§ 102.32. Compliance and enforcement provisions.
(a) Compliance and enforcement actions under this chapter which may be pursued include the following. The actions listed are cumulative and the exercise of one action does not preclude the exercise of another. The failure to exercise an action will not be deemed to be a waiver of that action:
(1) Investigations and inspections.
(2) Response to complaints.
(3) Orders (including orders to remediate or restore).
(4) Civil penalty proceedings, except as provided in subsection (b).
(5) Summary proceedings.
(6) The suspension, revocation, withholding or denial of permits or approvals.
(7) Notices of violation.
(8) Actions in a court of competent jurisdiction, including requests for injunctive relief.
(9) Other administrative, civil, criminal or equitable action authorized by law.
(b) If the Department finds that pollution or a danger of pollution results from an act of God in the form of sediment from land for which a complete Conservation Plan has been developed by the conservation district and the Natural Resource Conservation Service, and the plan has been fully implemented and maintained, the landowner shall be excluded from the penalties of The Clean Streams Law (35 P. S. § § 691.1691.1001).
(c) A person aggrieved by an action of a conservation district under this chapter shall request an informal hearing with the Department within 30 days following the notice of the action. The Department will schedule the informal hearing and make a final determination within 30 days of the request. Any final determination by the Department under the informal hearing may be appealed to the EHB in accordance with established administrative and judicial procedures.
(d) For enforcement action taken under this subchapter, the Department or conservation district may collect or recover, from the responsible party, costs and expenses involved in taking enforcement action in accordance with this subchapter and initiating cost recovery actions under this subchapter. The Department or conservation district may collect the amount in the same manner as civil penalties are collected under section 605 of The Clean Streams Law (35 P. S. § 691.605).
The provisions of this § 102.32 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).
The provisions of this § 102.32 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended June 3, 1977, effective June 20, 1977, 7 Pa.B. 1478; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial pages (266251) to (266252).
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