§ 77.293. Penalties.
(a) Cessation order.
(1) The Department will assess a civil penalty of up to $5,000 per day for each violation of the act or any rule, regulation, order of the Department or a condition of any permit issued under the act which leads to a cessation order.
(2) The Department will assess a civil penalty of up to $10,000 per day for each violation of The Clean Streams Law which leads to a cessation order.
(3) If a violation involves a failure to correct within the period prescribed for its correction, a violation for which a cessation order or other abatement order has been issued, a civil penalty of at least $750 will be assessed for each day the violation continues beyond the period prescribed for its correction.
(b) Civil penalty.
(1) The Department may assess a civil penalty of up to $1,000 per day for each violation of the act or any rule, regulation, order of the Department or a condition of any permit issued under the act, unless the operator demonstrates with clear and convincing evidence that the violations:
(i) Result in no environmental damage.
(ii) Result in no injury to persons or property.
(iii) Are corrected within the required time prescribed for its abatement.
(2) If the violation involves a failure to correct within the period prescribed for its correction, a violation for which a cessation order or other abatement order was not issued, a civil penalty of at least $250 will be assessed for each day the violation continues beyond the period prescribed for its correction.
(3) The Department may assess a civil penalty of up to $10,000 per day for each violation of The Clean Streams Law.
Source The provisions of this § 77.293 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial page (198719).
Cross References This section cited in 25 Pa. Code § 77.294 (relating to system for assessment of penalties).
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