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§ 6021.107. Powers and duties of department

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29D. Storage Tank and Spill Prevention Act (Refs & Annos)
Chapter 1. General Provisions (Refs & Annos)
35 P.S. § 6021.107
§ 6021.107. Powers and duties of department
Currentness
(a) Cooperative agreements.--The department is authorized to enter into agreements, contracts or cooperative arrangements under such terms and conditions as may be deemed appropriate, with other State agencies, Federal agencies, and cities and counties of the first and second class to delegate any or all of its regulatory authority to permit, inspect, monitor and enforce this act and the underground and aboveground storage tank programs, provided that the counties and cities of the first and second class have a storage tank program in effect that is at least as stringent as this act.
(b) Compliance policy and procedure.--The department shall develop and implement policies, procedures and forms as may be necessary and appropriate in order to administer and obtain compliance with this act, or the rules and regulations promulgated pursuant to this act, and permits issued hereunder.
(c) Production of materials, recordkeeping requirements and rights of entry.--
(1) The department, its agents and employees are authorized to require any person regulated by this act to establish and maintain such records and make such reports and furnish such information as the department may prescribe regarding any matter regulated by this act.
(2) The department is authorized to make such inspections, conduct such tests or sampling, or examine or require production of books, papers and records, and physical evidence pertinent to any matter under investigation pursuant to this act as it deems necessary to determine compliance with this act and, for this purpose, the duly authorized agents and employees of the department are authorized to enter and examine any property, facility, operation or activity governed by this act, upon presentation of appropriate credentials, without prior notice at all reasonable times, during regular business hours of the operation and times when activity is being conducted at the site.
(3) The owner, operator or other person in charge of such property, facility, operation or activity, upon presentation of proper identification and purpose for inspection by the agents or employees of the department, shall give such agents and employees free and unrestricted entry and access and, upon refusal to grant such entry or access, the agent or employee may obtain a search warrant or other suitable order for the purposes of inspecting, examining and seizing any property, building, premises, place, book, record or other physical evidence, and for the purposes of conducting tests and taking samples. Such warrants shall be issued upon probable cause. It shall be sufficient probable cause to show any one of the following:
(i) The inspection, examination, test or sampling is pursuant to a general administrative plan to determine compliance with this act.
(ii) The agent or employee has reason to believe that a violation of this act has occurred or is likely to occur.
(iii) The agent or employee has been refused access to the property, building, premises, place, book, record or other physical evidence on sites or pertaining to matters governed by this act or has been prevented from conducting tests or obtaining physical evidence which activities are necessary to determine compliance or to respond to a violation of this act.
(iv) The object of the investigation is subject to regulation under this act and access, examination, inspection or testing is necessary to enforce the provisions of this act.
(d) Certification program.--The department shall have the authority to establish, by regulation, a certification and licensing program for installers and inspectors of storage tanks and storage tank facilities, including procedures for the suspension and revocation of certifications.
(e) Revocation.--The department shall have the power to revoke any permit, certification or registration provided for in this act for any violation of this act or the regulations promulgated hereunder.
(f) Enforcement.--The department shall have the authority to issue orders, assess civil penalties, institute enforcement proceedings and prosecute violations of this act as deemed by the department to be necessary and appropriate.
(g) Corrective action.--The department shall have the authority to order corrective action to be undertaken, to take corrective action or to authorize a third party to take corrective action.
(h) Cost recovery.--The department shall have the authority to recover the costs of taking or authorizing third parties to take corrective action. Cost recovery shall not include the cost of routine inspection and permitting activities not associated with a release.

Credits

1989, July 6, P.L. 169, No. 32, § 107, effective in 30 days.
35 P.S. § 6021.107, PA ST 35 P.S. § 6021.107
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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