Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter E - CIVIL PENALTIES AND ENFORCEMENT › CIVIL PENALTIES › Section 271.413 - 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 regulations thereunder. The
						  Department will assess a civil penalty under §
													271.412 (relating to assessment of
						  penalties-general) only if a civil penalty calculated under §
													271.412 is greater in amount than
						  the civil penalty calculated under this section.
(b) If a person or municipality operates a
						  permitted municipal waste landfill 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 half acre, or portion thereof. Intermediate acreages will be
						  assessed at the next highest half acre.
(c) If a person or municipality operates a
						  construction/demolition waste landfill 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
						  $500 per half acre, or a portion thereof. Intermediate acreages will be
						  assessed at the next highest half acre.
(d) If a person or municipality applies
						  sewage sludge to an area for which the person or municipality was not permitted
						  to apply the sludge, the Department will assess a minimum civil penalty of
						  $1,000 per acre or portion thereof.
(e) If a person or municipality applies
						  sewage sludge under a permit, and the sewage sludge does not meet the physical,
						  chemical or biological quality specified in the permit, the Department may
						  assess a minimum civil penalty of $1,000 per occurrence.
(f) If a person or municipality transporting
						  residential septage fails to submit the notice to the Department required by
						  §
													285.225 (relating to
						  transportation of residential septage), the Department may assess a minimum
						  civil penalty of $500 for the first offense and a minimum civil penalty of
						  $1,000 for each subsequent offense.
(g) 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, regulations thereunder, the terms or conditions
						  of a permit or order of the Department, the Department will assess a minimum
						  civil penalty of $1,000.
(h) 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, but not limited to, entry and inspection under any
						  circumstances, the Department will assess a minimum civil penalty of
						  $2,000.
(i) If a person or
						  municipality is applying sewage sludge and has not complied with the training
						  requirements in §
													271.915(j)
						  (relating to management practices), th Department may assess a minimum civil
						  penalty of $1,000.
(j) If a
						  violation is included as a basis for an administrative order requiring
						  cessation of solid waste management operations, or for another 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 will be assessed for each day
						  during which the failure continues. Nothing in this subsection limits 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 §
															271.412 (relating to assessment of
								penalties-general).