(a) The Department
may issue orders necessary to implement this chapter including an order to
suspend, modify or revoke a license or permit authorized by this chapter, or to
require corrective action for a violation identified in subsection
(c).
(b) Before issuing an order
modifying peak particle velocity or airblast limits in a blasting activity
permit, the Department will first provide the permittee with an opportunity to
meet and discuss modifications.
(c)
It is a violation of this chapter to:
(1) Fail
to comply with this chapter or Chapter 77, 87 or 88 (relating to noncoal
mining; surface mining of coal; and anthracite coal), regarding storage and use
of explosives.
(2) Fail to comply
with any order or permit or license of the Department issued under this chapter
or Chapter 77, 87 or 88.
(3)
Hinder, obstruct or interfere with the Department or its personnel in the
performance of any duty hereunder.
(4) Violate
18 Pa.C.S. §
4903 or
§ 4904 (relating to false swearing; and unsworn falsification to
authorities).
(d) The
Department will not issue a permit or license to any
person who has done any of
the following:
(1) Failed or continues to
fail to comply with this chapter, a condition of a permit issued under this
chapter or an order issued to enforce the requirements of this
chapter.
(2) Demonstrated an
inability or lack of intention to comply with this chapter as indicated by a
past or continuing violation.
(3)
Not complied with the
18 U.S.C.A. Chapter 40 and 27 CFR Part
555 (relating to
commerce in
explosives) and does not have an
ATF license or permit, when
required.
Notes
The
provisions of this § 211.103 adopted July 13, 2001,
effective 7/14/2001, 31 Pa.B.
3751; amended June 22, 2018, effective 6/23/2018, 48 Pa.B.
3711.
The provisions of this § 211.103 amended under sections
1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. §§
510-17 and
510-20); section
4.2 of the Surface Mining
Conservation and Reclamation Act (52 P.S. §
1396.4b); section 11(e) of the Noncoal
Surface Mining Conservation and Reclamation Act (52 P.S. §
3311(e)); sections 7 and 11
of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. §§
157 and
161); sections 3 and 4 of the
act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. §§
166 and
167); Reorganization Plan No.
8 of 1981 (71 P.S. §
751-35);
section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. §
25-2(f)); and Reorganization
Plan No. 2 of 1975 (71 P.S. §
751-22).
