Administrative penalties

Act 49 of 2004, § 7, under COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION ACT - ENACTMENT.

Act 49 of 2004, § 7

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penalty shall be deemed withdrawn.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.