Section 1314. Civil penalties.
(a) Civil penalty.--In addition to any other remedy available at law or in equity for a violation of this subarticle, a rule or regulation adopted, order issued under this subarticle or land application system, the commission may assess a civil penalty of not more than $500 for the first day of each offense and $100 for each additional day of continuing violation. In determining the penalty amount, the commission shall consider the following factors:
(1) The gravity of the violation.
(2) The potential harm to the public.
(3) The potential effect on the environment.
(4) The willfulness of the violation.
(5) Previous violations.
(6) The economic benefit to the violator for failing to comply with this subarticle.
(b) Warning in lieu of penalty.--If the commission finds that a violation did not cause harm to human health or an adverse effect on the environment, the commission may issue a warning in lieu of assessing a penalty if the offender, upon notice, takes immediate action to resolve the violation and achieve compliance.
(c) Collection.--If the commission is unable to collect a civil penalty assessed under this subarticle or a person fails to pay all or a portion of the penalty, the commission may refer the matter to the Office of General Counsel or the Office of Attorney General, which may institute an action in the appropriate court to recover the penalty. A civil penalty assessed may act as a lien on the property of the person against whom the penalty has been assessed.
(1314 added July 12, 2026, P.L.265, No.21)
Compiler's Note: See section 37(1) of Act 21 of 2026 in the appendix to this act for special provisions relating to effective date.