A.
General. The Department may enter any premise, except
a building used exclusively as a private residence, for the purpose
of inspecting any source of air contaminants and associated equipment,
and all records, charts, instruments and the like associated therewith
or for the purpose of determining compliance with any provision of
this chapter. As expeditiously as is reasonable, the person responsible
for such source shall, upon request, make all records, charts, and
the like pertaining to such source available to the Department for
inspection and copying.
B.
Manner of entry. Prior to entering any premise, the
Department shall make all reasonable efforts to obtain the consent
of the owner or operator or his authorized representative, and shall
enter at such time and in such manner as is reasonable under the circumstances.
C.
Search warrant.
(1)
In accordance with § 13.1 of the Air Pollution
Control Act, whenever an agent or employee of the Department, charged
with the enforcement of the provisions of this chapter, has been refused
access to property, except a building used exclusively as a private
residence, or has been refused the right to examine any air contaminant
source or air pollution control equipment or device, or is refused
access to or examination of books, papers, and records pertinent to
any matter under investigation, or has cause to believe he will be
refused such entry or access, such agent or employee may apply for
a search warrant to any Commonwealth official authorized by the laws
of the Commonwealth to issue the same to enable him to have access,
examine, and seize such property, air contaminant source, air pollution
control equipment or device, or books, papers, and records, as the
case may be. It shall be sufficient probable cause to issue a search
warrant that the inspection is necessary to properly enforce the provisions
of this chapter.
(2)
This Subsection shall not be construed as restricting
or affecting any and all rights otherwise existing which the Department
may have to obtain search warrants upon probable cause to believe
that any source is being installed, operated, or maintained in violation
of any provision of this chapter.
D.
The owner or operator of every coke plant within Allegheny County shall reimburse the Allegheny County Health Department for the cost of performing inspections pursuant to the coke oven NESHAP requirements of 40 CFR 63, Subpart L. The amount of reimbursement shall be determined annually by the Board of Health in accordance with 40 CFR 63.309, and include an appropriate administrative fee. Payment shall be made for each calendar quarter, within 30 days of invoice. Late payment of fees is subject to the provisions of § 505-84 of this chapter.
A.
General. In addition to any remedy specifically authorized
by any other provision of this chapter or the laws of the commonwealth
or the United States, the Department may pursue any one or more of
the following remedies for the violation of any requirement of this
chapter:
(1)
The issuance of an enforcement order as authorized by §§ 505-80, 505-81 and 505-82 of this chapter, including emergency orders to restrain or enjoin immediately and effectively any person from engaging in any activity in violation of a regulation or permit that is presenting an imminent and substantial endangerment to the public health or welfare, or the environment;
(2)
The revocation of any applicable license or installation
or operating permit.
(3)
The initiation of a summary criminal proceeding before
a district justice, magistrate, or justice of the peace as authorized
by §§ 9 and 12g of the Air Pollution Control Act, 35
P.S. §§ 4009 and 4012(g).
(5)
A request, from the Department or the Board of Health, to the County Executive to initiate in a court of competent jurisdiction an action for an injunction or other equitable relief and may include a request for civil penalties in the amount set forth in § 505-83 of this chapter, including to restrain or enjoin immediately and effectively any person from engaging in any activity in violation of a permit that is presenting an imminent and substantial endangerment to the public health or welfare, or the environment;
[Amended 8-27-2013 by Ord. No. 20-13]
(6)
A petition, from the Department or the Board of Health,
to the County Executive to request the District Attorney to initiate
such other criminal action as may be appropriate, as authorized by
§§ 9 and 12g of the Air Pollution Control Act, 35 P.S.
§§ 4009 and 4012(g); and/or
[Amended 8-27-2013 by Ord. No. 20-13]
(7)
A petition, from the Department or the Board of Health,
to the County Executive to request the EPA and U.S. Department of
Justice, and/or the DEP and PA Attorney General, to initiate such
other civil and/or criminal action as may be appropriate.
[Amended 8-27-2013 by Ord. No. 20-13]
B.
Other rights and remedies preserved. Nothing in this
chapter shall be construed as impairing any right or remedy now existing
or hereafter created inequity, common law or statutory law with respect
to air pollution, nor shall any court be deprived of such jurisdiction
for the reason that such air pollution constitutes a violation of
this chapter.
C.
Remedies concurrent. It is expressly declared that
the remedies authorized by this chapter shall be concurrent and that
the existence of pendency of any remedy shall not in any manner prevent
the Department from seeking or exercising any other remedy, whether
authorized by this chapter or otherwise existing at law or in equity.
A.
General. Whenever the Department finds, on the basis
of any information available to it, that any source is being operated
in violation of any provision of this chapter, including any provision
of any permit or license issued pursuant to this chapter, it may order
the person responsible for the source to comply with this chapter
or it may order the immediate shutdown of the source or any part thereof.
The issuance of an order to address any violations, including of permit
conditions, need not be preceded by the revocation of a permit.
(1)
The Department may also issue any such other orders
as are necessary to aid in the enforcement of the provisions of this
chapter. These orders shall include, but shall not be limited to,
orders modifying, suspending, terminating or revoking any permits,
orders requiring persons to cease unlawful activities or cease operation
of a facility or air contaminant source which, in the course of its
operation, is in violation of any provision of this chapter, or any
permit, orders to take corrective action or to abate a public nuisance
or to allow access to a source by the Department or a third party
to take such action, orders requiring the testing, sampling, or monitoring
of any air contaminant source, and orders requiring production of
information. Such an order may be issued if the Department finds that
any condition existing in or on the facility or source involved is
causing, contributing to, or creating danger of air pollution, or
if it finds that the permittee or any person is in violation of any
provision of this chapter.
(2)
The Department may, in its order, require compliance
with such conditions as are necessary to prevent or abate air pollution
or effect the purposes of this chapter.
(3)
The Department shall have the authority to order any person causing a public nuisance under this chapter to abate the public nuisance. In addition, when the Department undertakes to abate a public nuisance, it may recover the expenses of abatement following the process for assessment and collection of a civil penalty contained in § 505-83 of this chapter. Whenever the nuisance is maintained or continued contrary to this chapter, or any order or permit, the nuisance may be abatable in the manner provided by this chapter. Any person who causes the public nuisance shall be liable for the cost of abatement.
B.
Form. Any enforcement order issued pursuant to this
section shall:
(1)
Be in written form and be signed by the Director, the Deputy Director
of the Bureau of Environmental Quality, or the Manager of the Air
Quality Program, or their respective designee.
[Amended 8-27-2013 by Ord. No. 20-13]
(2)
Set forth the basis for such order;
(3)
Require the performance of any acts specified by the
order as expeditiously as practicable;
(4)
Notify the person responsible that he has the right to a hearing as provided by Subsection D below;
(5)
Notify the person responsible that the order is enforceable
upon issuance and that appeal of an order shall not act as a stay
unless the Director so orders.
C.
Service. Any enforcement order issued pursuant to
this section shall be served upon the person responsible by:
(1)
Personally handing him a copy;
(2)
Serving him in the manner provided by Rule 1009(b)(2)
of the Pennsylvania Rules of Civil Procedure or such other rules as
may hereafter be established for the service of a complaint in a civil
action; or
(3)
Mailing a copy to him at his last known address by
registered or certified mail, return receipt requested.
D.
Hearings. Any person who is aggrieved by an enforcement
order issued pursuant to this section shall, upon request, be granted
a hearing in accordance with the provisions of Article XI, Rules and
Regulations of the Allegheny County Health Department, or in accordance
with such other procedures as may hereafter be established by the
Board of County Commissioners. In all cases involving the provisions
of this chapter, hearings granted pursuant to this subsection:
(1)
Shall not be held before employees of the Department
who are assigned to the Bureau of Environmental Quality Division of
Air Quality; and
(2)
Shall be held before a hearing officer who represents the public interest and does not derive any significant portion of his income from persons subject to the Clean Air Act or this chapter, as defined in § 505-13 of this chapter; except that, if a panel of three or more persons is appointed to hear the case, a majority of the panel shall represent the public interest and shall not derive any significant portion of his income from persons subject to the Clean Air Act or this chapter. Prior to being appointed to act as a hearing officer; each proposed appointee shall file with the Chief Clerk of the County of Allegheny a disclosure statement as required by Subsection F of § 505-83 of this chapter. Said disclosure statement shall be subject to the public inspection provisions of this chapter.
E.
Violations. Failure to comply with any enforcement order within the times specified therein shall be a violation of this chapter and a public nuisance giving rise to the remedies and penalties provided by §§ 505-79 and 505-83 of this chapter. In addition to such remedies and penalties, the Department may immediately revoke such order and may pursue any other remedy as if such order has never existed.
F.
Other remedies unaffected. The issuance of an enforcement order shall in no manner preclude or affect the right of the Department to pursue other remedies as are provided by § 505-79 for violations of this chapter, whether occurring before or after the effective date of the order. The issuance of an enforcement order shall not be construed as a revision to the SIP for the Commonwealth of Pennsylvania and shall in no manner preclude or affect the right of the United States, the commonwealth, or any citizen to enforce that portion of the SIP applicable to Allegheny County pursuant to the provisions of the Clean Air Act and the Air Pollution Control Act.
A.
General. Whenever the Department finds, on the basis of any information available to it, that emissions from any source are causing or significantly contributing to the exceedance of any ambient air quality standard established by § 505-8 of this chapter at any location within the Commonwealth, that such emissions violate the requirements of § 505-10 of this chapter relating to interstate pollution, or that such emissions may otherwise reasonably be anticipated to endanger the public health, safety or welfare, it may order the person responsible for such source to comply with an additional or more stringent emission limitation than established by this chapter or it may order the immediate shutdown of the source or any part thereof.
B.
Form, service and hearings. Any order issued pursuant to this section shall be in the form, and shall be served, as provided by § 505-80 of this chapter. Upon request, any person who is aggrieved by an order issued pursuant to this section shall be granted a hearing as provided by § 505-80 of this chapter.
C.
Emergency power unaffected. The issuance of an order pursuant to this section shall in no manner preclude or affect the power of the Department to issue an emergency order under § 505-82 of this chapter.
D.
Violations. Failure to comply with any order issued pursuant to this section within the time specified therein shall be a violation of this chapter giving rise to the remedies provided by § 505-79 of this chapter. In addition to such remedies, the Department may immediately revoke such order and may pursue any other remedy as if such order had never existed.
A.
General. Whenever the Department determines, on the
basis of any information available to it, that an emergency exists
that necessitates immediate action to protect the public health, safety
or welfare, it may, without prior notice, issue an emergency order
requiring whatsoever action it deems advisable to meet the emergency.
Notwithstanding any other provision of this chapter, an emergency
order shall be effective at once and shall be complied with immediately.
B.
Form and service. Insofar as possible in light of the necessity for immediate action, an emergency order shall be in the form, and shall be served, as provided by § 505-80 of this chapter.
A.
General.
(1)
In addition to proceeding under any other remedy available
at law or in equity for a violation of a provision of this chapter,
or any order or permit issued pursuant to this chapter, and in accordance
with §§ 9.1 and 12g of the Air Pollution Control Act,
the Department may assess a civil penalty for the violation. The penalty
may be assessed whether or not the violation was wilful. The civil
penalty so assessed shall not exceed $15,000 per day for each violation
which occurs on or after the effective date of this chapter but not
later than July 9, 1996, and $25,000 per day for each violation which
occurs after July 9, 1996.
(2)
In accordance with §§ 9.1 and 12g of
the Air Pollution Control Act, when the Department proposes to assess
a civil penalty, it shall inform the person of the proposed amount
of the penalty. The person charged with the penalty shall then have
30 days to pay the proposed penalty in full, or if the person wishes
to contest the amount of the penalty or the fact of the violation
to the extent not already established, the person shall forward the
proposed amount of the penalty to the Department within the thirty-day
period for placement in an escrow account with the County treasurer
or any Commonwealth bank or post an appeal bond to the Department
within 30 days in the amount of the proposed penalty, provided that
such bond is executed by a surety licensed to do business in the Commonwealth
and is satisfactory to the Department.
(3)
If, through administrative or final judicial review
of the proposed penalty, it is determined that no violation occurred
or that the amount of the penalty shall be reduced, the Department
shall, within 30 days, in accordance with §§ 9.1 and
12g of the Air Pollution Control Act, remit the appropriate amount
to the person with any interest accumulated by the escrow deposit.
Failure to forward the money or the appeal bond at the time of the
appeal shall result in a waiver of all legal rights to contest the
violation or the amount of the civil penalty unless the appellant
alleged financial inability to prepay the penalty or to post the appeal
bond. If alleged, the Department shall conduct a hearing to consider
the appellant's alleged inability to pay within 30 days of the date
of the appeal. The Department may waive the requirement to prepay
the civil penalty or to post an appeal bond if the appellant demonstrates
and the Department finds that the appellant is financially unable
to pay. The Department shall issue an order within 30 days of the
date of the hearing to consider the appellant's alleged inability
to pay.
(4)
The amount assessed after administrative hearing or
after waiver of administrative hearing shall be payable to the County
and shall be collectible in any manner provided by law for the collection
of debts, including the collection of interest on the penalty amount
computed in accordance with § 6621(a)(2) of the U.S. Internal
Revenue Code of 1986 (P.L. 99-514,26 USC § 1 et seq.), which
shall run from the date of assessment of the penalty.
(a)
If any person liable to pay any such penalty
neglects or refuses to pay the same after demand, the amount, together
with interest and any costs that may accrue, shall constitute a debt
of such person, as maybe appropriate, to the County. The debt shall
constitute a lien on all property owned by said person when a notice
of lien incorporating a description of the property of the person
subject to the action is duly filed with the Prothonotary of the Court
of Common Pleas for the county where the property is located. In accordance
with §§ 9.1 and 12g of the Air Pollution Control Act,
the prothonotary shall promptly enter upon the civil judgment or order
docket, at no cost to the Department, the name and address of the
person, as may be appropriate, and the amount of the lien as set forth
in the notice of lien.
(b)
Upon entry by the prothonotary, the lien shall
attach to the revenues and all real and personal property of the person,
whether or not the person is solvent. The notice of lien, filed pursuant
to this subsection, which affects the property of the person shall
create a lien with priority over all subsequent claims or liens which
are filed against the person, but it shall not affect any valid lien,
right, or interest in the property filed in accordance with established
procedures prior to the filing of a notice of lien under this subsection.
(5)
Hearings. Any person who is aggrieved by a civil penalty
assessed pursuant to this section shall, upon request, be granted
a hearing in accordance with the provisions of Article XI, Rules and
Regulations of the Allegheny County Health Department, or in accordance
with such other procedures as may hereafter be established by the
Board of County Commissioners.
B.
Penalty determination.
(1)
In determining the amount of the penalty, the Department
shall consider: the wilfulness of the violation; the actual and potential
harm to the public health, safety, and welfare; the damage to the
air, soil, water, and other natural resources of the County and their
uses; the economic benefit gained by such person by failing to comply
with this chapter; the deterrence of future violations; the costs
of the Department; the size of the source or facility; the compliance
history of the source; the nature, frequency, severity, and duration
of the violation; the degree of cooperation in resolving the violation;
the speed with which compliance is ultimately achieved; whether or
not the violation was voluntarily reported; other factors unique to
the owners, operators, or other responsible parties of the source
or facility; and other relevant factors.
(2)
In determining the economic benefit gained by such
person, the Department may use the formulas contained in the current
Civil Penalty Policy published by the EPA, and/or the regulations
promulgated by EPA pursuant to Section 120 of the Clean Air Act, as
appropriate.
C.
Board costs. Whenever the Department upholds, under
Article XI, a penalty assessed, or an order or permit issued, under
this chapter, the Department shall also assess the owner, operator,
and other responsible parties of the subject source the board costs
for such hearing which shall be in the amount of $50 plus the actual
costs incurred by the County for the transcribing and copying of the
record of the hearing.
A.
Fees. A source that fails to pay any fee required under this chapter when due shall pay a civil penalty of 50% of the fee amount, plus interest on the fee amount computed in accordance with § 505-83A(4) of this chapter from the date the fee was required to be paid. In addition, the source may have its permit revoked.
B.
Disposition of monies collected.
(1)
All interest received by the County under this chapter as a result of emissions fees under § 505-28B(1)(a) of this chapter shall be paid into the Allegheny County Air Quality Fund for the major operating permit program.
(2)
All interest received by the County under this chapter as a result of fees, other than the emissions fees under § 505-28B(1)(a) of this chapter, shall be paid into the Allegheny County Air Pollution Control Fund.
(3)
All penalties, fines, interest, and other funds received by the County under this chapter as a result of consent orders, noncompliance penalties, civil penalty actions, consent decrees, civil penalties, or summary proceedings, other than such funds provided for under Subsection B(1) above, shall be paid into the Allegheny County Clean Air Fund.
A.
Purpose. The purpose of the "Allegheny County Air Pollution Control Fund", a restricted fund established by the Allegheny County Board of Commissioners for the Health Department on August 27, 1992, as of the effective date of this chapter, is to receive and disburse all air pollution control fees, related interest, and all other related funds, including but not limited to related administrative charges and reimbursements for costs, in accordance with the Air Pollution Control Act Amendments of 1992, but not funds payable to the Allegheny County Air Quality Fund established under Subsection E below.
B.
Disposition of monies collected. All funds received
by the County under this chapter as a result of fees, related interest,
and all other related funds, including but not limited to related
administrative charges and reimbursements for costs, shall be paid
into the special fund known as the Allegheny County Air Pollution
Control Fund.
(1)
The funds under this section shall be administered
in accordance with the provisions of the Second Class County Code
and other applicable laws. The County Treasurer shall invest monies
deposited in the funds in such manner as not to impair the liquidity
of the funds and shall credit all interest accruing on such monies
to the respective funds.
(2)
The Department shall report on the status of the funds
to the Board of Health on an annual basis, or at such other intervals
as the Board may require.
(3)
Audits of the funds shall be performed as required
by law.
C.
Disbursements. Disbursements of monies from the Allegheny
County Air Pollution Control Fund shall be utilized solely to cover
all reasonable (direct and indirect) costs incurred by the County
and required to develop and administer the County's air pollution
control program other than those portions of the program required
by Title V of the Clean Air Act. No air pollution source, which is
subject to the provisions of this chapter shall receive monies from
the funds under this section, or services, equipment, or materials
purchased with such monies, to fulfill its obligations under this
chapter, except for Department facilities supporting the air quality
program.
[Amended 7-7-2009 by Ord. No. 30-09]
D.
At no time for any purpose shall monies be disbursed
or borrowed from the Allegheny County Air Pollution Control Fund,
or otherwise distributed or encumbered, except as specifically allowed
under this section.
E.
There is hereby established the "Allegheny County
Air Quality Fund" for the major operating permit program which is
specifically for the deposit of all emission fees, and related interest,
and only such fees and interest, required to be collected by the County
by Title V of the Clean Air Act, and the disbursement of such funds,
and only such funds, solely to cover all of the costs of the County's
air pollution control program required by Title V of the Clean Air
Act. All funds received by the County under this chapter as a result
of major source emissions fees, and related interest, and only such
funds, shall be paid into the Allegheny County Air Quality Fund for
the major operating permit program. Disbursements of monies from the
Air Quality Fund for the major operating permit program shall be utilized
solely to cover any and all reasonable (direct and indirect) costs
required to develop and administer the County's air pollution control
program required by Title V of the Clean Air Act, whether such costs
are incurred by the County or other state or local agencies that do
not issue permits directly but that support permit issuance or administration.
At no time for any purpose shall monies be disbursed or borrowed from
the Air Quality Fund for the major operating permit program, or otherwise
distributed or encumbered, except as specifically allowed under this
section.
A.
Purpose. The purpose of the "Allegheny County Clean
Air Fund" is to receive and disburse all penalties, fines, and interest
received by the County under this chapter as a result of applications,
permits, licenses, consent orders, noncompliance penalties, civil
penalty actions, consent decrees, civil penalties, or summary proceedings,
other than any fees, related interest, and other related funds. The
Clean Air Fund is specifically for the disbursement of such funds
solely to support activities related to the improvement of air quality
within Allegheny County and to support activities which will increase
or improve knowledge concerning air pollution, its causes, its effects,
and the control thereof.
B.
Disposition of monies collected. All funds, other
than fees, related interest, and other related funds received by the
County under this chapter shall be paid into the special fund known
as the Allegheny County Clean Air Fund.
(1)
This fund shall be administered in accordance with
the provisions of the Second Class County Code and other applicable
laws. The County Treasurer shall invest monies deposited in the Fund
in such manner as not to impair the liquidity of the fund and shall
credit all interest accruing on such monies to the Fund.
(2)
The Department shall report on the status of the fund
to the Board of Health on an annual basis, or at such other intervals
as the Board may require.
(3)
Audits of the fund shall be performed as required
by law.
C.
Disbursements.
[Amended 7-7-2009 by Ord. No. 30-09]
(1)
Disbursements of monies from the Allegheny County Clean Air Fund shall be utilized solely to support the purposes set forth under Subsection A above. Funds may therefore be disbursed for such purposes as, but not limited to:
(a)
The support of research and development of control
technologies;
(b)
Health effects studies and surveys concerning
air pollution;
(c)
Special purpose monitoring, as defined by the
EPA;
(d)
Public education concerning air pollution;
(e)
The acquisition of consulting or other services
from persons with special experience and/or expertise;
(f)
The purchase of equipment, materials, or services
to supplement the County's air pollution control programp; or
(g)
Any other project that is consistent with the purpose of this section
and the mission of the Board of Health.
(2)
An
amount, no greater than 5% of the balance of the Clean Air Fund on
December 31 of the previous calendar year, may be used to fund the
normal operating costs of the County's air quality program.
(3)
No
air pollution source, except for Department facilities supporting
the air quality program, which is subject to the provisions of this
article shall receive monies from this Fund, or services, equipment,
or materials purchased with such monies, to fulfill its obligations
under this chapter.
D.
Procedures for disbursement of funds. Procedures for
disbursement of monies paid into the Clean Air Fund shall be as follows:
[Amended 7-7-2009 by Ord. No. 30-09]
(1)
The
Department shall prepare requests for disbursements.
(2)
The
Department shall consult with the Air Pollution Control Advisory Committee
regarding the disbursement requests.
(3)
The
Department shall present requests for disbursements to the Board of
Health. The request shall include a summary of the consultation with
the Air Pollution Control Advisory Committee.
(4)
The
Board of Health shall approve or disapprove requests for disbursement
made by the Department. Approval of the Air Pollution Control Advisory
Committee is not required.
Appeals. In accordance with state Law and County regulations and ordinances, any person aggrieved by an order or other final action of the Department issued pursuant to this chapter or any unsuccessful petitioner to the Administrator under Article III, § 505-26, of this chapter shall have the right to appeal the action to the Director in accordance with the applicable County regulations and ordinances.
A.
Any activity or condition declared by this chapter
to be a nuisance or which is otherwise in violation of this chapter
shall be abatable in the manner provided by law or equity for the
abatement of public nuisance. In addition, and in accordance with
the Air Pollution Control Act, in order to restrain or prevent any
violation of this chapter, or any permit or orders issued by the Department,
or to restrain the maintenance and threat of public nuisance, suits
may be instituted in equity or at law in the name of the County upon
relation of the Commonwealth Attorney General, the Commonwealth General
Counsel, the County District Attorney, or the solicitor of any municipality
affected, after notice has first been served upon the County Solicitor
of the intention to so proceed. In accordance with state law, such
proceedings may be prosecuted in the Commonwealth Court or in the
County Court of Common Pleas, and, to that end, jurisdiction is conferred
in law and equity upon such courts. Except in cases of emergency where,
in the opinion of the court, the exigencies of the case require immediate
abatement of the nuisance, the court may, in its decree, fix a reasonable
time during which the person responsible for the nuisance may make
provision for the abatement of the same.
B.
In cases where the circumstances require it or the public health is endangered, a mandatory preliminary injunction, special injunction or temporary restraining order may be issued upon the terms prescribed by the court, notice of the application therefor having been given to the defendant in accordance with the rules of equity practice, and in any such case the Attorney General, the General Counsel, the District Attorney, the County Solicitor, or the solicitor of any municipality shall not be required to give bond. In any such proceeding the court shall, upon motion of the Commonwealth or the County, issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct as defined by the Air Pollution Control Act or this chapter or is engaged in conduct which is causing immediate and irreparable harm to the public. In addition to an injunction, the court in such equity proceedings may levy civil penalties in the same manner as the Department in accordance with § 505-83 of this chapter.
C.
Except as provided in Subsection D of this section, any person may commence a civil action to compel compliance with this chapter, or any order or permit issued pursuant to this chapter, by any owner, operator, or other responsible party alleged to be causing or contributing to a violation of any provision of this chapter, or any order or permit issued under this chapter. In addition to seeking to compel compliance, any person may request the court to award civil penalties. The court shall use the factors and amounts contained in § 505-83 of this chapter in awarding civil penalties under this subsection. Such penalties shall be paid into the County Clean Air Fund. Except where 42 Pa.C.S. (relating to judiciary and judicial procedure) requires otherwise, the courts of common pleas shall have jurisdiction of such actions. Such an action may not be commenced if the Department has commenced and is diligently prosecuting a civil action in a federal or state court or is in litigation involving the assessment of a civil penalty or the issuance of an order to require the alleged violator to comply with this chapter, or any order or permit issued pursuant to this chapter, but, in any such action in a federal or state court, any person having or representing an interest which is or may be adversely affected may intervene as a matter of right without posting bond.
D.
An action pursuant to Subsection C of this section may not be commenced prior to 60 days after the plaintiff has given notice, in writing, of the violation to the Department and any alleged violator.
E.
The sixty-day notice provisions of Subsection D of this section to the contrary notwithstanding, any action pursuant to Subsection C of this section may be initiated immediately upon written notification to the Department in the case where the violation or condition complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.
F.
The court, in issuing any final order in any action brought pursuant to Subsection C of this section, may award costs of litigation, including attorney and expert witness fees, to any party whenever the court determines such an award is appropriate. Except as provided in Subsection B of this section, the court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Pennsylvania Rules of Civil Procedure.
In accordance with state law, actions for civil
or criminal penalties under this chapter may be commenced at any time
within a period of seven years from the date the offense is discovered.
A.
Applicability. This article of this chapter applies
to any and all departments, agencies, or instrumentalities of the
federal government and any and all activities engaged in, supported
or financially assisted in any way, licensed, permitted, or approved
by any such department, agency, or instrumentality.
B.
Incorporation by reference. The federal regulations
for determining conformity of general federal actions to state or
federal implementation plans promulgated by the EPA at 40 CFR Part
51, Subpart W and by the Commonwealth at 25 Pa. Code §§ 127.301
through 127.303 are hereby incorporated by reference into this chapter.
Additions, revisions, or deletions to such regulations by the EPA
or the Commonwealth are incorporated into this chapter and are effective
on the date established by such federal or state regulations, unless
otherwise established by regulation under this chapter.
