Section 77.293. Penalties

(a) Cessation order. The Department will assess a civil penalty of up to $5,000 per day for each violation which leads to a cessation order. If a violation involves a failure to correct within the period prescribed for its correction, a violation for which a cessation order or other abatement order has been issued, a civil penalty of at least $750 will be assessed for each day the violation continues beyond the period prescribed for its correction.

(b) Civil penalty.

(1) The Department may assess a civil penalty of up to $1000 per day for each violation, unless the operator demonstrates with clear and convincing evidence that the violations:

(i) Result in no environmental damage.

(ii) Result in no injury to persons or property.

(iii) Are corrected within the required time prescribed for its abatement.

(2) If the violation involves a failure to correct within the period prescribed for its correction, a violation for which a cessation order or other abatement order was not issued, a civil penalty of at least $250 will be assessed for each day the violation continues beyond the period prescribed for its correction.

The provisions of this § 77.293 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.

Notation

Cross References

This section cited in 25 Pa. Code § 77.294 (relating to system for assessment of penalties).