Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article V - Radiological Health
Chapter 236 - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AND DISPOSAL
Subchapter H - INSPECTIONS, TESTS AND RECORDS
Section 236.703 - Penalties

(a) A person who violates the act, this chapter or an order promulgated or issued under the act commits a summary offense and will, upon conviction, be sentenced to pay a fine of at least $100 but not more than $1,000 for each offense. Default of the fine payment will result in a prison term of a maximum of 90 days.

(b) A person who violates the act, this chapter, a license condition or an order promulgated or issued under the act, within 2 years of having been convicted of a summary offense under the act, commits a misdemeanor of the third degree and will, upon conviction, be sentenced to pay a fine of at least $1,000 but not more than $25,000 for each offense or a maximum prison term of 1 year, or both.

(c) A person who intentionally violates the act or this chapter, an order, permit condition or license condition of the Department under the act and whose action causes the possibility of a public nuisance or bodily harm to a person commits a felony of the second degree and shall, upon conviction, be sentenced to pay a fine of at least $2,500 but not more than $100,000 for each offense per day for each violation or be subject to a prison term of at least 1 year but not more than 10 years, or both.

(d) Each day of continued violation of the act or this chapter, an order, permit condition or license condition of the Department issued under the act shall constitute a separate offense.

(e) In addition to subsections (a)-(d) or in equity for a violation of the act or this chapter, an order, permit condition or license condition of the Department issued under the act, the Department may assess a civil penalty. The civil penalty will not exceed $25,000 for each violation.

(f) Civil payments shall be paid under section 504(e) of the act (35 P. S. § 7130.504(e)).