25 Pa. Code § 77.293 - Penalties
(a)
Cessation order.
(1) The
Department will assess a civil penalty of up to $5,000 per day for each
violation of the act or any rule, regulation, order of the Department or a
condition of any permit issued under the act which leads to a cessation
order.
(2) The Department will
assess a civil penalty of up to $10,000 per day for each violation of The Clean
Streams Law which leads to a cessation order.
(3) 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 of the act or any rule, regulation,
order of the Department or a condition of any permit issued under the act,
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.
(3) The Department may
assess a civil penalty of up to $10,000 per day for each violation of The Clean
Streams Law.
Notes
This section cited in 25 Pa. Code § 77.294 (relating to system for assessment of penalties).
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