Section 451.5. Maintenance of junkyard or automotive dismantler and recycler screening

(a) Owner’s maintenance responsibilities. It shall be the responsibility of the junkyard or automotive dismantler and recycler to maintain the screening established by it, doing such painting and repairs as to keep any fences, walls, or other structural material in good appearance. Plant material shall be watered, pruned, cultivated and mulched, treated for insect and disease control, and given any required maintenance to keep all plants in a healthy condition. Dead plants shall be removed immediately and shall be replaced during the next spring or fall planting season. Replacement plants shall be at least as large as the initial plants and of the same species and quality, unless approval for substitution is received from the Department.

(b) Department’s maintenance responsibilities. It will be the responsibility of the Department to maintain, in a manner suitable to the Department, screening installed by the Department, unless responsibility for maintenance has been assumed or agreed to by the licensee.

(c) Effect or failure to maintain screening. Failure to maintain screening shall result in the revocation of the junkyard or automotive dismantler and recycler license. The Department is authorized to take any necessary legal action to cause the junkyard or automotive dismantler and recycler to provide such maintenance of screening as is required to accomplish the aims of the act.

(d) Failure to maintain screening. Upon failure of a licensee to maintain screening as provided in subsection (c) the Department will notify the licensee that failure to commence remedial action within 30 days will constitute cause for revocation of the license.

The provisions of this § 451.5 amended January 30, 1981, effective January 31, 1981, 11 Pa.B. 500.

Notation

Cross References

This section cited in 67 Pa. Code § 451.4 (relating to control responsibility).