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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) General rule.--The department shall issue orders to persons as it deems necessary to aid in the enforcement of the provisions of this act. Orders shall include, but shall not be limited to, orders requiring response actions, studies and access and orders modifying, suspending or ceasing a response action by a responsible person even though the response may have been initially approved by the department. An order issued under this section shall take effect upon notice unless the order specifies otherwise. The power of the department to issue an order under this section is in addition to any other remedy which may be afforded to the department under this act or any other statute.
(b) Types.--The department, when it deems necessary for the response to a release or for the protection of public health, safety or welfare or the environment, shall order, orally or in writing, a person to immediately initiate, continue, suspend or modify a response action; conduct investigations; or provide access to property or information. The order shall be effective upon issuance and may only be superseded by further department action or, after an appeal has been perfected, by the board after notice and hearing. The order may require whatever alternative response actions are necessary for the abatement of the release. Within two business days after the issuance of the oral order, the department shall issue a written order reciting and modifying, where appropriate, the terms and conditions contained in the oral order.
(c) Compliance.--It shall be the duty of any person to proceed diligently to comply with an order issued under this section. When the person fails to proceed diligently or fails to comply with the order within the time specified, the person shall be guilty of contempt and shall be punished by the court in an appropriate manner. For this purpose, application may be made by the department to the Commonwealth Court.
(d) Appeal.--An order issued under this section may be appealed to the board under the act of July 13, 1988 (P.L. 530, No. 94), known as the Environmental Hearing Board Act. 1 An appeal to the board shall not act as a supersedeas.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 6020.1102. Enforcement orders - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-6020-1102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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