§ 4000.1703. Restraining violations
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal Corporations
53 P.S. § 4000.1703
§ 4000.1703. Restraining violations
(a) Injunctions.--In addition to any other remedies provided in this act, the department may institute a suit in equity in the name of the Commonwealth where unlawful conduct or public nuisance exists for an injunction to restrain a violation of this act, the regulations promulgated pursuant thereto, any order issued pursuant thereto, or the terms or conditions of any approved municipal waste management plan, and to restrain the maintenance or threat of a public nuisance. In any such proceeding, the court shall, upon motion of the Commonwealth, issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct as defined by this act or is engaged in conduct which is causing immediate and irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with such proceedings. In addition to an injunction, the court, in such equity proceedings, may levy civil penalties as specified in section 1704.1
(b) Jurisdiction.--In addition to any other remedies provided for in this act, upon relation of any district attorney of any county affected, or upon relation of the solicitor of any county or municipality affected, an action in equity may be brought in a court of competent jurisdiction for an injunction to restrain any and all violations of this act or the regulations promulgated pursuant thereto, or to restrain any public nuisance.
Credits
1988, July 28, P.L. 556, No. 101, § 1703, effective in 60 days.
Footnotes
53 P.S. § 4000.1704.
53 P.S. § 4000.1703, PA ST 53 P.S. § 4000.1703
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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