The Department may issue emergency permits if it finds that immediate remedial action is necessary to alleviate an imminent threat to life, property or the environment.

1. (1) The emergency permit will be provided in writing, on a form developed for this purpose.
2. (2) The emergency permit will contain conditions as the Department determines appropriate.
3. (3) The Department may institute proceedings, legal or administrative, that it deems appropriate for violations of the emergency permit or conditions of the emergency permit.
4. (4) The emergency permit will expire 60 days after the effective date of the permit unless extended in writing by the Department.
5. (5) The permittee shall notify the affected municipality of the issuance of an emergency permit as soon as possible and provide a follow-up notice in writing to the affected municipality within 48 hours from the issuance of the emergency permit.

Authority

The provisions of this § 105.64 issued under the Dam Safety and Encroachments Act (32 P.S. § § 693.1—693.27); The Clean Streams Law (35 P.S. § § 691.1—691.1001); section 7 of the act of June 14, 1923 (P.L. 704, No. 294) (32 P.S. § 597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P.S. § § 679.101—679.601).

Source

The provisions of this § 105.64 adopted October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial pages (250791) to (250792).

Cross References

This section cited in 25 Pa. Code § 78a.68a (relating to horizontal directional drilling for oil and gas pipelines); 25 Pa. Code § 105.21a (relating to public notice); and 25 Pa. Code § 105.41 (relating to notices and reports).