Section 4000.1704 - Civil penalties(a)Assessment.--In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this act, the regulations promulgated hereunder, any order of the department issued hereunder or any term or condition of an approved municipal waste management plan, 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; the effect on the municipal waste planning process; damage to air, water, land or other natural resources of this Commonwealth or their uses; cost of restoration and abatement; savings resulting to the person in consequence of such violation; deterrence of future violations; and other relevant factors. If the violation leads to issuance of a cessation order, a civil penalty shall be assessed.(b)Escrow.--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, either to forward the proposed amount to the department for placement in an escrow account with the State Treasurer or with a bank in this Commonwealth or to post an appeal bond in the amount of the penalty. The bond must be executed by a surety licensed to do business in this Commonwealth and must be satisfactory to the department. If, through administrative or judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the department shall, within 30 days, remit the appropriate amount to the person, with an interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond to the department within 30 days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.(c)Amount.--The maximum civil penalty which may be assessed pursuant to this section is $10,000 per violation. Each violation for each separate day and each violation of any provision of this act, any regulation promulgated hereunder, any order issued hereunder or the terms or conditions of any approved municipal waste management plan shall constitute a separate offense under this section.(d)Statute of limitations.--Notwithstanding any other provision of law to the contrary, there shall be a statute of limitations of five years upon actions brought by the Commonwealth under this section. 1988, July 28, P.L. 556, No. 101, § 1704, effective in 60 days.