The purpose of this Part 5 is to promote the public health,
safety and welfare by implementing and establishing procedures for
assessing civil penalties and costs as authorized by the SFA.
White Township is empowered to assess civil penalties and costs
and implement an assessment process for violations of the SFA by and
pursuant to § 13a of the said Act (35 P.S. § 750.13a)
which section was added to the SFA by the Act of December 14, 1994,
P.L. 1250.
This Part
5 is applicable to any violations of the SFA, any violations of state regulations adopted under the SFA (25 Pa. Code Chapters 71, 72 and 73), violations of any permits issued by White Township under or pursuant to the SFA or the above-cited state regulations, violations of any administrative order issued under or pursuant to the SFA or the above-referenced regulations by the Pennsylvania Department of Environmental Protection or by or on behalf of White Township.
The definitions of the various terms as listed and defined in the SFA and in state regulations appearing at 25 Pa. Code Chapters 71, 72 and 73 are hereby incorporated by reference into this Part
5, so that any of the terms used herein which are defined by the SFA or the cited regulations, shall have the same meaning as set forth in the statute and those regulations, unless the context clearly indicates otherwise.
Prior to assessing a civil penalty or cost, the SEO shall provide
to the violator in question, a notice of proposed assessment which
shall include the following:
A. A description of the action, activity or condition which constitutes
the violation or violations for which the penalty is being assessed.
B. A citation to the provisions of the SFA, regulation, the permit and
administrative order which the SEO finds has been violated by the
person or persons against whom the assessment is being issued.
C. A statement of the amount of civil penalty or costs proposed for
each violation.
D. A notice that the violator has the right to request an assessment
hearing, the purpose of which is to discuss and evaluate the violations
in question, including the amount of the proposed penalty or costs
applicable to each.
E. A statement that if the violator desires an assessment hearing, said
violator must notify the SEO, in writing, of the request for assessment
hearing which written notice must be received by the Township office
not later than 15 days following the violator's receipt of the
notice of proposed assessment.
F. A statement that if a request for assessment hearing is not received
within the allotted time as set forth herein, that the violator will
waive his right to an assessment hearing and that the Township may,
thereafter, proceed to issue an assessment of civil penalty or costs
for the alleged violations set forth in the notice of proposed assessment.
G. A statement explaining that whether or not the violator requests
an assessment hearing, the violator will have the right to appeal
from any assessment or costs which are ultimately issued, by filing
a notice of appeal with the White Township office within 30 days after
receipt of notice of the said final assessment.
H. The notice of proposed assessment shall also contain notice that
the assessment hearing will be informal and will not be governed by
requirements for formal adjudicatory hearings and that if it is requested
will be scheduled thereafter by the SEO or the SEO's designee
at the convenience of the participant.