§ 6029.108.1. Civil penalties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: September 9, 2002
Effective: September 9, 2002
35 P.S. § 6029.108.1
§ 6029.108.1. Civil penalties
(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.
(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.
(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.
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.
35 P.S. § 6029.108.1, PA ST 35 P.S. § 6029.108.1
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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