§ 203.9. Enforcement procedures and penalties.
(a) General rule. A person may not cause, suffer, permit or allow a lead-based-paint activity to be performed in violation of the act or this chapter. A person may not cause, suffer, permit or allow the performance of an act or operation in violation of an order issued by the Department under the act or this chapter.
(b) Violations. The Department has the power to issue an order requiring compliance with the act or this chapter.
(1) An order shall be served, personally or by certified mail, upon the person being charged with the violation.
(2) In the case of a violation of lead-based-paint work practice standards, a copy of the order shall also be served, personally or by certified mail, upon the property owner and a copy shall be posted on the premises.
(c) Hazardous conditions. If the Department determines that a hazardous condition exists, the Department, may do one or more of the following:
(1) Issue an order to those engaged to cease immediately all lead-based-paint activities until the condition is corrected.
(2) Issue an order to remove any workers except those needed to abate the hazard from the project work area until the condition is corrected to prevent further project activity.
(3) Issue an order to evacuate appropriate portions of the site until the condition is corrected.
(4) Certify the existence of a lead-based-paint hazard that exists due to the failure of a contractor or employe to comply with the act, charge the added cost of corrective cleanup or removal to the contractor responsible for the hazardous condition which exists due to the noncompliance, and collect the cost by lien or other means as may be authorized by law.
(5) Apply to an appropriate court for relief by injunction or restraining order against any person responsible for the hazardous condition.
(d) Penalties. In addition to the sanctions or remedial orders provided in this section, a person who fails to comply with a requirement of the act, this chapter or who fails to obey an order issued by the Department, may be subject to one or more of the following penalties:
(1) Denial, suspension or revocation of accreditation or certification for a person, training provider or contractor as provided in § 203.5 (relating to denial, suspension or revocation of certification or accreditation).
(2) Administrative penalties of not more than $1,000 for the first offense, not more than $5,000 on the second offense and not more than $10,000 for each subsequent offense. Each day a violation continues to exist shall constitute an additional, separate and distinct violation.
(i) If the violating person is a contractor, in determining the penalty, consideration shall be given to the appropriateness of the penalty to the size of the business of the person charged, taking into account the number of employes employed by that person, dollar volume of sales or business, amount of capital investment and financial resources and other information as may be available relative to the size of the business of the person.
(ii) In determining the penalty, consideration shall be given to appropriateness of the penalty to the gravity of the violation or violations, taking into account factors including history of prior violations; evidence of willfulness or failure to take reasonable precautions to prevent violations; and, the extent of exposure to hazardous conditions.
(e) Finality of determination. An administrative determination of a civil penalty for a violation of the act or this chapter shall become final 15-calendar days after receipt of the notice-of-penalty determination by certified mail by the person so charged, unless the person has filed, with the Department, an exception to the determination that the violation for which the penalty is imposed occurred.
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