CHAPTER 101. [Reserved]


Cross References

   This chapter cited in 25 Pa. Code §  78.18 (relating to disposal and enhanced recovery well permits).

§ 101.1. [Reserved].


Source

   The provisions of this §  101.1 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; reserved January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (237395).

§ 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).

§ 101.3. [Reserved].


Source

   The provisions of this §  101.3 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; reserved January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (234599).

Cross References

   This section cited in 25 Pa. Code §  78.55 (relating to control and disposal plan).

§ 101.4. [Reserved].


Source

   The provisions of this §  101.4 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended July 2, 1992, effective July 4, 1992, 22 Pa.B. 3389; reserved January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial pages (234599) to (234600).

Notes of Decisions

   On appeal from a DER order requiring a silt pond to be closed, the Department has the burden of proving the condition of the impoundment. Department of Environmental Resources v. Leon E Kocher Coal Company, 305 A.2d 784 (Pa. Cmwlth. 1973).

§ § 101.5 and 101.6. [Reserved].


Source

   The provisions of these § §  101.5 and 101.6 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; reserved January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial pages (234600) to (234601).

§ 101.7. [Reserved].


Source

   The provisions of this §  101.7 reserved February 15, 1985, effective February 16, 1985, 15 Pa. B. 544. Immediately preceding text appears at serial page (53961).

§ 101.8. [Reserved].


Source

   The provisions of this §  101.8 adopted June 3, 1977, effective June 4, 1977, 7 Pa.B. 1478; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1495; reserved January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial pages (234601) and (234602).

Cross References

   This section cited in 25 Pa. Code §  83.201 (relating to definitions); and 25 Pa. Code Chapter 105 Appendix I (relating to agricultural activities; general permit BDWM-GP-9).

§ 101.9. [Reserved].


Source

   The provisions of this §  101.9 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1275; reserved April 8, 1988, effective April 9, 1988, 18 Pa.B. 1681. Immediately preceding text appears at serial pages (105229) to (105232).



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