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Pennsylvania Statutes Title 35 P.S. Health and Safety § 6021.1309. Enforcement orders

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The department may issue such orders as are necessary to aid in the enforcement of the provisions of this act.  Such orders shall include, but shall not be limited to, orders modifying, suspending or revoking permits or certifications, orders requiring persons to cease unlawful activities or cease operation of an establishment which, in the course of its operation, is in violation of any provision of this act, rule or regulation promulgated hereunder, permit, order to take corrective action or to abate a public nuisance, or an order requiring the testing, sampling or monitoring of any tank.  Such an order may be issued if the department finds that any condition existing in or on the facility or operation involved is causing or is creating a danger of pollution of the waters of this Commonwealth, including any public or private water supply, surface water or groundwater or if it finds that the permittee or any person is in violation of any provision of this act, or of any rule, regulation or order of the Environmental Hearing Board or regulation, order, permit or certification of the department, provided, however, that an order addressed to an operation not directly related to the condition or violation in question may be issued only if the department finds that the other enforcement procedures, penalties and remedies available under this act would not be adequate to effectuate prompt or effective correction of the condition or violation.  The department may, in its order, require compliance with such conditions as are necessary to prevent or abate pollution or effect the purposes of this act.  An order issued under this section shall take effect upon notice, unless the order specifies otherwise.  An appeal to the Environmental Hearing Board of the department's order shall not act as a supersedeas, provided, however, that, upon application and for cause shown, the Environmental Hearing Board may issue such a supersedeas.  The right of the department to issue an order under this section is in addition to any remedy or penalty which may be imposed pursuant to this act.  The failure to comply with any such order is hereby declared to be a nuisance.

Cite this article: - Pennsylvania Statutes Title 35 P.S. Health and Safety § 6021.1309. Enforcement orders - last updated January 01, 2019 |

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