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Pennsylvania Code (Last Updated: April 5, 2016) |
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Title 25. ENVIRONMENTAL PROTECTION |
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PART I. Department of Environmental Protection |
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Subpart C. Protection of Natural Resources |
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Article II. Water Resources |
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Chapter 101. [Reserved] |
Section 101.2. [Reserved]
The provisions of this § 101.2 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended October 25, 1974, effective within 15 days following publication, 4 Pa.B. 2282; amended through July 16, 1983, effective July 17, 1983, 13 Pa.B. 2195; reserved January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial pages (237395) to (237396) and (234597) to (234598).
Notation
Immediate Action
The notification requirements do not violate an offender’s privilege against self-incrimination, since the notice admits only that an accident has occurred which may cause pollution; a telephone call by a borough police officer to a District Waterways patrolman employed by the Fish Commission is not sufficient notice to the Department of Environmental Resources. Commonwealth v. Shippensburg Borough, 2 Pa. D. & C.3d 417 (1977).
The intent of 25 Pa. Code § 101.2(a) is to alert others downstream about the possibility of pollution; the fact that the damage appeared to be done by the time it was discovered is no reason for failing to notify the Department of Environmental Resources. Commonwealth v. Shippensburg Borough, 2 Pa. D. & C.3d 417 (1977).