§ 77.293. Penalties.

 (a)  Cessation order. The Department will assess a civil penalty of up to $5,000 per day for each violation which leads to a cessation order. 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.

 (b)  Civil penalty.

   (1)  The Department may assess a civil penalty of up to $1000 per day for each violation, unless the operator demonstrates with clear and convincing evidence that the violations:

     (i)   Result in no environmental damage.

     (ii)   Result in no injury to persons or property.

     (iii)   Are corrected within the required time prescribed for its abatement.

   (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.

   The provisions of this §  77.293 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.

   This section cited in 25 Pa. Code §  77.294 (relating to system for assessment of penalties).