Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1251 - Penalties and remedies(a) Initial offense.--Except as provided for in subsection (c), a person that violates this act or a regulation under this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500.(b) Subsequent offenses.--A person that, after being sentenced under subsection (a), violates this act or a regulation under this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000.(c) Improper container.--A person who violates section 7(c) relating to portable container specifications commits a summary offense and, upon conviction thereof, shall be sentenced to pay a fine of not more than $100. The responsibility for compliance withsection 7(c) shall reside exclusively with persons who use portable containers to store or handle flammable combustible liquids. The filling of such containers in connection with the sale or distribution of gasoline or kerosene shall not constitute an act of storage or handling for purposes of this section, and no seller shall incur any civil liability for failure to properly identify the contents of such containers.(d) Restitution.--If the sign required under section 7(b)(2) is posted, a person that violates section 10(4) shall be liable for payment of all environmental cleanup costs associated with a fuel spill resulting from the person's violation ofsection 10(4).1998, Feb. 11, P.L. 58, No. 15, §11, effective in 60 days. Amended 2000 , Oct. 18, P.L. 574, No. 74, § 2, effective in 60 days; 2004, Nov. 23, P.L. 937, No. 134, § 3, effective 1/24/2005.