Pennsylvania Statutes Title 52 P.S. Mines and Mining § 690-503.1. Process for assessing administrative penalties

(a) Assessment process.--If the department assesses an administrative penalty, it shall inform the operator and mine official, as applicable, of the amount of the penalty. The person assessed with the penalty shall then have 30 days to pay the penalty in full or, if the person wishes to contest the amount of the penalty, the person shall, within the 30-day period, file an appeal of the department's assessment with the Environmental Hearing Board. Failure to appeal within 30 days shall result in a waiver of all legal rights to contest the amount of the penalty.

(b) Prepayment of administrative penalty.--If the operator or mine official wishes to contest either the amount of the penalty or the violation, the operator or mine official shall forward an amount not greater than $25,000 to the department for placement in an escrow account with the State Treasurer or any bank located in this Commonwealth or post an appeal bond in the amount of the proposed penalty, provided that the bond shall be executed by a surety licensed to do business in this Commonwealth and is satisfactory to the department. If, through administrative or judicial review of the penalty, it is determined that no violation occurred or that the amount of the penalty should be reduced, the department shall within 30 days remit the appropriate amount to the operator or mine official, with any interest accumulated by the escrow deposit. Failure to forward the 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) Payment of penalty.--The amount assessed after administrative hearing or waiver shall be payable to the Commonwealth of Pennsylvania, Mine Safety Fund, and shall be collectible in any manner provided under law for the collection of debts. If any person liable to pay any penalty neglects or refuses to pay it after demand, the amount, together with interest and any costs that may accrue, shall constitute a judgment in favor of the Commonwealth upon the property of the person from the date it has been entered and docketed or recorded by the prothonotary of the county where such property is situated. The department may, at any time, transmit to the prothonotaries of the respective counties certified copies of the judgments, and it shall be the duty of each prothonotary to enter and docket the judgments in the prothonotary's office, and to index it as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry of the judgment.