58 Pa. Code § 51.104 - Order to show cause for forfeiture of civil penalty
(a) If the owner or permittee fails to
demonstrate compliance after the notification described in §
51.103 (relating to compliance
notification), the Executive Director or a designee will serve on the owner or
permittee of the dam an order to show cause for forfeiture of civil penalty in
a form approved by the Executive Director or designee. Service will be by
registered or certified mail, or by personal service. If the mail is tendered
at the address in the permit, or at an address where the owner or permittee is
located, and delivery is refused, or mail is not collected, the requirements of
this section shall be deemed to have been complied with upon tender.
(b) The owner or permittee who has been
served with an order to show cause in accordance with subsection (a) has 30
days to file an answer to the order to show cause. If no answer is submitted,
the failure to submit a timely answer will operate as a waiver and the proposed
forfeiture of civil penalty will become a final forfeiture upon the expiration
of the 30-day period unless the Executive Director or a designee determines to
hold a hearing on the proposed forfeiture under the procedures in §
51.107 (relating to
hearings).
Notes
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