Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

25 Pa. Code § 101.2. [Reserved].

§ 101.2. [Reserved].


Source

   The provisions of this §  101.2 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended October 25, 1974, effective within 15 days following publication, 4 Pa.B. 2282; amended through July 16, 1983, effective July 17, 1983, 13 Pa.B. 2195; reserved January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial pages (237395) to (237396) and (234597) to (234598).

Notes of Decisions

   Immediate Action

   The notification requirements do not violate an offender’s privilege against self-incrimination, since the notice admits only that an accident has occurred which may cause pollution; a telephone call by a borough police officer to a District Waterways patrolman employed by the Fish Commission is not sufficient notice to the Department of Environmental Resources. Commonwealth v. Shippensburg Borough, 2 Pa. D. & C.3d 417 (1977).

   The intent of 25 Pa. Code §  101.2(a) is to alert others downstream about the possibility of pollution; the fact that the damage appeared to be done by the time it was discovered is no reason for failing to notify the Department of Environmental Resources. Commonwealth v. Shippensburg Borough, 2 Pa. D. & C.3d 417 (1977).



No part of the information on this site may be reproduced for profit or sold for profit.


This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.