Pennsylvania Statutes Title 43 P.S. Labor § 1301.306. Civil penalties

Notwithstanding any other remedy available at law or in equity for a violation of this act, the Environmental Hearing Board shall have jurisdiction to assess a civil penalty upon a person who fails to comply with this act or any rule or regulation or the conditions of any permit or any order issued under this act. Such a penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $100 per day for each violation, and shall not be less than $50 per day for any violation of section 303  1 or an effective order of the department, except for a continuous, willful violation; then the civil penalty assessed shall not exceed $500 per day and shall not be less than $50 per day. In determining the amount of the civil penalty, the board shall consider the willfulness of the violation, the seriousness of any health or safety hazard, expenditures incurred by the department in pursuing the abatement of any violation, economic benefit derived from the unlawful conduct, and any other relevant factor. Any penalty assessed shall be payable to the Commonwealth of Pennsylvania within 30 days after the adjudication is issued, shall be collectible in any manner provided by law for the execution of a final judgment, and shall have priority over any other civil debt. If any person fails to pay any such penalty when due, the principal amount, together with interest at 8% per annum and any costs that may be incurred, shall be a lien on the property of such person, but only after the same has been entered and docketed of record by the prothonotary of the county where such property is situated. The board, at the request of any party, shall transmit certified copies of any civil penalty adjudication, and it shall be the duty of each prothonotary to enter and docket the same in his office and to index the same as a final judgment.