For a violation of a provision of this act, a regulation or order of the Department
of Environmental Resources 1 or a term or condition of a permit issued by the department, the department may assess
a civil penalty upon a person or municipality. 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; 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 the violation; and other relevant factors. When the department proposes to assess a civil penalty, it shall inform the person
or municipality of the proposed amount of the penalty. The person or municipality charged with the penalty shall then have 30 days to pay
the proposed penalty in full or, if the person or municipality wishes to contest either
the amount of the penalty or the fact of the violation, the person or municipality
must, within the 30-day period, file an appeal of the action with the Environmental
Hearing Board. Failure to appeal within 30 days shall result in a waiver of all legal rights to
contest the violation or the amount of the penalty. The maximum civil penalty which may be assessed under this section is $25,000 per
offense. Each violation for each separate day shall constitute a separate and distinct offense
under this section.
Now Department of Environmental Protection. See 71 P.S. § 1340.501.
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