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§ 4000.1707. Production of materials; recordkeeping requirements

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal Corporations

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 17A. The Municipal Waste Planning, Recycling and Waste Reduction Act (Refs & Annos)
Chapter 17. Enforcement and Remedies
53 P.S. § 4000.1707
§ 4000.1707. Production of materials; recordkeeping requirements
(a) Authority of department.--The department and its agents and employees shall:
(1) Have access to, and require the production of, books and papers, documents and physical evidence pertinent to any matter under investigation.
(2) Require any person engaged in the municipal waste management or municipal waste planning to establish and maintain such records and make such reports and furnish such information as the department may prescribe.
(3) Have the authority to enter any building, property, premises or place where solid waste is generated, stored, processed, treated or disposed of for the purposes of making an investigation or inspection necessary to ascertain the compliance or noncompliance by any person with the provisions of this act and the regulations promulgated under this act. In connection with the inspection or investigation, samples may be taken of a solid, semisolid, liquid or contained gaseous material for analysis. If analysis is made of the samples, a copy of the results of the analysis shall be furnished within five business days after receiving the analysis to the person having apparent authority over the building, property, premises or place.
(b) Warrants.--An agent or employee of the department may apply for a search warrant to any Commonwealth official authorized to issue a search warrant for the purposes of inspecting or examining any property, building, premises, place, book, record or other physical evidence; of conducting tests; or of taking samples of any solid waste. The warrant shall be issued upon probable cause. It shall be sufficient probable cause to show any of the following:
(1) The inspection, examination, test or sampling is pursuant to a general administrative plan to determine compliance with this act.
(2) The agent or employee has reason to believe that a violation of this act has occurred or may occur.
(3) The agent or employee has been refused access to the property, building, premises, place, book, record or physical evidence or has been prevented from conducting tests or taking samples.

Credits

1988, July 28, P.L. 556, No. 101, § 1707, effective in 60 days.
53 P.S. § 4000.1707, PA ST 53 P.S. § 4000.1707
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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