Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

12 Pa. Code § 113.10. Enforcement by the Department and appeals.

§ 113.10. Enforcement by the Department and appeals.

 (a)  When the Department finds that a municipality has failed to comply with the requirements of the act or regulations adopted by the Department pursuant thereto, the following procedures apply:

   (1)  The Department will send a written notice of violation to the municipality by registered or certified mail. The notice shall state the nature of the violation and what the municipality must do in order to correct the violation.

   (2)  Within 60 days of receipt of the notice of violation, the municipality shall report to the Department the action which the municipality is taking to comply with the requirement or regulations.

   (3)  If the municipality has failed to comply with the requirement or regulation within 180 days of the receipt of the notice of violation, the Department will notify the State Treasurer, who shall hold in escrow funds payable to the municipality from the General Fund, or other fund.

   (4)  When a municipality achieves or regains compliance, the Department will notify the State Treasurer accordingly, within 3 working days after the Department has been notified or has determined that the compliance has occurred.

 (b)  The Department may also enforce a violation of the act or this chapter by instituting a civil action to restrain, prevent or abate the violation.

 (c)  A person aggrieved by an action of the Department shall have the right to appeal the action and request a hearing in accordance with 2 Pa.C.S. § §  501—508 and 701—704 (relating to the Administrative Agency Law). The appeal and request for a hearing shall be taken within 30 days of receipt of the notice of the action taken by the Department.



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