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§ 7130.502. Inspection

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 39C. Low-Level Radioactive Waste Disposal Act (Refs & Annos)
Chapter 5. Enforcement and Penalties
35 P.S. § 7130.502
§ 7130.502. Inspection
(a) Authority.--Host municipality and host county inspectors shall have the power to enter the regional facility, and the department or its duly authorized representatives shall have the power to enter each and every facility at any time for the purpose of inspection and the power to enter at any time upon any public or private property, building, premises or place, for the purpose of determining compliance with this act, any permit or license conditions or regulations or orders issued under this act. In the conduct of any investigation, the department or its duly authorized representatives shall have the authority to conduct tests and inspections and examine any book, record, document or other evidence related to the generation, management, transportation or disposal of low-level waste. In the conduct of any investigation, the host municipality inspector shall have the authority, at the regional facility, to conduct tests and inspections and examine any book, record, document or other evidence related to the generation, management, transportation or disposal of low-level waste.
(b) Halt in operations.--The host municipality and host county inspectors, as authorized under section 318(f)(5) and (6),1 shall have the authority to halt operation of the facility if the inspector determines there is an immediate threat to health and safety. This halt in operations shall remain in effect until the department evaluates the situation and determines whether there is a continuing need for the halt in operations. If the department determines there is no continuing need for the halt in operations, the host municipality has the right to appeal this determination to the Environmental Hearing Board, which shall consider the matter immediately.
(c) Search warrant.--An agent or employee of the department may apply for a search warrant, to an issuing authority, for the purposes of testing, inspecting or examining any radioactive material or any public or private property, building, premises, place, book, record or other evidence related to the generation, management, transport or disposal of low-level waste. The host municipality inspector may similarly apply for a search warrant to inspect at the regional facility. It shall be sufficient probable cause to show any of the following:
(1) The test, inspection or examination is pursuant to a general administrative plan to determine compliance with this act.
(2) The agent, employee or inspector has reason to believe that a violation of this act has occurred or may occur.
(3) The agent, employee or inspector has been refused access to the low-level waste, property, building, premises, place, book, record, document or other evidence related to the generation, management, transport or disposal of low-level waste, or has been prevented from conducting tests, inspections or examinations to determine compliance with this act.
(4) The host municipality or host county inspector has made a written complaint to the department.
(5) A landowner has experienced radioactive contamination within three miles of the boundary of the regional facility and he has notified the department pursuant to section 319.2

Credits

1988, Feb. 9, P.L. 31, No. 12, § 502, imd. effective.

Footnotes

35 P.S. § 7130.318.
35 P.S. § 7130.319.
35 P.S. § 7130.502, PA ST 35 P.S. § 7130.502
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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