Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 601.508 - Production of materials; witnesses; depositions; rights of entry(a) The department is authorized to make such inspections, conduct such tests or sampling or examine books, papers and records pertinent to any matter under investigation pursuant to this act as it deems necessary to determine compliance with this act and, for this purpose, the duly authorized agents and employees of the department are authorized at all reasonable times to enter and examine any property, facility, operation or activity.(b) The owner, operator or other person in charge of such property, facility, operation or activity, upon presentation of proper identification and purpose for inspection by the agents or employees of the department, shall give such agents and employees free and unrestricted entry and access and, upon refusal to grant such entry or access, the agent or employee may obtain a search warrant or other suitable order authorizing such entry and inspection. It shall be sufficient probable cause to issue a search warrant authorizing such examination and inspection if there is probable cause to believe that the object of the investigation is subject to regulation under this act and access, examination or inspection is necessary to enforce the provisions of this act.(c) The department shall have the power in any part of the Commonwealth to subpoena witnesses, to administer oaths, examine witnesses or to take such testimony or compel the production of such books, records, maps, plats, papers, documents and other writings as it may deem necessary or proper in and pertinent to any proceedings or investigation held or had by it. In case of refusal to obey any subpoena served upon any person, any court shall, on application of the department, have power to enforce such subpoenas in contempt proceedings. The fees for serving a subpoena shall be the same as those paid sheriffs for similar services.(d) The department or any party to proceedings before the department may cause the deposition of witnesses, residing within or without the Commonwealth, to be taken in the manner prescribed by law for taking depositions in civil actions.(e) Witnesses who are summoned before the department shall be paid the same fees as are paid to witnesses in the courts of record of general jurisdiction. Witnesses whose depositions are taken pursuant to the provisions of this act and the officers taking the same shall be entitled to the same fees as are paid for like services in such courts.(f) Any purchaser of oil or gas shall, upon request, provide to the department information as may be necessary for the department to determine ownership of facilities from which the oil or gas was obtained. The information shall be kept confidential for a period of five years. The department shall have the right to utilize such information in enforcement proceedings. The department may only request information under this section when a well does not meet the requirements of section 201(h).1984, Dec. 19, P.L. 1140, No. 223, § 508, effective in 120 days. Amended 1992, July 2, P.L. 365, No. 78, § 6, effective in 30 days.