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§ 6020.1106. Search warrants

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. § 6020.1106
§ 6020.1106. Search warrants
Currentness
An agent or employee of the department may apply to any Commonwealth official authorized to issue a search warrant for the purposes of searching any property, building, premises or place, of seizing any book, record or other physical evidence, of conducting tests, or of taking samples of any solid waste. Such warrant shall be issued upon probable cause. It shall be sufficient probable cause to show any of the following:
(1) The search, seizure, 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 or place, has been refused possession of any book, record or physical evidence, or has been prevented from conducting tests or taking samples.
(4) The employee has reason to believe that a release or a threat of a release of a hazardous substance or contaminant exists on the property or on a nearby property and that testing and sampling are needed for determining the nature or extent of the release.
(5) The employee has reason to believe that there are containers or impoundments on the property which are typical of those used for containing or impounding hazardous substances and that testing, sampling or the review of records is necessary to determine whether hazardous substances are present.

Credits

1988, Oct. 18, P.L. 756, No. 108, § 1106, effective in 60 days.
35 P.S. § 6020.1106, PA ST 35 P.S. § 6020.1106
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document