for a subsequent offense. Each [calendar year] month of
noncompliance shall constitute a separate violation.
(2) Any person who fails to comply with subsection (c)
[shall forfeit and pay a civil penalty of not less than $250
nor more than $5,000. The penalty shall be recovered by civil
suit or process in the name of the Commonwealth] commits a
summary offense of the second degree for the first offense
and a summary offense of the first degree for a subsequent
offense. Each [calendar year] month of noncompliance shall
constitute a separate violation.
* * *
(5) THE PROVISIONS OF 18 PA.C.S. (RELATING TO CRIMES AND
OFFENSES) AND SECTION 923 (RELATING TO CLASSIFICATION OF
OFFENSES AND PENALTIES), INSOFAR AS THEY RELATE TO
IMPRISONMENT FOR CONVICTIONS OF SUMMARY AND MISDEMEANOR
OFFENSES, ARE NOT APPLICABLE TO THIS SECTION.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Owner." The person who owns a run-of-the-river dam
regulated by the Department of Environmental Protection pursuant
to the act of November 26, 1978 (P.L.1375, No.325), known as the
Dam Safety and Encroachments Act.
"Permit." A permit issued by the Department of Environmental
Protection pursuant to the act of November 26, 1978 (P.L.1375,
No.325), known as the Dam Safety and Encroachments Act.
"Permittee." The person who has been issued a permit by the
Department of Environmental Protection to maintain a run-of-the-
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