25 Pa. Code § 105.62 - Correction of unsafe conditions

(a) If the Department determines that a dam, water obstruction or encroachment is unsafe or adversely affects property or the environment or has not been properly constructed, operated, monitored or maintained in compliance with legal requirements, it may require the owner of the facility to repair, alter, maintain or remove the facility or take other actions necessary to carry out the purposes of this chapter within the time prescribed by the Department.

(b) The Department or its authorized agents may enter and conduct investigations, tests and analyses and take corrective action required to carry out the purposes of this chapter if one or more of the following conditions exist:

(1) The owner cannot be ascertained or found.

(2) The owner refuses or fails to comply with an order issued by the Department under section 14 of the act (32 P. S. § 693.14) or this section.

(3) The condition of the facility is so dangerous as to require immediate remedial action.

(c) The Department may recover from the owner, in the name of the Commonwealth, the expenses incurred in taking the action described in subsection (b) in the same manner as debts are recoverable by law.

Notes

25 Pa. Code § 105.62

The provisions of this § 105.62 adopted September 10, 1971, effective 9/11/1971, 1 Pa.B. 1804; reserved August 11, 1978, effective 8/28/1978, 8 Pa.B. 2229; added September 26, 1980, effective 9/27/1980, 10 Pa.B. 3843.