§ 2308. Enforcement.
(a) Assessment.--The commission shall assess interest on any delinquent fee at the rate determined
under section 2307(a) (relating to commission).
(b) Penalty.--In addition to the assessed interest under subsection (a), if a producer fails to
make timely payment of the fee, there shall be added to the amount of the fee due
a penalty of 5% of the amount of the fee if failure to file a timely payment is for
not more than one month, with an additional 5% penalty for each additional month,
or fraction of a month, during which the failure continues, not to exceed 25% in the
aggregate.
(c) Timely payment.--If the commission determines that a producer has not made a timely payment of the
fee, the commission shall send written notice of the amount of the deficiency to the
producer within 30 days from the date of determining the deficiency. The commission
shall notify the department of a producer that has failed to pay the fee for any unconventional
gas well under section 2302 (relating to unconventional gas well fee). If the producer
does not have a pending appeal related to payment of the fee in process, the department
shall suspend the permit for that well until the fee has been paid.
(d) Remedies.--The remedies provided under this chapter are in addition to any other remedies provided
by law or in equity.
(e) Lien.--Fines, fees, interest and penalties shall be collectible as authorized by law for
the collection of debts. If the producer liable to pay an amount neglects or refuses
to pay the amount after demand, the amount, together with costs, shall be a judgment
in favor of the Commonwealth upon the property of the producer, but only after the
judgment has been entered, docketed and recorded by the prothonotary of the county
where the property is situated. The Commonwealth shall transmit to the prothonotaries
of the respective counties certified copies of the judgments. Each prothonotary shall
enter, docket and record the record in the prothonotary's office and index each judgment,
without requiring the payment of costs as a condition precedent to the entry of the
judgment.
Notes of Decisions
Snyder Bros., Inc. v. PA PUC PA Indep. Oil & Gas Ass'n v. PA PUC, 157 A.3d 1018 (Pa. Commw. Ct. 2017).
· cites it 12× “On this basis, the ALJ awarded: (1) interest under section 2308(a) of Act 13, 58 Pa.C.S. §2308(a),6 and accepted I&E’s proposed 3% interest rate as reasonable; (2) a mandatory penalty under section 2308(b) of Act 13, 58 Pa.”
Snyder Bros., Inc. v. Pa. Pub. Util. Comm'n, 198 A.3d 1056 (Pa. 2018).
· cites it 2× “The PUC asserts that the fines and other penalty provisions, see 58 Pa.C.S. §§ 2308 - 2310, are merely enforcement mechanisms to ensure the timely payment of the impact fees by producers, and, therefore, are wholly separate from the portion of the statute at issue in the present…”
Snyder Bros., Inc. v. PA PUC (Pa. Commw. Ct. 2020).
· cites it 7× “Discussion On remand to this Court, the outstanding issues advanced by SBI concern the propriety of the Commission’s imposition of interest and a penalty under section 2308 of Act 13, 58 Pa.C.S. §2308. In general, SBI contends that (1) the 5 statutory procedure and provisions…”
PA Indep. Oil & Gas Assoc. v. PUC, Aplt. (Pa. 2018).
· cites it 2× “The PUC asserts that the fines and other penalty provisions, see 58 Pa.C.S. §§ 2308–2310, are merely enforcement mechanisms to ensure the timely [J-23A-2018 and J-23B-2018] - 19 payment of the impact fees by producers, and, therefore, are wholly separate from the portion of the…”
— 58 Pa. Cons. Stat. § 2308(a) — 2 cases
Snyder Bros., Inc. v. PA PUC PA Indep. Oil & Gas Ass'n v. PA PUC, 157 A.3d 1018 (Pa. Commw. Ct. 2017).
“On this basis, the ALJ awarded: (1) interest under section 2308(a) of Act 13, 58 Pa.C.S. §2308(a),6 and accepted I&E’s proposed 3% interest rate as reasonable; (2) a mandatory penalty under section 2308(b) of Act 13, 58 Pa.”
Snyder Bros., Inc. v. PA PUC (Pa. Commw. Ct. 2020).
“Discussion On remand to this Court, the outstanding issues advanced by SBI concern the propriety of the Commission’s imposition of interest and a penalty under section 2308 of Act 13, 58 Pa.C.S. §2308. In general, SBI contends that (1) the 5 statutory procedure and provisions…”
— 58 Pa. Cons. Stat. § 2308(b) — 2 cases
Snyder Bros., Inc. v. PA PUC PA Indep. Oil & Gas Ass'n v. PA PUC, 157 A.3d 1018 (Pa. Commw. Ct. 2017).
“On this basis, the ALJ awarded: (1) interest under section 2308(a) of Act 13, 58 Pa.C.S. §2308(a),6 and accepted I&E’s proposed 3% interest rate as reasonable; (2) a mandatory penalty under section 2308(b) of Act 13, 58 Pa.”
Snyder Bros., Inc. v. PA PUC (Pa. Commw. Ct. 2020).
“Discussion On remand to this Court, the outstanding issues advanced by SBI concern the propriety of the Commission’s imposition of interest and a penalty under section 2308 of Act 13, 58 Pa.C.S. §2308. In general, SBI contends that (1) the 5 statutory procedure and provisions…”
— 58 Pa. Cons. Stat. § 2308(c) — 1 case
Snyder Bros., Inc. v. PA PUC (Pa. Commw. Ct. 2020).
“Discussion On remand to this Court, the outstanding issues advanced by SBI concern the propriety of the Commission’s imposition of interest and a penalty under section 2308 of Act 13, 58 Pa.C.S. §2308. In general, SBI contends that (1) the 5 statutory procedure and provisions…”
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