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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

25 Pa. Code § 271.431. Forfeiture and seizure of property.


§ 271.431. Forfeiture and seizure of property.

 (a)  Sections 271.432—271.434 and this section apply to actions of the Department under section 1715 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §  4000.1715) regarding forfeiture of vehicles used for unlawful transportation or disposal of solid waste. These provisions may be used by other law enforcement officials at their election.

 (b)  A vehicle or conveyance used for the transportation or disposal of solid waste in the commission of an offense under section 610(1) of the act (35 P. S. §  6018.610(1)) shall be deemed contraband.

 (c)  Property subject to forfeiture may be seized by an agent or employe of the Department, upon issuance of process by a court of common pleas with jurisdiction over the property, or under a search warrant.

 (d)  Seized property shall be placed under seal and removed to an appropriate location pending adjudication of the forfeiture action by the court of common pleas in the judicial district where the property is located. The property seized will be deemed to be in the custody of the seizing official, is subject only to orders of the court of common pleas having jurisdiction over the property and is subject to replevin.


   The provisions of this §  271.431 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  271.434 (relating to responsibility for costs).

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