§ 271.413. Assessment of penalties—minimum penalties.
(a) This section sets forth minimum civil penalties for certain violations of the act and regulations thereunder. The Department will assess a civil penalty under § 271.412 (relating to assessment of penalties—general) only if a civil penalty calculated under § 271.412 is greater in amount than the civil penalty calculated under this section.
(b) If a person or municipality operates a permitted municipal waste landfill on an area for which the person or municipality was not permitted to operate the facility, or in excess of final permitted elevations, the Department will assess a minimum civil penalty of $5,000 per half acre, or portion thereof. Intermediate acreages will be assessed at the next highest half acre.
(c) If a person or municipality operates a construction/demolition waste landfill on an area for which the person or municipality was not permitted to operate the facility, or in excess of final permitted elevations, the Department will assess a minimum civil penalty of $500 per half acre, or a portion thereof. Intermediate acreages will be assessed at the next highest half acre.
(d) If a person or municipality applies sewage sludge to an area for which the person or municipality was not permitted to apply the sludge, the Department will assess a minimum civil penalty of $1,000 per acre or portion thereof.
(e) If a person or municipality applies sewage sludge under a permit, and the sewage sludge does not meet the physical, chemical or biological quality specified in the permit, the Department may assess a minimum civil penalty of $1,000 per occurrence.
(f) If a person or municipality transporting residential septage fails to submit the notice to the Department required by § 285.225 (relating to transportation of residential septage), the Department may assess a minimum civil penalty of $500 for the first offense and a minimum civil penalty of $1,000 for each subsequent offense.
(g) If a person or municipality fails to provide notification on a timely basis of an incident for which a reporting requirement exists in the act, regulations thereunder, the terms or conditions of a permit or order of the Department, the Department will assess a minimum civil penalty of $1,000.
(h) If a person or municipality refuses, hinders, obstructs, delays or threatens an agent or employe of the Department in the course of performance of a duty under the act, including, but not limited to, entry and inspection under any circumstances, the Department will assess a minimum civil penalty of $2,000.
(i) If a person or municipality is applying sewage sludge and has not complied with the training requirements in § 271.915(j) (relating to management practices), th Department may assess a minimum civil penalty of $1,000.
(j) If a violation is included as a basis for an administrative order requiring cessation of solid waste management operations, or for another abatement order, and if the violation has not been abated within the abatement period set in the order, a minimum civil penalty of at least $1,000 will be assessed for each day during which the failure continues. Nothing in this subsection limits the Department’s authority to assess an appropriate civil penalty for violations that formed the basis for issuing an order, and that occurred prior to the issuance of the order or prior to a date for compliance in the order.
Source The provisions of this § 271.413 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234800) to (234801) and (226021).
Cross References This section cited in 25 Pa. Code § 271.412 (relating to assessment of penalties—general).
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