Subchapter H. CIVIL PENALTIES FOR VIOLATIONS OF NPDES PERMITS
Sec.
92a.101. Applicability.
92a.102. Method of seeking civil penalty.
92a.103. Procedure for civil penalty assessments.
92a.104. Disbursement of funds pending resolution of appeal.§ 92a.101. Applicability.
Sections 92a.102—92a.104 (relating to method of seeking civil penalty; procedure for civil penalty assessments; and disbursement of funds pending resolution of appeal) apply to civil penalty assessments by the Department under section 605(a) of the State Act (35 P. S. § 691.605(a)).
§ 92a.102. Method of seeking civil penalty.
The Department may do either one of the following:
(1) File a complaint for civil penalties before the EHB.
(2) Assess a civil penalty, after hearing under § 92a.103 (relating to procedure for civil penalty assessments).
Cross References This section cited in 25 Pa. Code § 92a.101 (relating to applicability).
§ 92a.103. Procedure for civil penalty assessments.
(a) The Department, if it assesses a civil penalty for a State Act violation, will serve a copy of the proposed civil penalty assessment on the alleged violator. Service will be by registered or certified mail, or by personal service. If the mail is tendered at the address in the permit, or at an address where the person is located, and delivery is refused, or mail is not collected, the requirements of this section will be deemed to have been complied with upon the tender.
(b) The person who has been served with a proposed assessment in accordance with subsection (a) has 30 days to request that the Department hold an informal hearing on the proposed assessment by serving the Department by registered or certified mail with the request. If no timely request for an informal hearing is submitted, the failure to submit a timely request will operate as a waiver of the opportunity for a hearing, and the proposed assessment will become a final assessment of the Department upon the expiration of the 30-day period unless the Department determines to hold a hearing on the proposed assessment under the procedures in subsection (c).
(c) If a timely request for hearing on the proposed assessment is received by the Department, the Department will assign a representative to hold an informal hearing regarding the assessment. The informal hearing will not be governed by requirements for formal adjudicatory hearings. The Department will establish a hearing date and notify the person requesting the hearing in accordance with the service procedures in subsection (a) and post notice of the time and place of the hearing at the Department office where the hearing is to be held at least 5 days prior to the hearing. The person requesting the hearing has the right to attend and participate in the hearing and to be represented by counsel. The Department will consider the relevant information presented and either affirm, raise, lower or vacate the proposed assessment. The Department representative’s decision will constitute the Department’s final assessment.
(d) The person subject to a final assessment by the Department may contest the penalty assessment by filing a timely appeal with the EHB.
Cross References This section cited in 25 Pa. Code § 92a.101 (relating to applicability); and 25 Pa. Code § 92a.102 (relating to method of seeking civil penalty).
§ 92a.104. Disbursement of funds pending resolution of appeal.
(a) If the person subject to a final assessment fails to file a timely appeal to the EHB as provided in the Environmental Hearing Board Act (35 P. S. § § 7511—7516), the penalty assessed is due and payable upon expiration of the time allowed to file an appeal. If the person fails to pay, the amount will be collected in the manner provided under section 605 of the State Act (35 P. S. § 691.605). The Department may preclude persons who fail to pay in full from obtaining or renewing any Department permits.
(b) If the final decision in the administrative and judicial review process results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the amount specified in the final decision to the Department within 30 days after the order is mailed to the person. If the person fails to pay the amount specified in the final decision, the amount will be collected in the manner provided by law. The Department may preclude persons who fail to pay in full from obtaining any new or reissued Department permits.
(c) Upon completion of the administrative and judicial review process, any funds collected under this subchapter will be deposited into the Clean Water Fund.
Cross References This section cited in 25 Pa. Code § 92a.101 (relating to applicability).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
