58 Pa. Stat. § 516

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 516 - Civil penalties

In addition to proceeding under any other remedy available at law or in equity for a violation of section 13 or any order of the department, the Environmental Hearing Board, after hearing, may assess a civil penalty upon a person for such violation. Such a penalty may be assessed whether or not the violation was willful. The civil penalty so assessed shall not exceed $25,000, plus $1,000 for each day of continued violation. In determining the amount of the civil penalty, the board shall consider the willfulness of the violation, damage or injury to the natural resources of the Commonwealth or their uses, endangerment of the safety of others, costs of remedying the harm, savings resulting to the person in consequence of such violation and other relevant factors. It shall be payable to the Commonwealth and shall be collectible in any manner provided at law for the collection of debts. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall be a lien in favor of the Commonwealth upon the property, both real and personal, of such person but only after same has been entered and docketed of record by the prothonotary of the county where such is situated. The board may, at any time, transmit, to the prothonotaries of the respective counties, certified copies of all such liens, and it shall be the duty of each prothonotary to enter and docket and same of record in his office and index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.

58 P.S. § 516

1984, Dec. 18, P.L. 1069, No. 214, § 16, effective in 90 days.