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Civil penalties and remedies - 3 Pa. Cons. Stat. § 514

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     § 514.  Civil penalties and remedies.
        (a)  Civil penalty.--In addition to proceeding under any
     other remedy available at law or in equity for a violation of a
     provision of this chapter or a rule or regulation adopted, order
     issued or odor management plan or nutrient management plan
     approved under this chapter, the commission may assess a civil
     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:
            (1)  The gravity of the violation.
            (2)  The potential harm to the public.
            (3)  The potential effect on the environment.
            (4)  The willfulness of the violation.
            (5)  Previous violations.
            (6)  The economic benefit to the violator for failing to
        comply with this chapter.
     Whenever the commission finds that a violation did not cause
     harm to human health or an adverse effect on the environment,
     the commission may issue a warning in lieu of assessing a
     penalty where the owner or operator, upon notice, takes
     immediate action to resolve the violation and come into
     compliance. If the commission finds the nutrient pollution or
     the danger of nutrient pollution or the negative impacts from
     odor associated with new or expanded facilities results from
     conditions, activities or practices which are being or have been
     implemented in accordance with a nutrient management plan or
     odor management plan developed and approved pursuant to and
     consistent with this chapter and the regulations developed under
     this chapter and which is being or has been fully implemented
     and maintained, the owner or operator of the agricultural
     operation shall be exempt from the imposition of penalties under
     this chapter.
        (b)  Collection.--In cases of inability to collect the civil
     penalty or failure of any person to pay all or a portion of the
     penalty, the commission may refer the matter to the Office of
     General Counsel or the Office of Attorney General which shall
     institute an action in the appropriate court to recover the
     penalty. Any penalty assessed shall act as a lien on the
     property of the person against whom the penalty has been
     assessed.
        (c)  Civil remedies.--In addition to any other remedies
     provided for in this chapter, any violation of this chapter, the
     rules and regulations promulgated under this chapter or any
     order or nutrient management plan or odor management plan
     approved under this chapter shall be abatable in the manner
     provided by law or equity for the abatement of public nuisances.
     In addition, in order to restrain or prevent any violation of
     this chapter or the rules and regulations promulgated under this
     chapter or any order or nutrient management plan or odor
     management plan approved under this chapter, suits may be
     instituted in equity or at law in the name of the Commonwealth
     upon relation of the Attorney General, the General Counsel, the
     district attorney of any county, the solicitor of any
     municipality affected or the solicitor of any conservation
     district, provided that the General Counsel, district attorney
     or solicitor shall first serve notice upon the Attorney General
     of the intention to so proceed. These proceedings may be
     prosecuted in the Commonwealth Court or in the court of common
     pleas of the county where the activity has taken place, the
     condition exists or the public is affected, and, to that end,
     jurisdiction is hereby conferred in law and equity upon these
     courts. Except in cases of emergency where, in the opinion of
     the court, the exigencies of the case require immediate
     abatement of the nuisance, the court may in its decree fix a
     reasonable time during which the person responsible for the
     nuisance may make provision for the abatement of same.
        (d)  Equitable relief.--In cases where the circumstances
     require it or the public health is endangered, a mandatory
     preliminary injunction, special injunction or temporary
     restraining order may be issued upon the terms prescribed by the
     court, provided that notice of the application has been given to
     the defendant in accordance with the rules of equity practice.
     In any such proceeding the Attorney General, the General
     Counsel, the district attorney or the solicitor of any
     municipality or conservation district shall not be required to
     give bond. In any such proceeding, the court shall 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 and
     irreparable harm to the public. In addition to an injunction,
     the court in such equity proceeding may assess civil penalties
     in accordance with this section.

Last modified: November 27, 2007