Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter F - CIVIL PENALTIES AND ENFORCEMENT › CIVIL PENALTIES › Section 287.413 - Assessment of penalties; minimum penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section sets forth minimum civil
						  penalties for certain violations of the act and the regulations promulgated
						  thereunder. The Department will assess a civil penalty under §
													287.412 (relating to assessment of
						  penalties; general) only if a civil penalty calculated under §
													287.412 is greater in amount than
						  the civil penalty calculated under this section.
(b) If a person or municipality operates a
						  residual waste landfill or residual waste disposal impoundment on an area for
						  which the person or municipality was not permitted to operate the facility, or
						  in excess of final permitted elevations, the Department will assess a minimum
						  civil penalty of $5,000 per 1/2 acre, or portion thereof. Intermediate acreages
						  will be assessed at the next highest 1/2 acre. This subsection does not require
						  the imposition of a civil penalty on persons or municipalities operating
						  without a permit on July 4, 1992, if the persons or municipalities are in
						  compliance with §§
													287.111 and
						  287.113 (relating to notice by
						  impoundments and unpermitted processing or disposal facilities; and permitting
						  procedure for unpermitted processing or disposal facilities).
(c) If a person or municipality applies
						  residual waste to an area for which the person or municipality was not
						  permitted to apply the residual waste, the Department will assess a minimum
						  civil penalty of $500 per acre, or portion thereof.
(d) If a person or municipality fails to
						  provide notification on a timely basis of an incident for which a reporting
						  requirement exists in the act, the regulations promulgated thereunder, the
						  terms or conditions of a permit, or order of the Department, the Department
						  will assess a minimum civil penalty of $1,000.
(e) If a person or municipality generating
						  residual waste fails to provide notice to the Department as required by §
													287.52 (relating to biennial
						  report), the Department will assess a minimum civil penalty of $300.
(f) If a person or municipality refuses,
						  hinders, obstructs, delays or threatens an agent or employe of the Department
						  in the course of performance of a duty under the act, including entry and
						  inspection, the Department will assess a minimum civil penalty of
						  $1,000.
(g) If a violation is
						  included as a basis for an administrative order requiring cessation of solid
						  waste management operations, or for any other abatement order, and if the
						  violation has not been abated within the abatement period set in the order, a
						  minimum civil penalty of at least $1,000 shall be assessed for each day during
						  which the failure continues. This subsection does not limit the Department's
						  authority to assess an appropriate civil penalty for violations that formed the
						  basis for issuing an order, and that occurred prior to the issuance of the
						  order or prior to a date for compliance in the order.
This section cited in 25 Pa. Code §
															287.412 (relating to assessment of
								penalties; general).