Pennsylvania Statutes Title 35 P.S. Health and Safety § 691.602. Penalties

(a) Any person or municipality who violates any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to this act is guilty of a summary offense and, upon conviction, such person or municipality shall be subject to a fine of not less than one hundred dollars ($100) nor more than ten thousand dollars ($10,000) for each separate offense, and, in default of the payment of such fine, a person shall be imprisoned for a period of ninety days.

(b) Any person or municipality who negligently violates any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to the act is guilty of a misdemeanor of the second degree and, upon conviction, shall be subject to a fine of not less than two thousand five hundred dollars ($2,500) nor more than twenty-five thousand dollars ($25,000) for each separate offense or to imprisonment for a period of not more than two years, or both.

(b.1) Any person or municipality who intentionally or knowingly violates any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to the act is guilty of a felony of the third degree and, upon conviction, shall be subject to a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000) for each separate offense or to imprisonment for a period of not more than seven years, or both.

(c) Any person or municipality who, after a conviction of a misdemeanor for any violation within two years as above provided, negligently violates any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to this act is guilty of a misdemeanor of the first degree and, upon conviction, shall be subject to a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000) for each separate offense or to imprisonment for a period of not more than five years, or both.

(d) Each day of continued violation of any provision of this act, any rule or regulation of the department, any order of the department, or any condition of any permit issued pursuant to this act shall constitute a separate offense.

(e) The maximum fines specified under this section are established pursuant to requirements set forth by the United States Environmental Protection Agency in accordance with the “Federal Water Pollution Control Act” (33 U.S.C. § 1251 et seq.) and in accordance with the “Surface Mining Control and Reclamation Act of 1977” (30 U.S.C. § 1201 et seq.).

(f) With respect to the offenses specified in this section, it is the legislative purpose to impose liability on corporations as set forth in 18 Pa.C.S. § 307 (relating to liability of organizations and certain related persons).