§8306. Penalties.

(a) Offenses defined.--Any person who violates any provision of this chapter, any rule or regulation of the department, any order of the department or any condition of any permit issued pursuant to this chapter commits a summary offense and, upon conviction, the person shall be subject to a fine of not less than $50 nor more than $1,000 for each separate offense, and, in default of the payment of the fine, shall be imprisoned for a period of 90 days.

(b) Willful violations.--Any person who willfully violates any provision of this chapter, any rule or regulation of the department, any order of the department or any condition of any permit issued pursuant to this chapter commits a misdemeanor of the third degree and, upon conviction, shall be subject to a fine of not less than $1,000 nor more than $25,000 for each separate offense or to imprisonment in the county jail for a period of not more than one year, or both.

(c) Subsequent willful violations.--Any person who, after a conviction of a misdemeanor for any violation within two years as provided in this section, willfully violates any provision of this chapter, any rule or regulation of the department, any order of the department or any condition of any permit issued pursuant to this chapter commits a misdemeanor of the second degree and, upon conviction, shall be subject to a fine of not less than $2,500 nor more than $50,000 for each separate offense or to imprisonment for a period of not more than two years, or both.

(d) Continuing violations.--Each day of continued violation of any provision of this chapter, any rule or regulation of the department, any condition of any permit or order of the department issued pursuant to this chapter shall constitute a separate offense.

(e) Jurisdiction.--All summary proceedings under the provisions of this chapter may be brought before any magisterial district judge of the county where the offense occurred or in the county where the public is affected, and to that end jurisdiction is hereby conferred upon the magisterial district judges, subject to appeal by either party in the manner provided by law for appeals from summary convictions. It shall be the duty of the district attorney of the county to represent the interests of the Commonwealth.

(f) Shipping documents.--A properly prepared shipping document shall be prima facie evidence of the contents of a vehicle carrying hazardous materials.

(June 19, 1985, P.L.49, No.20, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

Notation

2004 Amendment.  Act 207 amended subsec. (e).

1985 Amendment.  Act 20 added subsec. (f).