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§ 6019.6. Criminal penalties

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 29B. Infectious and Chemotherapeutic Waste Disposal
35 P.S. § 6019.6
§ 6019.6. Criminal penalties
(a) Municipalities.--A municipality which violates a provision of this act, the regulations of the Department of Environmental Resources,1 an order of the department, or a term or condition of a permit commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs.
(b) Persons.--Any person, other than a municipal official exercising official duties, who violates a provision of this act, a regulation of the department, an order of the department, or a term or condition of a permit commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 nor more than $25,000 per day for each violation or to imprisonment for not more than one year, or both. Any person other than a municipal officer exercising official duties who, within two years after being convicted of or pleading guilty or no contest to a misdemeanor under this subsection, violates a provision of this act, a regulation of the department, an order of the department, or a term or condition of a permit commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $2,500 nor more than $50,000 for each violation or to imprisonment for not more than two years, or both.
(c) Knowing violations.--
(1) A person or municipality commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 nor more than $25,000 per day for each violation if the person or municipality knowingly does any of the following:
(i) Transports infectious or chemotherapeutic waste to a facility which does not have a permit under this act to accept such waste for storage, treatment or disposal.
(ii) Makes a false statement or representation in an application label, manifest, record, report, permit or other document relating to infectious or chemotherapeutic waste generation, storage, transportation, treatment or disposal, which is filed, submitted, maintained or used for purposes of compliance with this act.
(2) A municipality which knowingly stores, treats or disposes of any hazardous waste without having obtained a permit for such storage, treatment or disposal commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 nor more than $25,000 per day for each violation.
(3) A person or municipality that, within two years after being convicted of or pleading guilty or no contest to a misdemeanor for violation of this act, violates this subsection commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $2,500 nor more than $50,000 for each violation or to imprisonment for not less than two years nor more than 20 years, or both.

Credits

1988, July 13, P.L. 525, No. 93, § 6, imd. effective.

Footnotes

Now Department of Environmental Protection. See 71 P.S. § 1340.501.
35 P.S. § 6019.6, PA ST 35 P.S. § 6019.6
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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