67 Pa. Code § 451.4. Control responsibility.

§ 451.4. Control responsibility.

(a)  Screening by the Department. Nonconforming junkyards or automotive dismantlers and recyclers will be screened by the Department where physically and economically feasible, utilizing current Federal and State criteria, design manuals, standards, and specifications, provided Federal and State participating funds are available.
   (1)  The Department will individually analyze the screening required for each site and develop a plan of control which meets the requirements of Federal and State laws, standards, rules and regulations.
   (2)  The Department will not be responsible for the preservation or maintenance of existing screening. Where the screening is subsequently removed or becomes ineffective, the owner of the junkyard or automotive dismantler and recyclers shall be required, after notice of the violation by the Department, to provide the maintenance required in §  451.5(a) (relating to maintenance of junkyard or automotive dismantler and recycler screening).
(b)  Screening by the applicant. All other screening shall be done by the junkyard or automotive dismantler and recycler, subject to Department approval. Screening material and techniques shall be compatible with the environment and shall conform with this chapter. Additional information on screening may be obtained from the Department of Transportation Bureau of Design, Harrisburg, Pennsylvania 17120.
(c)  Right to remove. Where any junkyard or automotive dismantler and recycler is nonconforming and screening is not physically or economically feasible, the Department may remove, relocate, or dispose of the junk, or adopt any combination of control actions it deems appropriate, at the expense of the Department.

Source

   The provisions of this §  451.4 amended January 30, 1981, effective January 31, 1981, 11 Pa.B. 500.

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