Section 723.13 - Penalties and remedies(a) Duty to comply with orders of department.--It shall be the duty of any person to proceed diligently to comply with any order issued by the department under this act. If such person fails to proceed diligently or fails to comply with the order within such time, if any, as may be specified, the person shall be guilty of contempt and shall be punished by the court in an appropriate manner; and for this purpose, application may be made by the department to the Commonwealth Court, which court is hereby granted jurisdiction.(b) Equitable relief.--The department may proceed in equity in the Commonwealth Court or in a court of common pleas having jurisdiction to restrain or prevent violations of this act or to compel compliance with this act or any rule, regulation or order issued pursuant to this act.(c) Summary offense.--A person who violates any provision of this act, any rule or regulation of the department or any order of the department, or who resists or interferes with an officer, agent or employee of the department in the performance of his duties, commits a summary offense and shall, upon conviction in the county in which the offense was committed, be sentenced to pay a fine of not less than $100 nor more than $1,000, and costs, for each separate offense or, in default of payment thereof, shall be sentenced to imprisonment for a period of not more than 30 days.(d) Misdemeanor of the third degree.--Any person who willfully or negligently violates any provision of this act, any rule or regulation of the department or any order of the department commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,250 nor more than $12,500 for each separate offense or to imprisonment for not more than one year, or both.(e) Misdemeanor of the second degree.--Any person who, after a conviction of a misdemeanor for any violation within two years as provided in subsection (d), willfully or negligently violates any provision of this act, any rule or regulation of the department or any order of the department commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,250 nor more than $25,000 for each offense or to imprisonment for not more than two years, or both.(f) Civil penalties.--In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this act, any rule or regulation of the department or any order of the department, the department may assess a civil penalty upon a person for such violation. Such 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 person charged with the penalty shall then have 30 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 30-day period, file an appeal of the action with the Environmental Hearing Board. Failure to appeal within 30 days 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 pursuant to this section is $1,000 per day for each violation. Each violation for each separate day and each violation of any provision of this act, any rule or regulation under this act or any order of the department shall constitute a separate and distinct offense under this section.(g) Civil action to compel compliance.--Any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this act or any rule, regulation or order issued pursuant to this act against any person alleged to be in violation of any provision of this act or any rule, regulation or order issued pursuant to this act. Any other provision of law to the contrary notwithstanding, the courts of common pleas shall have jurisdiction of such actions, and venue in such actions shall be as set forth in the Rules of Civil Procedure concerning actions in assumpsit.(h) Additional remedies.--The penalties and remedies prescribed by this act shall be deemed concurrent, and the existence or exercise of any remedy shall not prevent the department from exercising any other remedy hereunder, at law or in equity.(i) Violation defined.--For purposes of determining what constitutes a violation under sections 4 and 5, a violation is defined as follows: (1) Under section 4, a violation means each separate transaction.(2) Under section 5, a violation means: (i) use of materials that are not lead free in the plumbing system of each service connection to a public water system; or(ii) use of materials that are not lead free in each private individual water system.(j) Separate offenses.--Violations on separate days shall constitute separate offenses for purposes of this act.1989, July 6, P.L. 207, No. 33, § 13, effective in 18 months.