Section 1323. Administrative penalties.
(a) Penalties.--In addition to any other remedy available at law or in equity for a violation of this subarticle, the department may assess an administrative penalty of up to $1,000 for the first day of a violation of this subarticle and $500 for each day the violation continues. In determining the penalty amount, the department shall consider the following factors:
(1) The seriousness 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 derived by the violator for noncompliance with this subarticle.
(b) Warning in lieu of penalty.--If the department finds that the violation does not cause harm to human health or an adverse effect on the environment, the department may issue a warning in lieu of an administrative penalty if the violator, upon notice, takes immediate action to correct the violation and complies with this subarticle.
(c) Appeals.--A person aggrieved by the assessment of an administrative penalty may appeal a penalty to the secretary within 10 days of the date of the penalty assessment. The secretary shall issue a decision on the appeal within 90 days of the appeal. If a decision is not issued by the secretary within the time period specified under this subsection, the assessment of the penalty shall be deemed withdrawn. Appeals under this subsection shall be governed by 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
(d) Collection.--If the department is unable to collect an administrative penalty assessed under subsection (a) or a person fails to pay all or a portion of the penalty, the department may refer the matter to the Office of General Counsel or the Office of Attorney General, which may institute an action in a court of competent jurisdiction to recover the penalty. A penalty assessed for a violation of this subarticle may operate as a lien on the property of the person against whom the penalty has been assessed.
(1323 added July 12, 2026, P.L.265, No.21)
Compiler's Note: See section 37(2) of Act 21 of 2026 in the appendix to this act for special provisions relating to effective date.