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§ 5910. Enforcement and penalties

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 28A. Lead Certification Act (Refs & Annos)
35 P.S. § 5910
§ 5910. Enforcement and penalties
Currentness
(a) General rule.--A person shall not cause, suffer, permit or allow a lead-based paint activity to be performed in violation of any provision of this act or regulations promulgated under this act; nor shall any person cause, suffer, permit or allow the performance of any act or operation in violation of any order issued by the department pursuant to this act or regulations promulgated under this act.
(b) Violations.--The department shall have the power to issue an order requiring compliance with this act or regulations promulgated under this act. An order shall be served personally or by certified mail at the last known address of the person violating a provision of this act or a regulation promulgated under this act. In the case of a violation of a lead-based paint work practice standard, a copy of the order shall also be served personally or by certified mail at the last known address upon the property owner and a copy shall be posted on the premises.
(c) Hazardous conditions.--If the department determines that a hazardous condition exists due to the failure to comply with a provision of this act or a regulation promulgated under this act, the department, in addition to invoking other sanctions available to it, may invoke any of the following remedies:
(1) Issue an order to those engaged:
(i) to cease immediately all lead-based paint activities until the condition is corrected; and
(ii) to remove any workers except those needed to abate the hazard from the project work area until the condition is corrected in order to prevent further project activity.
(2) Evacuate appropriate portions of the site until the condition is corrected.
(3) Certify the existence of a lead-based paint hazard that exists due to the failure of a contractor or his employee to comply with the provisions of this act, charge the added cost of any corrective cleanup or removal to the contractor responsible for the hazardous condition which exists due to the noncompliance and collect the cost by lien or any other means as may be authorized by law.
(4) Apply to an appropriate court for relief by injunction or restraining order against any person responsible for the hazardous condition.
(d) Penalties.--In addition to the sanctions or remedial orders provided in this section, a person who fails to comply with a requirement of this act or a regulation promulgated under this act or who fails to obey an order issued by the department may be subject to any of the following penalties:
(1) Denial, suspension or revocation of accreditation or certification for a person, training provider or contractor who does any of the following:
(i) Fraudulently or deceptively obtains or attempts to obtain accreditation or certification.
(ii) Fails to meet the requirements of this act or regulations adopted under this act.
(iii) Fails to meet applicable Federal or State standards relating to lead-based paint activities.
(iv) Fails to pay a required fee.
(2) Imposition of an administrative penalty of not more than $1,000 for the first offense, not more than $5,000 for the second offense and not more than $10,000 for the third and each subsequent offense.
(3) Issuance of an order to cease any lead-based paint activity immediately.
(4) Initiation of legal action or proceeding in a court of competent jurisdiction.
(e) Continued violations.--Each day a violation continues to exist shall constitute an additional, separate and distinct violation for which a separate penalty shall be imposed.

Credits

1995, July 6, P.L. 291, No. 44, § 10, effective in 270 days.
35 P.S. § 5910, PA ST 35 P.S. § 5910
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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