6208 - Penalties.
§ 6208. Penalties. (a) Criminal penalties.--A transporter who violates the provisions of this chapter commits a misdemeanor of the third degree and, upon conviction for the first offense, shall pay a penalty of not less than $5,000 nor more than $10,000. Upon the second or subsequent conviction of an offense under this chapter, a transporter commits a misdemeanor of the second degree and shall pay a penalty of not less than $10,000 nor more than $25,000, and the court may order the operating privilege of the transporter to be suspended for a period of up to one year, or both. (b) Civil penalties.-- (1) In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this chapter, the regulations promulgated hereunder, any order of the department issued under this chapter or any term or condition of a written authorization, the department may assess a civil penalty upon a transporter. Such penalty may be assessed whether or not the violation was willful or negligent. In determining the amount of the penalty, the department shall consider the willfulness of the violation, the effect on waste transportation safety, damage to the natural resources of this Commonwealth or their uses, cost of restoration and abatement, savings resulting to the violator in consequence of such violation, deterrence of future violations and other relevant factors. If the violation leads to the issuance of a cessation order, a civil penalty shall be assessed. (2) When the department assesses a civil penalty, it shall inform the transporter of the amount of the penalty. The transporter shall then have 30 days to pay the penalty in full or, if the transporter wishes to contest either the amount of the penalty or the fact of the violation, the transporter shall forward the proposed amount of the penalty to the department for placement in an escrow account with the State Treasurer or with a bank in this Commonwealth or post an appeal bond in the amount of the penalty. The bond must be executed by a surety licensed to do business in this Commonwealth and must be satisfactory to the department. If, through administrative or judicial review of the proposed penalty, it is determined that no violation occurred or that the amount of the penalty shall be reduced, the department shall, within 30 days, remit the appropriate amount to the transporter with any interest accumulated by the escrow deposit. Failure to forward the money or the appeal bond to the department within 30 days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. (3) The maximum civil penalty which may be assessed pursuant to this chapter is $10,000 per violation. Each violation for each separate day and each violation of any provision of the chapter, any regulation promulgated hereunder, any order issued under this chapter or the terms or conditions of any written authorization shall constitute a separate offense under this chapter. (4) Notwithstanding any other provisions of law to the contrary, there shall be a statute of limitations of five years upon actions brought by the Commonwealth under this chapter. (c) Enforcement orders.-- (1) The department may issue orders to such transporters, counties and municipalities as it deems necessary to aid in the enforcement of this chapter. Such orders may include, but shall not be limited to, orders modifying, suspending or revoking written authorizations and orders requiring transporters, counties and municipalities to cease unlawful activities or operations of a waste transportation vehicle which in the course of operation is in violation of this chapter, any rule or regulation of the department or any terms and conditions of a written authorization issued under this chapter. An order issued under this chapter shall take effect upon notice unless the order specifies otherwise. An appeal to the Environmental Hearing Board shall not act as a supersedeas. The power of the department to issue an order under this chapter is in addition to any other remedy which may be afforded to the department pursuant to this chapter or any other act. (2) It shall be the duty of any transporter to proceed diligently to comply with any order issued pursuant to this section. If such transporter fails to proceed diligently or fails to comply with the order within such time, if any, as may be specified, such transporter commits contempt and shall be punished by the court in an appropriate manner, and for this purpose application may be made to the Commonwealth Court, which is hereby granted jurisdiction. (d) Injunctions.-- (1) In addition to any other remedies provided in this chapter, the department may institute a suit in equity in the name of the Commonwealth where unlawful conduct exists for an injunction to restrain a violation of this chapter, the regulations promulgated under this chapter, any order issued pursuant hereto or the terms or conditions of any written authorization. In any such proceeding, the court shall, upon the motion of the Commonwealth, issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct as defined by this chapter or is engaged in conduct which is causing immediate or irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with such proceedings. In addition to an injunction, the court in such equity proceedings may levy civil penalties as specified in this chapter. (2) In addition to any other remedies provided for in this chapter, an action in equity may be brought in a court of competent jurisdiction for an injunction to restrain any and all violations of this chapter or the regulations promulgated under this chapter. (3) Actions instituted under this section may be filed in the appropriate court of common pleas or in the Commonwealth Court, which courts are hereby granted jurisdiction to hear such actions. (e) Concurrent remedies.--The penalties and remedies provided in this chapter shall be deemed concurrent and cumulative with all other existing provisions of law or equity. The existence or exercise of any remedy shall not prevent the department from exercising any other remedy under this chapter at any law or in equity. (f) Forfeiture of waste transportation vehicle.-- (1) A waste transportation vehicle shall be deemed contraband and forfeited to the department if it is transporting municipal or residual waste to a processing or disposal facility in this Commonwealth without a written authorization if the transporter applied for and was denied the written authorization for that vehicle. The waste transportation vehicle forfeiture provisions established in this subsection shall also apply to a waste transportation vehicle used by a transporter who, after receiving notice from the department to obtain written authorization, fails to obtain written authorization under the requirements of the Waste Transportation Safety Program. The provisions of law relating to seizure, summary and judicial forfeiture and condemnation of intoxicating liquor shall apply to seizures and forfeitures under this chapter. Proceeds from the sale of forfeited waste transportation vehicles shall be deposited in the Waste Transportation Safety Account. (2) The owner of any vehicle or conveyance forfeited under this chapter shall be responsible for any costs incurred in properly disposing of waste in the vehicle or conveyance. (g) Disposition.--All fines and penalties collected under this section shall be paid into the Waste Transportation Safety Account.