Criminal penalties

Act 108 of 1988, § 1105, under HAZARDOUS SITES CLEANUP ACT.

Act 108 of 1988, § 1105

Section 1105. Criminal penalties.

(a) Falsity.--

(1) A person may not knowingly make a false statement or representation in an application, record, report, plan, proposal or other document which:

(i) relates to the actual or threatened release of a hazardous substance or to a response to the actual or threatened release of a hazardous substance; or

(ii) is filed, submitted, maintained or used for purposes of compliance with this act.

(2) A person who violates paragraph (1) commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 and not more than $25,000 per day for each violation or to imprisonment for a period of not more than one year, or both.

(b) Altering response action.--A person who, without written authorization from the department, alters or modifies a response action approved or undertaken by the department commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 and not more than $1,000 for each day on which the offense occurs or, in default of payment of the fine, to imprisonment for not more than 90 days.

(c) Obstruction.--A person who refuses, hinders, obstructs, delays or threatens any agent or employee of the department in the course of performance of a duty under this act, including, but not limited to, entry and inspection under any circumstances, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 and not more than $1,000 for each day on which the offense occurs or, in default of payment of the fine, to imprisonment for not more than 90 days.

(d) Intentional or negligent.--A person who intentionally or negligently commits an offense under subsection (b) or (c) commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 and not more than $25,000 for each day on which the offense occurred or to imprisonment for not more than one year, or both.