Current through Register Vol. 54, No.43, October 26, 2024
Section 211.103 - Enforcement(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.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).