1. (a) Cessation order.

   1. (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. (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. (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.

2. (b) Civil penalty.

   1. (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:

      1. (i) Result in no environmental damage.
      2. (ii) Result in no injury to persons or property.
      3. (iii) Are corrected within the required time prescribed for its abatement.
   2. (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. (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).