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§ 6019.5. Civil 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. § 6019.5
§ 6019.5. Civil penalties
For a violation of a provision of this act, a regulation or order of the Department of Environmental Resources1 or a term or condition of a permit issued by the department, the department may assess a civil penalty upon a person or municipality. A penalty may be assessed whether or not the violation was willful or negligent. 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 this Commonwealth or their uses; cost of restoration and abatement; savings resulting to the person in consequence of the violation; and other relevant factors. When the department proposes to assess a civil penalty, it shall inform the person or municipality of the proposed amount of the penalty. The person or municipality charged with the penalty shall then have 30 days to pay the proposed penalty in full or, if the person or municipality wishes to contest either the amount of the penalty or the fact of the violation, the person or municipality must, within the 30-day period, file an appeal of the action with the Environmental Hearing Board. 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. The maximum civil penalty which may be assessed under this section is $25,000 per offense. Each violation for each separate day shall constitute a separate and distinct offense under this section.


1988, July 13, P.L. 525, No. 93, § 5, imd. effective.


Now Department of Environmental Protection. See 71 P.S. § 1340.501.
35 P.S. § 6019.5, PA ST 35 P.S. § 6019.5
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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