Subchapter E. ENFORCEMENT AND
DECERTIFICATION


Sec.


240.401.    Inspection.
240.402.    Civil penalties.
240.403.    Decertification.

Cross References

   This subchapter cited in 25 Pa. Code §  240.1 (relating to description of regulatory structure).

§ 240.401. Inspection.

 (a)  The Department and its agents and employees will:

   (1)  At all reasonable times, have access to, and require the production of, books and papers, documents and physical evidence pertinent to a matter under investigation related to radon testing, mitigation of radon contamination or radon laboratory analysis.

   (2)  At all reasonable times, enter a building, property, premises or place of a person who conducts radon-related activities for the purpose of making an investigation or inspection necessary to ascertain the compliance or noncompliance with the act and this chapter.

 (b)  The Department, its agents and employees may conduct inspections of a building, property, premises or place of business of a person who conducts radon-related activities if a person presents information to the Department or the Department has access to information which gives it reason to believe that one of the following exists:

   (1)  A person may have violated the act or this chapter.

   (2)  A person is not in compliance with the terms or conditions of the person’s certification.

   (3)  A condition or practice exists which may pose a threat to public health, safety, welfare or the environment.

 (c)  An agent or employee of the Department may not enter a private residence for the purpose of conducting an inspection under this section without a search warrant or without the consent of the occupant.

 (d)  Inspections made under this section are subject to Chapter 220 (relating to notices, instructions and reports to workers; inspections and investigations).

Authority

   The provisions of this §  240.401 amended under sections 12 and 13 of the Radon Certification Act (63 P.S. § §  2012 and 2013); section 302 of the Radiation Protection Act (35 P.S. §  7110.302); and section 1920-A of the Administrative Code (71 P.S. §  510.20).

Source

   The provisions of this §  240.401 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (388458).

§ 240.402. Civil penalties.

 (a)  The Department may assess a civil penalty for a violation of the acts or this chapter.

 (b)  A civil penalty may be assessed or increased, based upon:

   (1)  The seriousness of the violation.

   (2)  The monetary loss of an owner or occupier, including the cost to the owner or occupier to remedy the violation.

   (3)  The risks to health and safety.

   (4)  The cost to the Commonwealth in administration, inspection and enforcement, to remedy the violation.

   (5)  The costs avoided by the violator by the violation.

   (6)  The culpability of the violator.

   (7)  The frequency of the violation.

 (c)  Each day of a continuing violation is considered a separate violation for purposes of this chapter.

§ 240.403. Decertification.

 (a)  The Department may decertify a person who has violated the acts, this chapter or a term or condition of certification.

 (b)  The Department may hold a public hearing or informal conference prior to decertifying a person.

 (c)  The Department will publish in the Pennsylvania Bulletin a notice of decertification.

Cross References

   This section cited in 25 Pa. Code §  240.201 (relating to criteria for issuance or denial of certifications or course provider applications).



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