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§ 6022.302. Penalties and fines

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29E. Hazardous Material Emergency Planning and Response Act
Chapter 3. Miscellaneous Provisions
35 P.S. § 6022.302
§ 6022.302. Penalties and fines
(a) Civil penalty.--A person who violates any of the emergency reporting, planning or notification requirements of, or fails to pay the fees outlined in, sections 201 through 2071 or any regulations promulgated under those sections shall be subject to a civil penalty of not less than $1,000 and not more than $25,000. Each day of a continuing violation shall be considered a separate offense.
(b) Misdemeanor.--A person who:
(1) Knowingly and willfully fails to report the release of a hazardous substance or extremely hazardous substance as required by sections 205 and 206 commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 and not more than $2,500 for each separate offense or imprisonment in the county jail for a period of not more than one year, or both. For the purposes of this paragraph, each day of continued violation constitutes a separate offense.
(2) Intentionally obstructs or impairs, by force, violence, physical interference or obstacle, a representative of PEMA, a certified hazardous material response team or the local committee attempting to perform the duties and functions set forth in section 2112 commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 and not more than $5,000 for each separate offense or imprisonment in the county jail for a period of not more than two years, or both.
(c) Disposition.--One half of all civil penalties and fines collected under this section shall be deposited into the Hazardous Material Response Fund and one-half shall be deposited into the appropriate county Hazardous Material Emergency Response Account.

Credits

1990, Dec. 7, P.L. 639, No. 165, § 302, effective in 60 days.

Footnotes

35 P.S. §§ 6022.201 to 6022.207.
35 P.S. § 6022.211.
35 P.S. § 6022.302, PA ST 35 P.S. § 6022.302
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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