provision of this act, rule or regulation of the department,
order of the department or term or condition of a permit
issued under this act is guilty of a misdemeanor of the third
degree and, upon conviction, shall be subject to a fine of
not less than $1,250 nor more than $12,500 for each separate
offense or to imprisonment for a period of not more than one
year, or both.
(3) A person who, after a conviction of a misdemeanor
for a violation within two years as provided in paragraph
(2), willfully or negligently violates a provision of this
act, rule or regulation of the department, order of the
department or term or condition of a permit issued under this
act is guilty of a misdemeanor of the second degree and, upon
conviction, shall be subject to a fine of not less than
$1,250 nor more than $25,000 for each offense or to
imprisonment for a period of not more than two years, or
both.
(d) Pre-enforcement conference.--Notwithstanding any other
provision of this act, before the department shall institute a
criminal proceedings against a person under subsection (c), the
department shall, in writing, provide the person with an
opportunity for a pre-enforcement conference.
(e) Civil penalties.--In addition to proceeding under any
other remedy available at law or in equity for a violation of a
provision of this act, rule or regulation of the department,
order of the department or term or condition of a permit issued
under this act, the department may assess a civil penalty upon a
person for the violation. The following shall apply:
(1) The penalty may be assessed whether or not the
violation was willful or negligent.
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