Section 6. Criminal penalties.
(a) Municipalities.--A municipality which violates a provision of this act, the regulations of the Department of Environmental Resources, an order of the department, or a term or condition of a permit commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs.
(b) Persons.--Any person, other than a municipal official exercising official duties, who violates a provision of this act, a regulation of the department, an order of the department, or a term or condition of a permit commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 nor more than $25,000 per day for each violation or to imprisonment for not more than one year, or both. Any person other than a municipal officer exercising official duties who, within two years after being convicted of or pleading guilty or no contest to a misdemeanor under this subsection, violates a provision of this act, a regulation of the department, an order of the department, or a term or condition of a permit commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $2,500 nor more than $50,000 for each violation or to imprisonment for not more than two years, or both.
(c) Knowing violations.--
(1) A person or municipality commits a misdemeanor of
the third degree and shall, upon conviction, be sentenced to
pay a fine of not less than $1,000 nor more than $25,000 per
day for each violation if the person or municipality
knowingly does any of the following:
(i) Transports infectious or chemotherapeutic waste
to a facility which does not have a permit under this act
to accept such waste for storage, treatment or disposal.
(ii) Makes a false statement or representation in an
application label, manifest, record, report, permit or
other document relating to infectious or chemotherapeutic
waste generation, storage, transportation, treatment or
disposal, which is filed, submitted, maintained or used
for purposes of compliance with this act.
(2) A municipality which knowingly stores, treats or
disposes of any hazardous waste without having obtained a
permit for such storage, treatment or disposal commits a
misdemeanor of the third degree and shall, upon conviction,
be sentenced to pay a fine of not less than $1,000 nor more
than $25,000 per day for each violation.
(3) A person or municipality that, within two years
after being convicted of or pleading guilty or no contest to
a misdemeanor for violation of this act, violates this
subsection commits a misdemeanor of the second degree and
shall, upon conviction, be sentenced to pay a fine of not
less than $2,500 nor more than $50,000 for each violation or
to imprisonment for not less than two years nor more than 20
years, or both.
Compiler's Note: The Department of Environmental Resources,
referred to in subsec. (a), was abolished by Act 18 of
1995. Its functions were transferred to the Department of
Conservation and Natural Resources and the Department of
Environmental Protection.