Subchapter F. ENFORCEMENT AND INSPECTION
Sec.
77.351. Enforcement.
77.352. Inspection authorization.
77.353. Inspection—general.
Cross References This subchapter cited in 25 Pa. Code § 77.109 (relating to noncoal exploration activities).
§ 77.351. Enforcement.
Violations once identified by a State inspector or other appropriate official shall be corrected in a reasonable time, not to exceed 90 days, as prescribed by the Department. Additional time to achieve compliance may be granted if additional time is necessary to achieve the standards in the environmental acts and the act and regulations promulgated thereunder. The additional time may not be granted for reasons of financial hardship but only when additional time is essential for the achievement of the standards of environmental protection set forth in the environmental acts and the act and regulations thereunder. The utilization of this provision by the Department will not limit the Department from initiating another proceeding, penalty action or other action available to it under the environmental acts and the act and regulations thereunder. Other action may be initiated regardless of a violator’s compliance with this section.
Source The provisions of this § 77.351 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.352. Inspection authorization.
(a) The Department and its agents and employes will:
(1) Have access to, and require the production of, books and papers, documents and physical evidence pertinent to a matter under investigation.
(2) Enter a building, property, premises or place where noncoal mining activities are conducted for the purpose of making an investigation or inspection as may be necessary to ascertain the compliance or noncompliance by a person with the environmental acts and the act and regulations thereunder.
(b) The Department, its employes and agents intend to conduct inspections of the noncoal mines twice a year. The provisions of this subsection are subject to the availability of personnel and financial resources. This subsection does not create a duty by the Department to conduct a minimum number of inspections per year at a facility, create a right in a person or municipality to a minimum number of inspections per year by the Department at a facility or sets a maximum number of inspections.
(c) The Department, its employes and agents may conduct additional inspections, including follow-up inspections, of noncoal mines and activities related to public health, safety, welfare or the environment; compliance with the act, the environmental acts, this title, the terms or conditions of a permit; or a requirement of an order.
(d) The Department, its employes and agents may also conduct inspections of noncoal mines and activities whenever a person or municipality presents information to the Department which gives the Department reason to believe that a person or municipality:
(1) Is in violation of a requirement of the act, this chapter or a permit issued thereunder.
(2) May have violated an environmental protection act listed in section 7(c)(9) of the act (52 P. S. § § 3307(c)(9)) or a condition of a permit or a regulation issued under those acts.
Source The provisions of this § 77.352 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
§ 77.353. Inspection—general.
Whenever a Department inspection determines that there is a violation of the act, the environmental acts, the regulations thereunder, a permit or Department approval, the Department will notify the alleged violator either by copy of the inspection report, notice of violation or through Department order or other enforcement document. The failure of the Department to issue a notice of a violation is not evidence of the absence of a violation. The notices, documents or records will be available for public inspection at the appropriate Department district office. If the operation is active and personnel are onsite, a copy of the inspection report will be left at the site.
Source The provisions of this § 77.353 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
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