Home Table of Contents

§ 6026.905. Enforcement

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 29I. Land Recycling and Environmental Remediation Standards Act (Refs & Annos)
Chapter 9. Miscellaneous Provisions
35 P.S. § 6026.905
§ 6026.905. Enforcement
(a) General.--The department is authorized to use the enforcement and penalty provisions applicable to the environmental medium or activity of concern, as appropriate, established under the act of June 22, 1937 (P.L. 1987, No. 394),1 known as The Clean Streams Law, the act of January 8, 1960 (1959 P.L. 2119, No. 787),2 known as the Air Pollution Control Act, the act of July 7, 1980 (P.L. 380, No. 97),3 known as the Solid Waste Management Act, the act of July 13, 1988 (P.L. 525, No. 93),4 referred to as the Infectious and Chemotherapeutic Waste Law, the act of October 18, 1988 (P.L. 756, No. 108),5 known as the Hazardous Sites Cleanup Act, or the act of July 6, 1989 (P.L. 169, No. 32),6 known as the Storage Tank and Spill Prevention Act, to enforce the provisions of this act.
(b) No defense to illegal activities.--The provisions of this act do not create a defense against the imposition of criminal and civil fines or penalties or administrative penalties otherwise authorized by law and imposed as the result of the illegal disposal of waste or for the pollution of the land, air or waters of this Commonwealth on the identified site.
(c) Fraud.--Any person who willfully commits fraud demonstrating attainment with one or more standards established under this act shall, upon conviction, be subject to an additional penalty of $50,000 for each separate offense or to imprisonment for a period of not more than one year for each separate offense, or both. Each day shall be a separate offense.
(d) Criminal convictions.--If a person is convicted in a court of competent jurisdiction of a violation of the criminal provisions of an act identified in section 1067 in the degree of misdemeanor or felony and the violation arises from unlawful conduct which results in a release at a site, the court may, in addition to any fines, imprisonment or other penalties imposed under the appropriate act, order the person to perform remediation at the site consistent with the provisions and standards established under section 302 or 303.8

Credits

1995, May 19, P.L. 4, No. 2, § 905, effective in 60 days.

Footnotes

35 P.S. § 691.1 et seq.
35 P.S. § 4001 et seq.
35 P.S. § 6018.101 et seq.
35 P.S. § 6019.1 et seq.
35 P.S. § 6020.101 et seq.
35 P.S. § 6021.101 et seq.
35 P.S. § 6026.106.
35 P.S. §§ 6026.302, 6026.303.
35 P.S. § 6026.905, PA ST 35 P.S. § 6026.905
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document