(a) Imposition.--Except as provided in subsection (b), the department shall impose a penalty upon a recipient for any of the following: (1) Failing to create the number of jobs specified in the recipient's application.(2) Failing to inject the required amount of private matching funds into the project.(3) Failing to operate at the project site for a minimum period of five years.(b) Exception.--The department may waive the penalty required by subsection (a) if the department determines that the failure was due to circumstances outside the control of the recipient.(c) Amount.--The amount of the penalty shall be equal to the full amount of the grant received plus an additional amount of up to 10% of the amount of the grant received. The penalty shall be payable in one lump sum or in installments, with or without interest, as the department deems appropriate.2004, Feb. 12, P.L. 99, No. 12, § 2, imd. effective.