34 Pa. Code § 13.52 - Notice of deficiency
(a) The
Department will use the following procedures to suspend an annual permit or for
alleged violations of the act or this chapter:
(1) The Department will issue a written
notice of deficiency to the owner or operator of the container or LPG facility.
The notice will contain a description of the deficiency, an order requiring
repairs and correction of the deficiency and a compliance date. The notice will
contain a certification to be completed by the owner or operator certifying
that the required repairs were completed and the deficiency was
corrected.
(2) The owner or
operator shall execute the certification and submit it to the Department
immediately after the required repairs are completed and the deficiency is
corrected.
(3) If the owner or
operator does not correct the deficiency within the period of time allowed in
the notice of deficiency or fails to return the certification, the Department
may issue an order to show cause under 1 Pa. Code §
35.14 (relating to orders to show
cause).
(i) The order to show cause will
contain a statement of the grounds for the action, the alleged violations of
the act and this chapter and notification that the container or LPG facility
may be placed out of service. The order to show cause will contain notification
that the owner or operator shall submit a written answer within 30 days. The
Department will serve the order to show cause upon the owner or
operator.
(ii) The owner or
operator may file a written answer to the order to show cause with the
Department within 30 days following service of the order to show cause under 1
Pa. Code §35.37 (relating to answers to orders to show cause). The answer
must contain specific admissions or denials of the allegations contained in the
order to show cause and set forth the specific facts, matters of law or
regulation interpretation relied upon by the owner or operator. The answer may
contain a request for a variance, an extension of time for compliance or an
appeal. The Department will forward requests for variances, extensions of time
or appeals regarding interpretations of this chapter to the Industrial
Board.
(b) The
Department will consider the request for variance, extension of time or appeal
as a stay to an enforcement action.
(c) The Department will inspect the container
or LPG facility at the expiration of an extension of time or other time period
granted for compliance under this section. If the container or LPG facility
violates the act or this chapter following inspection, the Department may seal
the container or LPG facility.
(d)
The Department will issue an order to discontinue operation to the owner or
operator for a violation that was not corrected. The Department will serve the
order upon the owner or operator by certified mail or personal service. The
order to discontinue operation will require the owner or operator to
discontinue the use of the container or LPG facility within 24 hours.
(e) After the container or LPG facility is
sealed, it may not be returned to service until the violations have been
corrected, the repairs have been made and the Department removes the
seal.
(f) A party aggrieved by a
notice of deficiency or a notice to discontinue operation may appeal the order
to the Industrial Board within 30 days of the issuance of the order. Appeals
from the Industrial Board's order may be filed with the Commonwealth Court
within 30 days of the date of the order.
(g) This section supplements 1 Pa. Code
§§
35.14 and 35.37.
Notes
The provisions of this § 13.52 amended under section 16 of the Propane and Liquefied Petroleum Gas Act (35 P. S. § 1329.16).
This section cited in 34 Pa. Code § 13.53 (relating to notice and hearing).
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