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§ 2010.7. Administrative penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 P.S. AgricultureEffective: August 27, 2004

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 3 P.S. Agriculture (Refs & Annos)
Chapter 25A. Commercial Manure Hauler and Broker Certification Act
Effective: August 27, 2004
3 P.S. § 2010.7
§ 2010.7. Administrative penalties
Currentness
(a) Administrative penalty.--
(1) In addition to proceeding under any other remedy available at law or in equity for a violation of this act, the department may assess an administrative penalty of not more than $500 for the first day of each offense and $100 for each additional day of continuing violation. The factors for consideration in determining the amount of the penalty are:
(i) The seriousness of the violation.
(ii) The potential harm to the public.
(iii) The potential effect on the environment.
(iv) The willfulness of the violation.
(v) Previous violations.
(vi) The economic benefit to the violator for failing to comply with this act.
(2) If the department finds that a violation did not cause harm to human health or an adverse effect on the environment, the department may issue a warning in lieu of assessing a penalty if the agricultural operator, commercial manure broker or commercial manure hauler, upon notice, takes immediate action to resolve the violation and come into compliance.
(3) A person may appeal a penalty under this subsection to the secretary as follows:
(i) The appeal must be filed within 30 days of the date of the penalty assessment.
(ii) The secretary shall issue a decision on the appeal within 30 days of the filing of an appeal under subparagraph (i). If the secretary does not meet the time period under this subparagraph, the assessment of the penalty shall be deemed withdrawn.
(4) This subsection is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
(b) Collection.--In cases of inability to collect the administrative penalty or failure of a person to pay all or a portion of the penalty, the department may refer the matter to the Office of General Counsel or the Office of Attorney General, which shall be authorized to institute an action in the appropriate court to recover the penalty. A penalty assessed shall operate as a lien on the property of the person against whom the penalty has been assessed.

Credits

2004, June 28, P.L. 454, No. 49, § 7, effective in 60 days [Aug. 27, 2004].
3 P.S. § 2010.7, PA ST 3 P.S. § 2010.7
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document