43 Pa. Stat. § 1301.303

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 1301.303 - Permit to operate a seasonal farm labor camp
(a) It shall be unlawful for any person who owns lands, buildings or facilities to allow the occupancy, operation or use thereof as a seasonal farm labor camp without first obtaining a permit authorizing the operation and occupancy of said seasonal farm labor camp from the department.

Application for a permit to operate and occupy a seasonal farm labor camp shall be made at least 60 days prior to the first date of occupancy, or within 60 days of the effective date of this act for any seasonal farm labor camp which is occupied on the effective date of this act. The application shall specify the period for which permission to occupy the seasonal farm labor camp is requested, the date when the camp will be ready for inspection which date shall be at least 45 days prior to the first date for which permission to occupy is requested, the maximum number of occupants for which facilities will be provided and such other information as may be required by the department to properly evaluate the application.

The department shall not issue or renew a permit authorizing the occupancy of a seasonal farm labor camp until an inspection is completed and the department finds that the camp facilities comply with the regulations applicable to seasonal farm labor camps adopted under this act and will not result in the exposure of seasonal farm workers or their families to unhealthy, unsanitary or unsafe conditions; provided, however, in the event the department fails to conduct an inspection within 60 days following receipt of a complete application for a permit to occupy said camp, a permit to occupy shall be deemed to have been issued under this act effective until such an inspection is conducted and the department acts upon the permit application.

Permits issued under this section shall be limited to the term of occupancy requested, but not to exceed one year, and shall specify the maximum number of occupants who may occupy the approved camp facilities.

(b) The department may revoke a permit issued pursuant to subsection (a) prior to the expiration of said permit if, after inspection, the department finds a violation of the permit, the act or any applicable standard or any condition at the seasonal farm labor camp which would provide sufficient reason for refusing to issue or renew such permit. Revocation shall be written notice to the permittee, which shall be served either personally or by certified mail. The notice shall specify the reasons for revocation and shall set a date by which the violation or unhealthful, unsanitary or unsafe condition shall be corrected or the seasonal farm labor camp vacated. The date for vacating a seasonal farm labor camp shall be at least ten days after the issuance of the notice, unless the department finds that a condition exists which presents a substantial risk to life, health or safety. Revocation shall be effective on the date set in the notice for vacating the camp unless, prior to the effective date, any affected person shall have obtained a supersedeas in accordance with the rules of practice of the Environmental Hearing Board. When a petition is filed for a supersedeas from a notice of revocation, the board shall act upon such petition prior to the effective date of revocation, or as expeditiously thereafter as possible in the case of a revocation which is effective in less than ten days after notice. Failure to the permittee to close a seasonal farm labor camp after a revocation becomes effective shall constitute a violation of this section.

43 P.S. § 1301.303

1978, June 23, P.L. 537, No. 93, § 303, effective in 90 days.