Section 1014 - Enforcement(a) An owner who violates any applicable provision of section 13 and any written order of the department issued undersection 4(b)(2) of this act is guilty of a summary offense and shall, upon conviction thereof, in a summary proceeding, be sentenced to pay a fine or not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) and costs. For the purpose of this section, each day that an offense continues shall be construed to constitute a separate offense. The department shall have the power and duty to initiate summary proceedings in accordance with this section.(b) An operator who violates any provision of section 5(d) or 6(d) and an order of the department issued undersection 4(b)(2) is guilty of a summary offense and shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) and costs. For the purpose of this section, each day that a violation continues shall be construed to constitute a separate offense. The department shall have the power and duty to initiate summary proceedings in accordance with this section.(c) In addition to a proceeding under any other remedy available at law or in equity, the department may assess a civil penalty upon any person who violates any applicable provision of section 13 or any operator who violates section 5(d) or 6(d) and any order issued by the department under section 4(b)(2). A penalty may be assessed whether or not the violation was willful or negligent. When the department assesses a civil penalty, it shall inform the person of the amount of the penalty. The amount must be commensurate with the type, severity and frequency of the violation and its measurable impact on the environment or public health. The owner or operator so assessed shall have thirty days to pay the 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 thirty-day period, file an appeal with the Environmental Hearing Board. Failure to appeal within thirty days of the assessment shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty which may be assessed is one thousand dollars ($1,000) per day for each violation. For the purpose of this section, each day that a violation continues shall be construed to constitute a separate violation.(d) The civil penalty assessed in section 14(c) after administrative hearing or after waiver of administrative hearing shall be payable to the Commonwealth of Pennsylvania and shall be collectable in any manner provided by law for the collection of debts. If any person liable to pay any such penalty neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall constitute a judgment in favor of the Commonwealth upon the property of such person from the date it has been entered and docketed on record by the prothonotary of the county where such is situated. The department may, at any time, transmit to the prothonotary's office of the respective counties certified copies of all such judgments and it shall be the duty of each prothonotary to enter and docket them of record in his office and to index the same as judgments are indexed.1968, Nov. 18, P.L. 1052, No. 322, § 14, effective 1/1/1969. Amended 2002, Feb. 21, P.L. 134, No. 11, § 14, imd. effective.