Title 25--ENVIRONMENTAL PROTECTION DEPARTMENT OF ENVIRONMENTAL PROTECTION [25 PA. CODE CH. 86] Corrective Amendment to 25 Pa. Code § 86.194(f)(1) [30 Pa.B. 4898] The Department of Environmental Protection has discovered a discrepancy between the agency text of 25 Pa. Code § 86.194(f)(1) (relating to system for assessment of penalties) as deposited with the Legislative Reference Bureau and the official text as published at 27 Pa.B. 6186, 6189 (November 29, 1997), and as currently appearing in the Pennsylvania Code.
Therefore, under 45 Pa.C.S. § 901: The Department of Environmental Protection has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 86.194(f)(1). The corrective amendment to 25 Pa. Code § 86.194(f)(1) is effective as of November 29, 1997.
The correct version of 25 Pa. Code § 86.194(f)(1) appears in Annex A, with ellipses referring to the existing text of the regulation.
JAMES M. SEIF,
SecretaryAnnex A TITLE 25. ENVIRONMENTAL PROTECTION PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES ARTICLE I. LAND RESOURCES CHAPTER 86. SURFACE AND UNDERGROUND COAL MINING Subchapter G. CIVIL PENALTIES FOR COAL MINING ACTIVITIES § 89.194. System for assessment of penalties.
* * * * * (f) Revision of civil penalty.
(1) The Department, upon its own initiative or upon written request received within 15 days of issuance of an order or cessation order, may revise a civil penalty calculated in accordance with the dollar limits in subsection (b), if the Department determines that, taking into account exceptional factors present in the particular case, the civil penalty is demonstrably unjust. The Department will not reduce the civil penalty on the basis of an argument that a reduction in civil penalty could be used to abate violations of the acts, this chapter, Chapter 87, 88, 89 or 90, or a condition of a permit or exploration approval. The basis for every revision of a civil penalty shall be fully explained and documented in the records of the case.
* * * * * [Pa.B. Doc. No. 00-1631. Filed for public inspection September 22, 2000, 9:00 a.m.]
