Pennsylvania Statutes Title 52 P.S. Mines and Mining § 3320. Remedies of citizens

(a) Commencement of civil action.--Except as provided in subsection (c), any person having an interest that is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this act or any rule, regulation, order or permit issued pursuant to this act against the department where there is alleged a failure of the department to perform any act that is not discretionary with the department or against any other person who is alleged to be in violation of any provision of this act or any rule, regulation, order or permit issued pursuant to this act. Any other provision of law to the contrary notwithstanding, the courts of common pleas shall have jurisdiction of such actions and venue in such actions shall be as set forth in the Rules of Civil Procedure concerning actions in assumpsit.

(b) Inspection upon information of violation.--Whenever any person presents information to the department that gives the department reason to believe that any person is in violation of any requirement of this act or any condition of any permit issued hereunder or of the statutes enumerated in section 7(c)(9)  1 or any condition of any permit issued thereunder, the department shall immediately order inspection of the operation at which the alleged violation is occurring.

(c) Limitations on commencement of action.--No action pursuant to this section may be commenced prior to 60 days after the plaintiff has given notice, in writing, of the violation to the department and to any alleged violator. In addition, no such action may be commenced if the department has commenced and is diligently prosecuting a civil action in a court of the United States or of the Commonwealth, has issued an order or has entered a consent order and agreement or decree to require compliance with this act or any rule, regulation, order or permit issued under this act, but, in any such action in a court of the United States or of the Commonwealth, any person may intervene as a matter of right.

(d) Imminent threats to health and safety.--The provisions in subsection (c) requiring 60 days' written notice to the contrary notwithstanding, any action under this section may be initiated immediately upon written notification to the department where the violation constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.