§ 271.412. Assessment of penalties—general.
(a) The Department will use the system described in this section and § 271.413 (relating to assessment of penalties—minimum penalties) to determine the amount of the penalty. Unless otherwise indicated in this section, the penalty may be set at an amount up to the maximum amount specified in this section.
(b) Civil penalties shall be assessed as follows:
(1) Up to the statutory maximum shall be assessed based on the seriousness of the violation, including the following:
(i) Damage or injury to the land or waters of this Commonwealth or other natural resources or their uses.
(ii) Cost of restoration.
(iii) Hazards or potential hazards to the health or safety of the public.
(iv) Property damage.
(v) Interference with a person’s right to the use or enjoyment of property.
(vi) Other relevant factors.
(2) A penalty of up to the statutory maximum may be assessed based on the costs expended by the Commonwealth as a result of the violation. The costs may include, without limitation:
(i) Administrative costs.
(ii) Costs of inspection.
(iii) Costs of the collection, transportation and analysis of samples.
(iv) Costs of abatement, remedial and preventive measures taken to prevent or lessen the threat of damage or injury to property or waters of this Commonwealth or other natural resources or their uses or to a person.
(3) A penalty of up to the statutory maximum may be assessed by calculating the costs that the operator avoided by incurring the violation.
(4) A penalty of up to the statutory maximum may be assessed based on the willfulness of the violation.
(5) In determining a penalty for a violation, the Department will increase the civil penalty by 5% for each violation of the applicable laws for which the person or municipality has been found responsible in a prior adjudicated proceeding, agreement, consent order or decree which became final within the previous 5-year period. A violation will not be counted if it is the subject of pending administrative or judicial review, or if the time to request the review or to appeal the administrative or judicial decision of the previous violation has not expired.
(6) A civil penalty of up to the maximum amount may be assessed based on other relevant factors.
(c) Each day of continuing violation is considered a separate violation for purposes of this subchapter. The cumulative effect of a continuing violation will be considered in assessing the penalty for each day of the violation.
(d) If the system described in this section would yield a penalty in excess of the statutory maximum for a violation, the maximum penalty will be imposed for that violation. Separate violations occurring on the same day may each be assessed a penalty of up to the maximum. If violations may be attributed to two or more persons or municipalities, a penalty of up to the statutory maximum may be assessed against each person or municipality.
Source The provisions of this § 271.412 adopted April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681.
Cross References This section cited in 25 Pa. Code § 271.413 (relating to assessment of penalties—minimum penalties).
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