35 Pa. Stat. § 6022.302

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 6022.302 - Penalties and fines
(a) Civil penalty.-- A person who violates any of the emergency reporting, planning or notification requirements of, or fails to pay the fees outlined in, sections 201 through 207 or any regulations promulgated under those sections shall be subject to a civil penalty of not less than $1,000 and not more than $25,000. Each day of a continuing violation shall be considered a separate offense.
(b) Misdemeanor.--A person who:
(1) Knowingly and willfully fails to report the release of a hazardous substance or extremely hazardous substance as required by sections 205 and 206 commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 and not more than $2,500 for each separate offense or imprisonment in the county jail for a period of not more than one year, or both. For the purposes of this paragraph, each day of continued violation constitutes a separate offense.
(2) Intentionally obstructs or impairs, by force, violence, physical interference or obstacle, a representative of PEMA, a certified hazardous material response team or the local committee attempting to perform the duties and functions set forth in section 211 commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 and not more than $5,000 for each separate offense or imprisonment in the county jail for a period of not more than two years, or both.
(c) Disposition.--One half of all civil penalties and fines collected under this section shall be deposited into the Hazardous Material Response Fund and one-half shall be deposited into the appropriate county Hazardous Material Emergency Response Account.

35 P.S. § 6022.302

1990, Dec. 7, P.L. 639, No. 165, § 302, effective in 60 days.