58 Pa. Stat. § 601.503

Current through P.A. Acts 2023-32
Section 601.503 - Enforcement orders
(a) Except as modified by subsections (b), (c) and (d), the department shall have the authority to issue such orders as are necessary to aid in the enforcement of the provisions of this act. An order issued under this act shall take effect upon notice, unless the order specifies otherwise. The power of the department to issue an order under this act is in addition to any other remedy which may be afforded to the department pursuant to this act or any other act.
(b) The department shall have the authority to suspend or revoke a well permit or well registration pursuant to this section for any well in continuing violation of this act, the act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law, theact of July 7, 1980 (P.L. 380, No. 97) , known as the Solid Waste Management Act, or other statutes administered by the department, or any rule or regulation promulgated thereunder. The right of the department to revoke a permit or registration under this subsection shall not be effective until a final administrative determination has been made of any such violation and no appeal is pending in which a stay has been granted. Any suspension order of the department shall automatically terminate if the violation upon which it is based is corrected by the operator so as to bring the well into compliance with this act.
(c) Prior to the suspension or revocation of a well permit or registration, the department shall serve written notice upon the well operator or its agent of the intention of the department to suspend or revoke and shall state with specificity the statutory provisions, appropriate rule or regulation or other reason and the factual circumstances which surround the violation upon which the suspension or revocation is to be based. The well operator shall have 15 days to request a conference with the department to give such cause why such action should not be taken. Upon receipt of such written notice, the department shall hold a conference and shall, within 15 days thereafter, make a decision on whether to suspend or revoke the well permit or registration. The department shall provide written notice of its decision to the well operator or its agent, which shall become effective upon receipt thereof.
(d) Any order of the department requiring the immediate cessation of drilling operations shall only be effective if authorized by the Secretary of the department or by the Deputy Secretary for Environmental Protection.
(e) Any person who shall be aggrieved by an order of the department issued under this section shall have the right, within 30 days of receipt of the notice thereof, to appeal the action to the Environmental Hearing Board in accordance with section 1921(a) of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929.

58 P.S. § 601.503

1984, Dec. 19, P.L. 1140, No. 223, § 503, effective in 120 days.