

     § 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.
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Last modified: November 27, 2007