Section 7. Administrative penalties.
(a) Administrative penalty.--
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of this act,
the department may assess an administrative penalty of not
more than $500 for the first day of each offense and $100 for
each additional day of continuing violation. The factors for
consideration in determining the amount of the penalty are:
(i) The seriousness of the violation.
(ii) The potential harm to the public.
(iii) The potential effect on the environment.
(iv) The willfulness of the violation.
(v) Previous violations.
(vi) The economic benefit to the violator for
failing to comply with this act.
(2) If the department finds that a violation did not
cause harm to human health or an adverse effect on the
environment, the department may issue a warning in lieu of
assessing a penalty if the agricultural operator, commercial
manure broker or commercial manure hauler, upon notice, takes
immediate action to resolve the violation and come into
compliance.
(3) A person may appeal a penalty under this subsection
to the secretary as follows:
(i) The appeal must be filed within 30 days of the
date of the penalty assessment.
(ii) The secretary shall issue a decision on the
appeal within 30 days of the filing of an appeal under
subparagraph (i). If the secretary does not meet the time
period under this subparagraph, the assessment of the
penalty shall be deemed withdrawn.
(4) This subsection is subject to 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).
(b) Collection.--In cases of inability to collect the administrative penalty or failure of a person 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 shall be authorized to institute an action in the appropriate court to recover the penalty. A penalty assessed shall operate as a lien on the property of the person against whom the penalty has been assessed.