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§ 6029.108.1. Civil penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: September 9, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29L. Waste Tire Recycling Act (Refs & Annos)
Effective: September 9, 2002
35 P.S. § 6029.108.1
§ 6029.108.1. Civil penalties
(a) Authority to issue.--
(1) In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this act, any rule or regulation of the department or order of the department or any term or condition of any permit issued by the department, the department may assess a civil penalty upon a person for such violation. Such a penalty may be assessed whether or not the violation was willful or negligent.
(2) In determining the amount of the penalty, the department shall consider the willfulness of the violation, damage to air, water, land or other natural resources of the Commonwealth or their uses, cost of restoration and abatement, savings resulting to the person in consequence of such violation and other relevant factors.
(b) Notice and appeal.--
(1) When the department assesses a civil penalty, it shall inform the person or municipality of the proposed amount of said penalty.
(2) The person charged with the penalty shall then have 30 days to pay the penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall within such 30-day period file an appeal of such action with the Environmental Hearing Board.
(3) Failure to appeal within 30 days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.
(c) Amount.--The maximum civil penalty which may be assessed pursuant to this section is $25,000 per offense. Each violation for each separate day and each violation of any provision of this act, any rule or regulation under this act, any order of the department or any term or condition of a permit shall constitute a separate and distinct offense under this section.
(d) Deposit of penalties collected.--All penalties collected under this section and section 1081 shall be deposited into the Used Tire Pile Remediation Restricted Account established in section 110.2

Credits

1996, Dec. 19, P.L. 1478, No. 190, § 108.1, added 2002, July 10, P.L. 781, No. 111, § 6, effective in 60 days.

Footnotes

35 P.S. § 6029.108.
35 P.S. § 6029.110.
35 P.S. § 6029.108.1, PA ST 35 P.S. § 6029.108.1
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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