Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 680.12. Failure of municipalities to adopt implementing ordinances

(a) If the department finds that a municipality has failed to adopt or amend, and implement such ordinances and regulations as required by section 11,  1 the department shall provide written notice of violation to the municipality.

(b) Within 60 days of receipt of the notice of violation, the municipality shall report to the department the action which it is taking to comply with the requirement or regulation.

(c) If within 180 days of receipt of the notice of violation, the municipality has failed to comply with such requirement or regulation, as determined by the department, the department shall notify the State Treasurer to withhold payment of all funds payable to the municipality from the General Fund. Provided, that prior to any withholding of funds, the department shall give both notice to the municipality of its intention to notify the State Treasurer to withhold payment of funds and the right to appeal the decision of the department within the 180-day period following notification. The hearing shall be conducted before the Environmental Hearing Board in accordance with the provisions of the act of April 9, 1929 (P.L. 177, No. 175),  2 known as “The Administrative Code of 1929,” and Chapters 5 and 7 of Title 2 (Administrative Law and Procedure), of the Pennsylvania Consolidated Statutes. If an appeal is filed within the 180-day period, funds shall not be withheld from the municipality until the appeal is decided.

(d) Any person, other than a municipality, aggrieved by an action of the department shall have the right within 30 days of receipt of notice of such action to appeal such action to the Environmental Hearing Board, pursuant to section 1921-A,  3 act of April 9, 1929 (P.L. 177, No. 175), known as “The Administrative Code of 1929,” and the provisions of Chapters 5 and 7 of Title 2 (Administrative Law and Procedure) of the Pennsylvania Consolidated Statutes.