Pennsylvania Statutes Title 35 P.S. Health and Safety § 6020.1104. Civil penalties

(a) General rule.--In addition to proceeding with any other remedy available at law or in equity for a violation of a provision of this act, a regulation or order of the department or a term or condition of a response approved by the department, the department may assess a civil penalty upon a person for the violation.  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 such violation;  and other relevant factors.

(b) Procedure.--When the department proposes to assess a civil penalty, it shall inform the person of the proposed amount of the penalty.  The person charged with the penalty shall then have 30 days to pay the proposed penalty in full.  When the person wishes to contest either the amount of the penalty or the fact of the violation, the person must, within the 30-day period, file an appeal of the action with the 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.

(c) Amount.--The maximum civil penalty which may be assessed under this section is $25,000 per offense.  Each violation for each separate day and each violation of a provision of this act, a regulation under this act, an order of the department or any term or condition of an approved response shall constitute a separate and distinct offense under this section.

(d) Minimum.--A person who fails to comply with an order issued under section 503   1 shall be subject to a minimum penalty of $5,000 for each day the order is violated.

(e) Additional penalties.--The Environmental Quality Board shall have the authority to establish, by regulation, specific major violations and additional mandatory minimum civil penalties.