2012 Pennsylvania Consolidated Statutes
Title 27 - ENVIRONMENTAL RESOURCES
Chapter 31 - Water Resources Planning
Section 3134 - Civil remedies

     § 3134.  Civil remedies.
        (a)  Abatement of nuisances.--An activity or condition
     declared to be a public nuisance under section 3132 (relating to
     public nuisance) shall be restrained or prevented in the manner
     provided by law or equity for abatement of public nuisances, and
     the reasonable expense thereof may be recovered from the
     violator.
        (b)  Civil remedies.--The department may bring an action in
     any court of competent jurisdiction to restrain and abate the
     violation of this chapter or any regulation issued under this
     chapter. Any other provision of law to the contrary
     notwithstanding, the courts of common pleas and Commonwealth
     Court shall have jurisdiction of such actions, and venue in such
     actions shall be set forth in the Pennsylvania Rules of Civil
     Procedure concerning actions in assumpsit.
        (c)  Civil penalties.--In addition to proceeding under any
     other remedy available under this chapter for the violation of
     any provision of this chapter or any regulation or order issued
     under this chapter, the department may assess a civil penalty
     upon a person for such violation. The maximum civil penalty that
     may be assessed is $1,000 per day for each violation. Each
     violation of any provision of this chapter and each violation
     for each separate day shall constitute a separate and distinct
     offense. The civil penalty may be assessed whether or not the
     violation was willful or negligent. In determining the amount of
     a civil penalty, the department shall consider the degree of
     willfulness and duration of the violation, savings resulting to
     the person as the result of the violation, the damage to water
     resources of this Commonwealth resulting from the violation and
     other relevant factors. When the department proposes to assess a
     civil penalty, it shall inform the person of the proposed amount
     of such penalty. The person charged with the civil penalty shall
     then have 30 days to pay the proposed penalty in full or, if the
     person wishes to contest either the amount of the penalty or the
     fact of the violation, the person shall within the 30-day period
     file an appeal of the action with the Environmental Hearing
     Board. Failure to appeal within the 30-day period shall result
     in a waiver of all legal rights to contest the violation and the
     amount of the civil penalty.
        (d)  Remedies to be concurrent.--The remedies prescribed in
     this chapter shall be deemed concurrent, and the existence or
     exercise of any remedy shall not prevent the department from
     exercising any other remedy under this chapter, at law or in
     equity.