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§ 6020.1103. Restraining violations

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 29C. Hazardous Sites Cleanup Act (Refs & Annos)
Chapter 11. Enforcement and Remedies
35 P.S. § 6020.1103
§ 6020.1103. Restraining violations
(a) Department.--In addition to any other remedy provided in this act, the department may institute a suit in equity in the name of the Commonwealth, where a violation of law or nuisance exists, for an injunction to restrain a violation of this act or the regulations, standards or orders promulgated or issued hereunder and to restrain the maintenance or threat of a public nuisance. In a proceeding under this subsection, the court shall, upon motion of the Commonwealth, issue a prohibitory or mandatory preliminary injunction when 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 the proceedings. In addition to an injunction, the court may levy civil penalties under section 1104.1
(b) Local government.--In addition to any other remedies provided for in this act, upon relation of a district attorney of an affected county or upon relation of the solicitor of an affected municipality, 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 regulations promulgated under it or to restrain a public nuisance or detriment to public health, safety or welfare or the environment.
(c) Concurrent remedies.--The penalties and remedies prescribed by this act shall be deemed concurrent. The existence of or exercise of one remedy shall not prevent the department from exercising any other remedy under this act, at law or in equity.
(d) Jurisdiction.--Actions instituted under this section may be filed in the appropriate court of common pleas or in the Commonwealth Court. Actions may also be filed in a Federal court or administrative tribunal having jurisdiction over the matter.

Credits

1988, Oct. 18, P.L. 756, No. 108, § 1103, effective in 60 days.

Footnotes

35 P.S. § 6020.1104.
35 P.S. § 6020.1103, PA ST 35 P.S. § 6020.1103
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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