Section 86.193. Assessment of penalty

(a) The Department will assess a civil penalty for each violation which is included as a basis for a cessation order.

(b) The Department will assess a civil penalty for each violation if the violation is assessable in an amount of $1,100 or more under the system for assessment described in § 86.194 (relating to system for assessment of penalties).

(c) The Department may assess a penalty for each violation which is assessable in an amount less than $1,100 under the system for assessment described in § 86.194.

The provisions of this § 86.193 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6186. Immediately preceding text appears at serial pages (237134) to (237135).

Notation

Authority

The provisions of this § 86.193 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Notes of Decisions

Although the provisions dealing with penalties for mining activities on an unpermitted area had not been enacted at the time this case arose, the Board found that a $5000 penalty, using internal guidelines, for mining three acres of unpermitted land was reasonable. Western Hickory Coal Co. v. Department of Environmental Resources, 485 A.2d 877 (Pa. Cmwlth. 1984).

Cross References

This section cited in 25 Pa. Code § 86.194 (relating to system for assessment of penalties).