§ 77.294. System for assessment of penalties.
(a) The Department and, in event of appeal, the EHB, will use the system described in this section to determine the amount of the penalty, and, whether a mandatory penalty will be assessed as provided in § 77.293(b) (relating to penalties). Unless otherwise indicated, the penalty may be set at an amount from zero up to the maximum amount specified in this subchapter.
(b) Civil penalties will be assessed based upon the following criteria:
(1) The seriousness of the violation as to environmental impact, public health and safety factors and damage to property.
(2) The culpability of the operator in causing or allowing the violation to occur and the operator’s history of violations during the prior 2 years.
(3) The speed of compliance exhibited by the operator once notified that a violation exists.
(4) The costs to the Commonwealth to investigate and correct the violation.
(5) The savings to the operator if the violation resulted in economic benefit.
(c) Whenever a violation is included as a basis for an administrative order requiring the cessation of a mining operation, and if the violation has not been abated within the abatement period set in the order, a civil penalty of at least $750 will be assessed for each day during which the failure continues. If the person to whom the order was issued files an appeal with respect to the violation, the abatement period shall be extended, if suspension of the abatement requirement is ordered in a supersedeas order issued by the EHB under § § 1021.76—1021.78 (relating to general; contents of petition for supersedeas; and circumstances affecting grant or denial). In this case, the period permitted for abatement will not end until the date on which the EHB issues a final adjudication with respect to the violation in question or otherwise revokes the supersedeas order.
(d) If the system described in this section yields a penalty in excess of the statutory maximum for a violation, the maximum penalty shall be imposed for that violation. Separate violations occurring on the same day may each be assessed a penalty of up to the maximum. If violations are attributed to two or more persons, a penalty of up to the statutory maximum may be assessed against each person.
Source The provisions of this § 77.294 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
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