Current through Register Vol. 54, No. 24, June 15, 2024
Section 86.195 - Penalties against corporate officers(a) The Department may assess a civil penalty against a corporate officer who participates in a violation or whose misconduct or intentional neglect causes or allows a violation.(b) Whenever the Department issues an order to an operator for failing to abate violations contained in a previous order, it will send by certified mail to each corporate officer listed in the surface mining operator's license application under § 86.353 (relating to identification of ownership), or to each corporate officer listed in a coal mining activities application under § 86.62 (relating to identification of interests), a copy of the failure to abate order and a notice of the officer's liability under this section. If the violations are not abated within 30 days of issuance of the failure to abate order, the Department may assess a civil penalty against each officer receiving the notice provided by this subsection.(c) When the Department and the permittee or corporate officer have agreed in writing on a plan for the abatement of or compliance with the failure to abate order, the corporate officer may postpone payment until receiving a decision under § 86.203 (relating to final assessment and payment of penalty), or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.The provisions of this § 86.195 adopted June 25, 1993, effective 6/26/1993, 23 Pa.B. 3075; amended November 14, 1997, effective 11/15/1997, 27 Pa.B. 6041; amended November 28, 1997, effective 11/29/1997, 27 Pa.B. 6186; amended June 17, 2011, effective 6/18/2011, 41 Pa.B. 3084.