§ 92.94. Disbursement of funds pending resolution of appeal.

 (a)  If the person subject to a final assessment fails to file a timely appeal to the EHB as provided in the Environmental Hearing Board Act (35 P. S. § §  7511—7516), the penalty assessed shall become due and payable upon expiration of the time allowed to file an appeal. If the person fails to pay, the amount shall be collected in the manner provided by section 605 of the State Act. The Department may preclude persons who fail to pay in full from obtaining or renewing any Department permits.

 (b)  If the final decision in the administrative and judicial review process results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the amount specified in the final decision to the Department within 30 days after the order is mailed to the person. If the person fails to pay the amount specified in the final decision, the amount shall be collected in the manner provided by law. The Department may preclude persons who fail to pay in full from obtaining or renewing any Department permits.

 (c)  Upon completion of the administrative and judicial review process, any funds collected under § §  92.91—92.93 (relating to applicability; method of seeking civil penalty; and procedure for civil penalty assessments) and this section will be deposited into the Clean Water Fund.

   The provisions of this §  92.94 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § §  691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  92.94 adopted November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059.

   This section cited in 25 Pa. Code §  92.91 (relating to applicability).