county where the property is situated. The board may, at any time, transmit to the prothonotaries of the respective counties certified copies of all such liens, and it shall be the duty of each prothonotary to enter and docket the same of record in his office, and to index the same as judgments are indexed.
(c) Any officer of any corporation, association, municipality or county, who knowingly, willfully, recklessly or with gross negligence engages in or authorizes unlawful conduct as defined in this act shall be subject to the imposition of civil penalties in accordance with subsection (a). Any civil penalty imposed upon such officer shall be in addition to and separate from any civil penalty imposed upon the corporation, association, municipality or county. Nothing in this subsection shall be construed to affect the liability or duty of any officer of a corporation, association, municipality or county for the purposes of criminal penalties imposed under this act, or for the purposes of any other rights or remedies now or hereafter existing or herein provided.

Credits

1978, Nov. 26, P.L. 1375, No. 325, § 21, effective July 1, 1979. Affected 1980, Oct. 5, P.L. 693, No. 142, § 332, effective in 60 days.
32 P.S. § 693.21, PA ST 32 P.S. § 693.21
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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