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§ 7110.309. Enforcement and abatement

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 39A. Radiation Protection Act (Refs & Annos)
Chapter 3. Radiation Protection
35 P.S. § 7110.309
§ 7110.309. Enforcement and abatement
(a) Public nuisance.--Any violation of this act or of any rule, regulation or order of the department or of any term or condition of any license or registration issued under this act shall constitute a public nuisance. Any person committing the violation shall be liable for the costs of abatement of the nuisance. The Environmental Hearing Board and every court of common pleas are hereby given jurisdiction over actions to recover the costs of the abatement.
(b) Orders.--In addition to other remedies provided under this act or any other act, to aid in the enforcement of this act, the department may issue orders to persons as it deems necessary to protect health and safety. These orders may include an order modifying or revoking registrations or licenses, orders to cease unlawful activities or other acts involving radiation sources that are determined by the department to be detrimental to the public health and safety and such other orders as the department deems necessary to abate public nuisances. An order issued under this subsection shall take effect upon notice, unless the order specifies otherwise. An appeal to the Environmental Hearing Board shall not act as a supersedeas. It shall be the duty of any person to comply with any order issued under this subsection. Any person who fails to comply with an order issued under this subsection shall be guilty of contempt and shall be punished in an appropriate manner by the Commonwealth Court, which court is hereby granted jurisdiction, upon application by the department.
(c) Injunction.--In addition to any other remedies provided for in this act, the department may institute a suit in equity in the name of the Commonwealth for an injunction to restrain a violation of this act or the rules, regulations or orders adopted or issued hereunder, or to restrain the maintenance or threat of a public nuisance. In any such proceeding the court shall, upon motion by the department, issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct 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 such proceedings.
(d) Impoundment, etc.--The department shall have the authority to impound any radiation source or to take other actions as are necessary to abate a public nuisance wherever the department believes that this action is necessary to protect the health and safety of the public.
(e) Emergency order.--Whenever the secretary finds that an emergency exists requiring immediate action to protect the public health and safety, the secretary may issue an emergency order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet the emergency. This order shall be effective immediately. Any person to whom this order is directed shall comply therewith immediately, unless a supersedeas is granted by the Environmental Hearing Board.
(f) Revocation of licenses or permits.--Repeated violations of any provisions of this act or any rules and regulations of the department promulgated under the authority of this act or nonpayment of fees or penalties shall be cause for revocation of licenses or permits issued by the department under this act.


1984, July 10, P.L. 688, No. 147, § 309, effective in 15 days.
35 P.S. § 7110.309, PA ST 35 P.S. § 7110.309
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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