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§ 598. Attorney General's duties; revocation of permit

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 21. Water Power and Water Supply Permits (Refs & Annos)
32 P.S. § 598
§ 598. Attorney General's duties; revocation of permit
The Attorney General may, on the request of the commission,1 institute proceedings in any court now or hereafter by law clothed with jurisdiction in civil cases in which the Commonwealth is a party for the purpose of remedying or correcting, by injunction, mandamus, or other process, any action of commission or omission in violation of the provisions of this act, or of the terms, conditions, or stipulations of any limited power permit or limited water supply permit granted hereunder, or of any lawful regulation or order promulgated hereunder. In the event of the failure of any permittee to comply with the requirements of any final decree in any such proceedings, the Attorney General may institute proceedings for the purpose of revoking the permit. The said courts shall have jurisdiction over all the above-mentioned proceedings, and shall have power to issue and execute all necessary process, and to make and enforce all rights, orders, and decrees to compel compliance with the lawful orders and regulations of the commission in respect of any so permitted dam or appurtenant works, and in respect of any so permitted change or diminution of the course, current, or cross-section of any stream or body of water, and to compel the performance of any condition imposed under the provisions of this act. In the event a decree revoking a permit is entered, the court is empowered to sell the whole or any part of the dam, together with any or all works, lands, and water rights appurtenant thereto or existing under the permit, to wind up the business of such permittee conducted in connection with such dam, change, or diminution, to distribute the proceeds to the parties entitled to the same, and to make and enforce such further orders and decrees as equity and justice may require. At such sale or sales, the vendee shall take the rights and privileges belonging to the permittee, and shall perform the duties of such permittee and assume all outstanding obligations and liabilities of the permittee which the court may deem equitable in the premises.

Credits

1923, June 14, P.L. 704, § 8.

Footnotes

The Water Supply Commission, which was redesignated as the Water and Power Resources Board (see 71 P.S. § 12), was abolished and its powers and duties were transferred to the Department of Environmental Resources. See 71 P.S. §§ 510-1 and 510-103.
32 P.S. § 598, PA ST 32 P.S. § 598
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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