Section 182.10 - Compliance(a) The commission may issue a warning and order requiring compliance with this act and may levy an administrative penalty for a violation of this act. A warning, order or penalty shall be served on the person or entity violating this act at the person's last known address. A party aggrieved by the imposition of an order or administrative penalty imposed by the commission may appeal the order or penalty as provided under 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).(b) The following shall apply: (1) A person or entity violating this act may be subject to:(i) an administrative penalty of not more than two thousand five hundred dollars ($2,500) per violation; or(ii) if the violation results in injury, death or property damage of twenty-five thousand dollars ($25,000) or more, an administrative penalty of not more than fifty thousand dollars ($50,000).(2) The commission and committee shall consider the following factors in determining the administrative penalty to be assessed:(i) The history of the party's compliance with the act prior to the date of the violation.(ii) The amount of injury or property damage caused by the party's noncompliance.(iii) The degree of threat to the public safety and inconvenience caused by the party's noncompliance.(iv) The party's proposed modification to internal practices and procedures to ensure future compliance with statutes and regulations.(v) The degree of the party's culpability.(vi) Other factors as may be appropriate considering the facts and circumstances of the incident.(c) An administrative penalty recovered under this section shall be payable to the commission and collected in the manner provided for by law.(d) This act shall not affect a civil remedy for personal injury or property damage, except as provided for under this act.(e) The commission may issue a subpoena, on application of an attorney responsible for representing the Commonwealth in actions before the commission, for the purpose of investigating an alleged violation of this act. The commission shall have the power to subpoena witnesses and compel the production of books, records, papers and documents.(f) No provision of this act shall be construed or interpreted to do any of the following: (1) Affect the ability of a district attorney or the Attorney General to investigate or file a claim for the same conduct.(2) Deprive a governmental agency, including a law enforcement agency, the Auditor General and a district attorney, of any jurisdictional power or duty.(g) A facility owner may petition a court of competent jurisdiction to enjoin excavation or demolition work conducted in violation of this act. Local law enforcement or emergency management personnel may, in the interest of public safety, order an excavator on a work site to stop further excavation if the excavation is being conducted in violation of this act. Added by P.L. TBD 2017 No. 50, § 5, eff. 4/28/2018.