53 Pa. Stat. § 4000.1703

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 4000.1703 - Restraining violations
(a)Injunctions.--In addition to any other remedies provided in this act, the department may institute a suit in equity in the name of the Commonwealth where unlawful conduct or public nuisance exists for an injunction to restrain a violation of this act, the regulations promulgated pursuant thereto, any order issued pursuant thereto, or the terms or conditions of any approved municipal waste management plan, and to restrain the maintenance or threat of a public nuisance. In any such proceeding, the court shall, upon motion of the Commonwealth, issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct as defined by this act or is engaged in conduct which is causing immediate and irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with such proceedings. In addition to an injunction, the court, in such equity proceedings, may levy civil penalties as specified in section 1704.
(b)Jurisdiction.--In addition to any other remedies provided for in this act, upon relation of any district attorney of any county affected, or upon relation of the solicitor of any county or municipality affected, an action in equity may be brought in a court of competent jurisdiction for an injunction to restrain any and all violations of this act or the regulations promulgated pursuant thereto, or to restrain any public nuisance.
(c)Concurrent remedies.--The penalties and remedies prescribed by this act shall be deemed concurrent, and the existence of or exercise of any remedy shall not prevent the department from exercising any other remedy hereunder, at law or in equity.
(d)Venue.--Actions instituted under this section may be filed in the appropriate court of common pleas or in the Commonwealth Court, which courts are hereby granted jurisdiction to hear such actions.

53 P.S. § 4000.1703

1988, July 28, P.L. 556, No. 101, § 1703, effective in 60 days.