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Pennsylvania Statutes Title 35 P.S. Health and Safety § 770.11. Civil penalties

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Any person who misbrands any product or device subject to this act or who violates any provision of this act or any order, rule, regulation or standard issued or promulgated under this act may be assessed a civil penalty of not more than $25,000 per day for each violation.  The penalty may be assessed whether or not the violation was willful.  In determining the amount of the civil penalty, the department shall consider the willfulness of the violation, damage or injury to the Commonwealth or its citizens, cost of restoration and other relevant factors.  Violations on separate days shall be considered separate and distinct offenses under this section.  The person charged with the penalty shall have 30 days to pay the proposed 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 the 30-day period, file an appeal 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.  In the event a person contests the amount of the penalty, the issue on appeal shall be the amount of the proposed penalty if the fact of the violation was the subject of an appealable order of the department.

Cite this article: - Pennsylvania Statutes Title 35 P.S. Health and Safety § 770.11. Civil penalties - last updated January 01, 2019 |

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