4110 - Penalties.

     § 4110.  Penalties.        (a)  Criminal penalties.--            (1)  A person who knowingly, willfully or recklessly        misrepresents that a test or an environmental sample is        accurate or was performed in accordance with procedures        authorized pursuant to this chapter commits a misdemeanor of        the third degree and, upon conviction, shall be subject to a        fine of not less than $1,250 nor more than $12,500 or to        imprisonment for a period of not more than one year, or both,        for each separate offense.            (2)  A person who knowingly, willfully or recklessly        performs or reports an inaccurate test or analysis of an        environmental sample commits a misdemeanor of the third        degree and shall, upon conviction, be subject to a fine of        not less than $1,250 nor more than $12,500 or to imprisonment        for a period of not more than one year, or both, for each        separate offense.            (3)  A person who knowingly, willfully or recklessly        misrepresents that an environmental laboratory holds a        certificate of accreditation under this chapter commits a        misdemeanor of the third degree and shall, upon conviction,        be subject to a fine of not less than $1,250 nor more than        $12,500 or to imprisonment for a period of not more than one        year, or both, for each separate offense.        (b)  Administrative penalties.--            (1)  In addition to any other remedy available at law or        equity, the department may assess an administrative penalty        for a violation of this chapter. The penalty may be assessed        whether or not the violation was willful or negligent. When        determining the amount of the penalty, the department shall        consider the willfulness of the violation, the damage or        injury or threat of damage or injury to public health or the        environment, the costs to the department for investigation        and enforcement, the economic benefit of the violation to the        person and other related factors. The department shall inform        the person of the amount of the penalty. The administrative        penalty shall not exceed $5,000 per day per violation.            (2)  Every day a violation continues shall be a separate        violation.            (3)  The amount of the penalty assessed after a hearing        before the Environmental Hearing Board or after waiver of the        right to appeal the assessment shall be payable to the        Commonwealth and collectable in any manner provided at law        for collection of debts. If any person liable to pay any such        penalty neglects or refuses to pay the penalty after demand,        the amount of the penalty, together with interest and cost        that may accrue, shall constitute a judgment in favor of the        department upon the property of such person from the date it        has been entered and docketed of record by the prothonotary        of the county in which the property is situated. The        department may at any time transmit to the prothonotaries of        any county in which the person holds property certified        copies of all such judgments, and it shall be the duty of        each prothonotary to enter and docket the judgment of record        in his or her office and to index the judgment as judgments        are indexed, without requiring the payment of costs by the        department.        (c)  Concurrent penalties.--Penalties and other remedies     under this chapter shall be concurrent and shall not prevent the     department from exercising any other available remedy at law or     equity.        (d)  Rebuttable presumption.--Failure of an environmental     laboratory or laboratory supervisor to maintain adequate records     or proficiency test samples as required creates a rebuttable     presumption that the test or analysis was not conducted as     required.        (e)  Falsifying results.--It shall be unlawful to falsify the     results of testing or analysis of environmental samples or to     violate the provisions of 18 Pa.C.S. § 4903 (relating to false     swearing) or 4904 (relating to unsworn falsification to     authorities) in the context of the submission of the results of     testing and analysis of environmental samples under an     environmental statute.