Pennsylvania Statutes Title 35 P.S. Health and Safety § 6024.704. Civil penalties

(a) Assessment.--In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this act or any order of the department issued under this act, the department may assess a civil penalty upon a person for such violation.  In determining the amount of the penalty, the department shall consider the willfulness of the violation, savings resulting to the person in consequence of the violation, deterrence of future violations and other relevant factors.

(b) Escrow.--When the department assesses a civil penalty, it shall inform the person of the amount of the penalty.  The person charged with the penalty shall then have 30 days to pay the penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, either to forward the proposed amount to the department for placement in an escrow account with the State Treasurer or with a bank in this Commonwealth or to post an appeal bond in the amount of the penalty.  The bond must be executed by a surety licensed to do business in this Commonwealth and must be satisfactory to the department.  If, through administrative or judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the department shall, within 30 days, remit the appropriate amount to the person with any interest accumulated by the escrow deposit.  Failure to forward money or the appeal bond to the department 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 shall be $10,000 per violation.  Each violation of any provision of this act or any order issued under this act shall constitute a separate offense under this section.

(d) Period of limitation.--Action under this section must be brought within five years of the alleged violation.