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§ 6018.604. 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 29A. Solid Waste Management Act (Refs & Annos)
Article VI. Enforcement and Remedies
35 P.S. § 6018.604
§ 6018.604. Restraining violations
(a) 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 a violation of law or nuisance exists for an injunction to restrain a violation of this act or the rules, regulations, standards or orders adopted or issued thereunder 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. In addition to an injunction, the court in such equity proceedings, may levy civil penalties as specified in section 605.1
(b) 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 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 rules and regulations promulgated hereunder, or to restrain any public nuisance or detriment to health.
(c) The penalties and remedies prescribed by this act shall be deemed concurrent and the existence of or exercise of any remedy shall not prevent the department from exercising any other remedy hereunder, at law or in equity.
(d) Repealed by 1982, Dec. 20, P.L. 1409, No. 326, art. III, § 319 [42 P.S. § 20079], effective in 60 days.

Credits

1980, July 7, P.L. 380, No. 97, § 604, effective in 60 days. Affected 1982, Dec. 20, P.L. 1409, No. 326, art. III, § 319, effective in 60 days.

Footnotes

35 P.S. § 6018.605.
35 P.S. § 6018.604, PA ST 35 P.S. § 6018.604
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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