(1) The Commonwealth, through the Attorney General and the department, may initiate independent action to enforce any provision of this act, including failure by the manufacturer to submit a plan as required in section 305¹ or to remit the registration fee pursuant to section 304(a)² to the department.

(2) Any funds awarded by the court shall be used first to offset enforcement expenses. Money in excess of the enforcement expenses shall be deposited into the Electronic Materials Recycling Account and used to support the activities under this act.

(1) Any manufacturer who fails to label its new covered devices with a brand, as required by section 303,³ who fails to register with the department and pay a registration fee, as required by section 304(a), may be assessed a penalty of up to $10,000 for the first violation and up to $25,000 for the second and each subsequent violation in addition to paying for any fees, payments and penalties required by or imposed pursuant to this act.

(2) Except as otherwise provided under paragraph (1), any person, including a retailer, who violates any requirement of this act may be assessed a penalty of up to $1,000 for the first violation and up to $2,000 for the second and each subsequent violation, in addition to paying for any fees, payments and penalties required by or imposed pursuant to this act.

(3) All penalty moneys collected under paragraphs (1) and (2) shall be deposited into the Electronic Materials Recycling Account and used to support the activities under this act.