§ 6018.602. Enforcement orders
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: January 25, 2021
Effective: January 25, 2021
35 P.S. § 6018.602
§ 6018.602. Enforcement orders
(a) The department may issue orders to such persons and municipalities as it deems necessary to aid in the enforcement of the provisions of this act. Such orders may include, but shall not be limited to, orders modifying, suspending or revoking permits and orders requiring persons and municipalities to cease unlawful activities or operations of a solid waste facility which in the course of its operation is in violation of any provision of this act, any rule or regulation of the department or any terms and conditions of a permit issued under this act. An order issued under this act shall take effect upon notice, unless the order specifies otherwise. An appeal to the Environmental Hearing Board shall not act as a supersedeas. The power of the department to issue an order under this act is in addition to any other remedy which may be afforded to the department pursuant to this act or any other act.
(b) If the department finds that the storage, collection, transportation, processing, treatment, beneficial use or disposal of solid waste is causing pollution of the air, water, land or other natural resources of the Commonwealth or is creating a public nuisance, the department may order the person or the municipality to alter its storage, collection, transportation, processing, treatment, beneficial use or disposal systems to provide such storage, collection, transportation, processing, treatment, beneficial use or disposal systems as will prevent pollution and public nuisances. Such order shall specify the length of time after receipt of the order within which the facility or area shall be repaired, altered, constructed or reconstructed.
(c) Any person or municipality ordered by the department to repair, alter, construct, or reconstruct a solid waste facility or area shall take such steps for the repair, alteration, construction, or reconstruction of the facility or area as may be necessary for the storage, processing, treatment, beneficial use and disposal of its solid waste in compliance with this act and the rules and regulations of the department, and standards and orders of the department.
(d) The Department of Environmental Protection shall have the power to order, orally or in writing, any person or municipality to immediately suspend or modify hazardous waste treatment or disposal activities when he determines that continued operation will jeopardize public health, safety or welfare. Said order shall be effective upon issuance and may only be superseded by further department action or, after an appeal has been perfected, by the Environmental Hearing Board after notice and hearing. Furthermore, said order may require remedial actions to be taken in order to prevent harm to public health, safety or welfare. Within two business days after the issuance of such oral order, the department shall issue a written order reciting and modifying, where appropriate, the terms and conditions contained in the oral order.
1980, July 7, P.L. 380, No. 97, § 602, effective in 60 days. Amended 1989, July 11, P.L. 331, No. 55, § 3, effective in 60 days; 2020, Nov. 25, P.L. 1233, No. 127, § 3, effective in 60 days [Jan. 25, 2021].
35 P.S. § 6018.602, PA ST 35 P.S. § 6018.602
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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