Section 721.13 - Penalties and remedies(a) Duty to comply with orders of the department.--It shall be the duty of any person to proceed diligently to comply with any order issued pursuant to section 5 . If such person fails to proceed diligently or fails to comply with the order within such time, if any, as may be specified, the person shall be guilty of contempt and shall be punished by the court in an appropriate manner and for this purpose, application may be made by the department to the Commonwealth Court, which court is hereby granted jurisdiction.(b) Civil action to compel compliance.--Any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this act or any rule, regulation, order or permit issued pursuant to this act:(1) against the department where there is alleged a failure of the department to perform any act which is not discretionary with the department. Jurisdiction for such actions is in Commonwealth Court; or(2) against any other person alleged to be in violation of any provision of this act or any rule, regulation, order or permit issued pursuant to this act. Any other provision of law to the contrary notwithstanding, the courts of common pleas shall have jurisdiction of such actions and venue in such actions shall be as set forth in the Rules of Civil Procedure concerning actions in assumpsit.(c) Summary offense.--Any person who violates any provision of this act, or any rule or regulation of the department, any order of the department, or any condition of any permit of the department issued pursuant to this act, is guilty of a summary offense and, upon conviction, shall be subject to a fine of not less than $50 nor more than $5,000, and costs, for each separate offense and, in default of the payment of such fine or costs, a person shall be subject to imprisonment for not less than 30 days nor more than 90 days.(d) Misdemeanor of the third degree.--Any person who willfully or negligently violates any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to the act is guilty of a misdemeanor of the third degree and, upon conviction, shall be subject to a fine of not less than $1,250 nor more than $12,500 for each separate offense or to imprisonment for a period of not more than one year, or both.(e) Misdemeanor of the second degree.--Any person who, after a conviction of a misdemeanor for any violation within two years as above provided, willfully or negligently violates any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to this act is guilty of a misdemeanor of the second degree and, upon conviction, shall be subject to a fine of not less than $1,250 nor more than $25,000 for each offense or to imprisonment for a period of not more than two years, or both.(f) Preenforcement conference.--Notwithstanding any other provision of this act, before the department shall institute any criminal proceedings against any person pursuant to subsections (c), (d) and (e) it shall, in writing, provide such person with an opportunity for a preenforcement conference.(g) 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. When the department assesses a civil penalty, it shall inform the person of the amount of the penalty. The person charged with the penalty shall then have 30 days to pay the 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 the 30-day period, file an appeal of the 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 $5,000 per day for each violation. Each violation for each separate day and each violation of any provision of this act, any rule or regulation under this act, any order to the department or any term or condition of the permit shall constitute a separate and distinct offense under this section.(h) Penalties to be concurrent.--The penalties and remedies prescribed by this act shall be deemed concurrent and the existence of or exercise of any remedy shall not prevent the department from exercising any other remedy hereunder, at law or in equity.(i) Separate offenses.--Violations on separate days shall constitute separate offenses for purposes of this act.(j) Tampering with public water systems.--(1) Any person who endangers the health of persons by knowingly introducing any contaminant into a public water system or tampering with a public water system shall be fined not more than $50,000 or imprisoned for not more than five years, or both.(2) Any person who attempts to endanger or makes a threat to endanger the health of persons by knowingly introducing any contaminant into a public water system or tampering with a public water system shall be fined not more than $20,000 or imprisoned for not more than three years, or both.(3) The department may bring a civil action in the appropriate court of common pleas against any person who endangers, attempts to endanger or makes a threat to endanger the health of persons or otherwise renders the water unfit for human consumption by the introduction of any contaminant into a public water system or tampering with a public water system. The court may impose on such person a civil penalty of not more than $50,000 for each day that such endangerment or inability to consume the water exists.1984, May 1, P.L. 206, No. 43, § 13, effective 12/8/1984.