35 Pa. Stat. § 6018.605

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 6018.605 - Civil penalties

In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this act, any rule or regulation of the department or order of the department or any term or condition of any permit issued by the department, the department may assess a civil penalty upon a person for such violation. Such a penalty may be assessed whether or not the violation was willful or negligent. In determining the amount of the penalty, the department shall consider the willfulness of the violation, damage to air, water, land or other natural resources of the Commonwealth or their uses, cost of restoration and abatement, savings resulting to the person in consequence of such violation, and other relevant factors. If the violation leads to the issuance of a cessation order or occurs after the release of security for performance, a civil penalty shall be assessed. When the department proposes to assess a civil penalty, it shall inform the person or municipality of the proposed amount of said penalty. The person charged with the penalty shall then have 30 days to pay the proposed penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall within such 30 day period file an appeal of such action with the Environmental Hearing Board. Failure to appeal within 30 days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty which may be assessed pursuant to this section is $25,000 per offense. Each violation for each separate day and each violation of any provision of this act, any rule or regulation under this act, any order of the department, or any term or condition of a permit shall constitute a separate and distinct offense under this section. A generator of hazardous waste who has complied with section 403 and has designated on the manifest a facility permitted to treat or dispose of his wastes shall not be held liable for civil penalties with respect to such wastes by other persons after:

(1) the wastes have been transported in compliance with all applicable provisions of this act and regulations promulgated and licenses issued thereunder; and

(2) such wastes have been accepted by a disposal or treatment facility permitted to receive such wastes and designated on the manifest.

35 P.S. § 6018.605

1980 , July 7, P.L. 380, No. 97, § 605, effective in 60 days.