30 C.F.R. § 846.12
When an individual civil penalty may be assessed
(a) Except as provided in paragraph (b) of this section, the Office may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal.
(b) The Office shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the Office to the corporate permittee for the violation, and the cessation order has remained unabated for 30 days.
Notes of Decisions
Cited in 1
case, 1995–1995 · leading case: Pennsylvania Coal Ass'n v. Babbitt, 63 F.3d 231 (3rd Cir. 1995).
Pennsylvania Coal Ass'n v. Babbitt, 63 F.3d 231 (3rd Cir. 1995). “See 30 C.F.R. § 846.12 (a). In contrast, with the omission of the “willfully and knowingly” language from Pennsylvania’s civil liability regulation, the DER may assess civil penalties against a corporate officer who “participates in a violation or whose misconduct or intentional…”
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