Pennsylvania § 3253 - Enforcement orders.

§ 3253. Enforcement orders.

(a) General rule.--Except as modified by subsections (b), (c) and (d), the department may issue orders necessary to aid in enforcement of this chapter. An order issued under this chapter shall take effect upon notice, unless the order specifies otherwise. The power of the department to issue an order under this chapter is in addition to any other remedy available to the department under this chapter or under any other law.

(b) Suspension and revocation.--

(1) The department may suspend or revoke a well permit or well registration for any well:

(i) in continuing violation of any of the following:

(A) This chapter.

(B) The act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.

(C) The act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.

(D) Any other statute administered by the department;

and

(ii) the likely result of a violation is an unsafe operation or environmental damage.

(2) A suspension order of the department shall automatically terminate if the violation upon which it is based is corrected by the operator to the satisfaction of the department in order to bring the well into compliance with this chapter.

(c) Written notice.--Prior to suspension or revocation of a well permit or registration, the department shall serve written notice on the well operator or its agent, stating specifically the statutory provision, regulation or other reason relied upon, along with factual circumstances surrounding the alleged violation. If the department suspends or revokes the permit or registration, the department may order the operator to cap the well if the likely result of the violation is an unsafe operation or environmental damage.

(d) Immediate orders.--An order of the department requiring immediate cessation of drilling operations shall be effective only if authorized by the secretary or a designee.

(e) Grievances.--A person aggrieved by a department order issued under this section shall have the right, within 30 days of receipt of the notice, to appeal to the Environmental Hearing Board.

Special Provisions in Appendix. See section 4(3)(xviii) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.