CIVIL PENALTIES
§ 287.411. When a penalty will be assessed.
(a) The Department will assess a civil penalty for each violation which is included as a basis for a cessation order.
(b) The Department will assess a civil penalty for a violation that occurs after the release by the Department of a bond under Subchapter E (relating to bonding and insurance requirements).
(c) The Department will assess a civil penalty when a person or municipality operates a residual waste disposal or processing facility in the following manner:
(1) Without a permit from the Department or outside the boundaries of a permit, including final elevations, except for facilities operating without a permit on July 4, 1992, that are in compliance with § § 287.111 and 287.113 (relating to notice by impoundments and unpermitted processing or disposal facilities; and permitting procedure for unpermitted processing or disposal facilities). For these facilities, the Department may assess a civil penalty.
(2) Accepts waste for processing or disposal that was not approved by the Department in the permit.
(3) Causes, contributes to or allows open burning at the facility.
(4) Causes, contributes to or allows water pollution.
(d) In addition to the circumstances in subsection (c), the Department will assess a civil penalty if a person or municipality operates a residual waste landfill or residual waste disposal impoundment in the following manner:
(1) Fails to install or maintain soil erosion and sedimentation controls, in accordance with applicable regulations and the approved operation plan.
(2) Fails to apply, grade or revegetate final cover in a manner and within the time required by applicable regulations and the approved operation plan.
(3) Fails to install the liner system, or groundwater monitoring system, or fails to comply with the approved operation plan concerning sequence of operations, in accordance with applicable regulations and the permit.
(4) Fails to submit phased deposit of collateral payments for bonds within 60 days after the due date.
(e) In addition to the circumstances set forth in subsection (c), the Department will assess a civil penalty for operations involving the land application of residual waste if:
(1) Residual waste is applied in excess of the application rate approved in the permit.
(2) Residual waste is applied in volume, composition or source that is not approved in the permit.
(3) Residual waste is applied without daily incorporation into soil when required by Chapter 291 (relating to land application of residual waste).
(4) The operator does not submit an annual report as required by § 291.222 (relating to annual operation report).
(f) This section will not be construed to prevent the Department from assessing a civil penalty for a violation not set forth in this section.
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