(1) In addition to proceeding under any other remedy available at law or in equity
for a violation of any provision of this act, any rule or regulation of the department
or order of the department or any term or condition of any permit issued by the department,
the department may assess a civil penalty upon a person for such violation. Such a penalty may be assessed whether or not the violation was willful or negligent.
(2) 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 the Commonwealth
or their uses, cost of restoration and abatement, savings resulting to the person
in consequence of such violation and other relevant factors.
(b) Notice and appeal.--
(1) When the department assesses a civil penalty, it shall inform the person or municipality
of the proposed amount of said penalty.
(2) 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, the person shall within such 30-day period file an appeal of
such action with the Environmental Hearing Board.
(3) 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 pursuant to this section is $25,000
per offense. Each violation for each separate day and each violation of any provision of this
act, any rule or regulation under this act, any order of the department or any term
or condition of a permit shall constitute a separate and distinct offense under this
(d) Deposit of penalties collected.--All penalties collected under this section and section 108 1 shall be deposited into the Used Tire Pile Remediation Restricted Account established
in section 110. 2
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