Current through Register Vol. 54, No. 36, September 7, 2024
Section 77.293 - Penalties(a)Cessation order.(1) The Department will assess a civil penalty of up to $5,000 per day for each violation of the act or any rule, regulation, order of the Department or a condition of any permit issued under the act which leads to a cessation order.(2) The Department will assess a civil penalty of up to $10,000 per day for each violation of The Clean Streams Law which leads to a cessation order.(3) If a violation involves a failure to correct within the period prescribed for its correction, a violation for which a cessation order or other abatement order has been issued, a civil penalty of at least $750 will be assessed for each day the violation continues beyond the period prescribed for its correction.(b)Civil penalty.(1) The Department may assess a civil penalty of up to $1000 per day for each violation of the act or any rule, regulation, order of the Department or a condition of any permit issued under the act, unless the operator demonstrates with clear and convincing evidence that the violations: (i) Result in no environmental damage.(ii) Result in no injury to persons or property.(iii) Are corrected within the required time prescribed for its abatement.(2) If the violation involves a failure to correct within the period prescribed for its correction, a violation for which a cessation order or other abatement order was not issued, a civil penalty of at least $250 will be assessed for each day the violation continues beyond the period prescribed for its correction.(3) The Department may assess a civil penalty of up to $10,000 per day for each violation of The Clean Streams Law.The provisions of this §77.293 adopted March 16, 1990, effective 3/17/1990, 20 Pa.B. 1643.Amended by Pennsylvania Bulletin, Vol 53, No. 33. August 19, 2023, effective 8/19/2023 This section cited in 25 Pa. Code § 77.294 (relating to system for assessment of penalties).