Pennsylvania Statutes Title 35 P.S. Health and Safety § 6024.706. Remedies of citizens

(a) Authority to bring civil action.--Except as provided in subsection (c), any aggrieved person may commence a civil action on his own behalf against any person who is alleged to be in violation of this act.

(b) Jurisdiction.--The Environmental Hearing Board is given jurisdiction over citizen suit actions brought under this section against the department.  Actions against any other persons under this section may be taken in a court of competent jurisdiction.  The jurisdiction is in addition to any rights of action now or hereafter existing in equity or under the common law or statutory law.

(c) Notice.--No action may be commenced under this section prior to 60 days after the plaintiff has given notice of the violation to the secretary and to any alleged violator of this act or of a regulation or order of the department under this act which has allegedly been violated, nor shall any action be commenced under this section if the secretary has commenced and is diligently prosecuting an administrative action against an alleged violator before the Environmental Hearing Board or a civil or criminal action in a court of the United States or a state to require compliance with this act.

(d) Award of costs.--The Environmental Hearing Board or a court of competent jurisdiction, in issuing any final order in any action brought under subsection (a), may award costs of litigation, including reasonable attorney and expert witness fees, to any party whenever the board or court determines the award is appropriate.