§ 6020.503. Information gathering and access
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 6020.503
§ 6020.503. Information gathering and access
(a) Authority.--The authority of this section shall be exercised when there is a reasonable basis to believe there may be a release or threat of release of a hazardous substance or contaminant. The authority of this section shall be exercised for the purposes of determining the need for response, choosing or taking a response action under this act or otherwise enforcing the provisions of this act.
(1) The department may inspect and obtain samples from a site or other place or property referred to in subsection (c) or from a location of a suspected hazardous substance or contaminant. The department's right of inspection shall include the sampling of solids, liquids and gases; excavations for soil sampling; drilling and maintenance of wells to monitor groundwater; and the installation and maintenance of other equipment to monitor the nature or extent of a release of a suspected hazardous substance or contaminant. The department may inspect and obtain samples of containers or labeling for suspected hazardous substances or contaminants. Each inspection shall be completed with reasonable promptness.
(2) When the department obtains samples, before leaving the premises, it shall give to the owner, operator, tenant or other person in charge of the place from which the samples were obtained a receipt describing the sample obtained and, when requested, a portion of the sample. A copy of the results of an analysis made of the samples shall be furnished promptly to the owner, operator, tenant or other person in charge when the person can be located.
(2) The following persons shall allow the department access or right of entry and inspection as may be reasonably necessary to perform a response under section 501:2
(1) In addition to any other remedy provided by this act, the department may enforce the provisions of this section by issuing orders requiring access to information, requiring entry onto property and restraining interference with any response action. An order issued under this section may be appealed to the board under the act of July 13, 1988 (P.L. 530, No. 94),3 known as the Environmental Hearing Board Act.
(5) Except as provided in this subsection, there shall be no administrative or judicial review of action by the department or its agents to obtain access to information, to obtain entry onto property or to perform work on the property in connection with a response action. Neither the board nor any court may restrain action of the department under this section unless all of the following apply:
(6) The minimum civil penalty assessed under section 11044 for a violation of an order issued under this section shall be $5,000 for each day the order is violated.
(1) Except as provided in this subsection, records, reports or other information obtained under this act shall be available to the public for inspection or copying during regular business hours. The department may, upon request, designate records, reports or information as confidential when the person providing the information demonstrates all of the following:
Credits
1988, Oct. 18, P.L. 756, No. 108, § 503, effective in 60 days.
35 P.S. § 6020.503, PA ST 35 P.S. § 6020.503
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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