CIVIL PENALTIES

1. (a) The Department will assess a civil penalty for a violation which is included as a basis for a cessation order.
2. (b) The Department will assess a civil penalty for a violation that occurs after the release by the Department of a bond under Subchapter D (relating to financial assurances requirements).

3. (c) The Department will assess a civil penalty if a person or municipality operates a municipal waste disposal or processing facility in the following manner:

   1. (1) Without a permit from the Department or outside the boundaries of a permit, including final elevations.
   2. (2) Accepts waste for processing or disposal that was not approved by the Department in the permit.
   3. (3) Causes or allows open burning at the facility.
   4. (4) Causes or allows surface water or groundwater pollution.

4. (d) In addition to the circumstances in subsection (c), the Department will assess a civil penalty if a person or municipality operates a municipal waste landfill or construction/demolition waste landfill in the following manner:

   1. (1) Fails to install or maintain soil erosion and sedimentation controls, under applicable regulations and the approved operation plan.
   2. (2) Fails to apply, grade or revegetate final cover in a manner and within the time required by applicable regulations and the approved operation plan.
   3. (3) Fails to install the liner system, or groundwater monitoring system, or fails to comply with the approved operation plan concerning sequence of operations, under applicable regulations and the permit.
   4. (4) Fails to submit phased deposit of collateral payments for bonds within 60 days after the due date.

5. (e) In addition to the circumstances in subsection (c), the Department will assess a civil penalty for operations involving the land application of sewage sludge if:

   1. (1) Sewage sludge is applied in excess of the application rate approved in the permit.
   2. (2) Sewage sludge is applied in volume, composition or source that is not approved in the permit.
   3. (3) Sewage sludge is applied without daily incorporation into soil when required by Chapter 275 (relating to land application of sewage sludge).
   4. (4) The operator does not submit an annual report required by § 275.222 (relating to annual operation report).
6. (f) This section does not prevent the Department from assessing a civil penalty for a violation not in this section.

Source

The provisions of this § 271.411 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681.