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§ 693.20. Enforcement orders

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part II. Waters (Refs & Annos)
Chapter 25A. Dam Safety and Encroachments (Refs & Annos)
32 P.S. § 693.20
§ 693.20. Enforcement orders
(a) The department may issue such orders as are necessary to aid in the enforcement of the provisions of this act. Such orders shall include, but shall not be limited to, orders modifying, suspending or revoking permits and orders requiring persons to cease any activity which is in violation of the provisions of this act. Such an order may be issued if the department finds that a person is in violation of any provision of this act, or of any rule or regulation issued hereunder. The department may, in its order, require compliance with such terms and conditions as are necessary to effect the purposes of this act.
(b) An order issued under this section shall take effect upon notice, unless the order specifies otherwise.
(c) Any person violating or failing to comply with any order of the department from which no appeal has been taken or which has been sustained on appeal, or which has been appealed but where no supersedeas has been granted for the period in which the order has been violated shall be deemed to be in contempt of such order. Upon petition and certification of such order by the department or the hearing board, the court shall, if it finds, after hearing or otherwise, that the respondent is not in compliance with the order, adjudge the respondent in contempt of the order and shall assess civil penalties of an amount not less than $100 nor greater than $10,000 per violation plus $500 for each continuing day of violation. Where the respondent has not as of the date of hearing before the court complied with the order of the department or board, the court shall specifically order the respondent to immediately and fully comply with such order, and may issue any further order as may be appropriate.
(d) The right of the department to issue an order under this section is in addition to any penalty which may be imposed or any action taken pursuant to this act. The failure to comply with any such order is hereby declared to be unlawful conduct and a nuisance.

Credits

1978, Nov. 26, P.L. 1375, No. 325, § 20, effective July 1, 1979. Affected 1980, Oct. 5, P.L. 693, No. 142, § 332, effective in 60 days.
32 P.S. § 693.20, PA ST 32 P.S. § 693.20
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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