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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 1148 (February 25, 2023).

Pennsylvania Code



302.501.    General requirements.

§ 302.501. General requirements.

 (a)  The Department may file with the Board Secretary a written petition under section 4(b)(1) of the act (63 P. S. §  1004(b)(1)), by submitting a written request containing the following information:

   (1)  The factual basis of the petition including the dates, times and places of the occurrences and the names of the responsible parties with sufficient specificity that the respondent can file an answer and prepare a defense to the allegations.

   (2)  The statutes or regulations, or both, allegedly violated and underlying the petition.

   (3)  The relief requested.

   (4)  An identification of the Department attorney or contact person, including the address and telephone number, who can receive service on behalf of the Department.

 (b)  Upon receipt of a petition, the Board Secretary will:

   (1)  Provide a copy of the petition to the operators named in the petition, sent by certified mail.

   (2)  Schedule the petition for hearing before the Board or a hearing officer appointed by the Board. As necessary, the Board Secretary may schedule prehearing conferences and issue orders needed to dispose of prehearing issues.

 (c)  Requests to reschedule or cancel a hearing must be in writing and be received by the Board Secretary at least 14 days prior to the date of the hearing. Continuance of a hearing is at the discretion of the Board. The Board may continue a hearing upon its own motion.

 (d)  The hearings of the Board will be in accordance with 2 Pa.C.S. Chapter 5, Subchapter A (relating to practice and procedure of Commonwealth agencies).

 (e)  The Chairperson of the Board is authorized to sign decisions and orders on behalf of the Board.

 (f)  An order of the Board will be effective immediately unless otherwise indicated within the order.

 (g)  Final Board actions on the petition may be appealed to the Environmental Hearing Board.

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