§ 752.4. Penalty
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 752.4
§ 752.4. Penalty
(1) In addition to proceeding under any other remedy available at law or equity for violation of pretreatment standards and/or requirements, a publicly owned treatment works with an approved pretreatment program may assess a civil penalty upon an industrial user for the violation. The penalty may be assessed whether or not the violation was willful or negligent. The civil penalty shall not exceed $25,000 per day for each violation, regardless of jurisdictional boundaries. Each violation for each separate day shall constitute a separate and distinct offense under this section.
(b) Operational upsets.--For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pretreatment standard or requirement shall be treated as a single violation as required by the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.). The publicly owned treatment works may, however, recover its costs for reestablishing the operation of the POTW, in addition to any civil penalty imposed under this section.
(c) Policy.--The board of the publicly owned treatment works shall publicly adopt a formal, written civil penalty assessment policy and make it publicly available. Each industrial discharger participating in the pretreatment program shall be given written notice of the policy. In developing the penalty assessment policy, the publicly owned treatment works shall consider damage to air, water, land or other natural resources of this Commonwealth and their uses; cost of restoration and abatement; savings resulting to the person in consequence of the violation; history of past violations; deterrence of future violations; and other relevant factors.
(d) Uses for penalties.--Civil penalties collected pursuant to this act shall be placed in a restricted account and shall only be used by the publicly owned treatment works for the repair of damage and any additional maintenance needed or any additional costs imposed as a result of the violation for which the penalty was imposed, to pay any penalties imposed on the publicly owned treatment works by the Federal or State Government for violation of pretreatment standards, for the costs incurred by the publicly owned treatment works to investigate and take the enforcement action that resulted in a penalty being imposed, for the monitoring of discharges in the pretreatment program and for capital improvements to the treatment works, including sewage collection lines, which may be required by the pretreatment program. Any remaining funds may be used for capital improvements to the treatment works, including collection lines.
Credits
1992, March 26, P.L. 23, No. 9, § 4, effective in 30 days.
35 P.S. § 752.4, PA ST 35 P.S. § 752.4
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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