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Penalties - 27 Pa. Cons. Stat. § 4110

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     § 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.

Last modified: November 27, 2007