Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 32 - Development
Section 3254 - Restraining violations


(a) General rule.--In addition to any other remedy provided in this chapter, the department may institute a suit in equity in the name of the Commonwealth for an injunction to restrain a violation of this chapter or rules, regulations, standards or orders adopted or issued under this chapter and to restrain the maintenance or threat of a public nuisance. Upon motion of the Commonwealth, the court shall issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct, as defined by this chapter, or conduct causing immediate and irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with the proceeding. In addition to an injunction, the court in equity may level civil penalties as specified in section 3256 (relating to civil penalties).
(b) District attorney.--In addition to other remedies in this chapter, upon relation of the district attorney of a county affected or upon relation of the solicitor of a municipality affected, an action in equity may be brought in a court of competent jurisdiction for an injunction to restrain a violation of this chapter or rules and regulations promulgated under this chapter or to restrain a public nuisance or detriment to health.
(c) Concurrent penalties.--Penalties and remedies under this chapter shall be deemed concurrent. Existence or exercise of one remedy shall not prevent the department from exercising another remedy at law or in equity.
(d) Jurisdiction.--Actions under this section may be filed in the appropriate court of common pleas or in Commonwealth Court, and those courts are hereby granted jurisdiction to hear actions under this section.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 58 - OIL AND GAS

Chapter 32 - Development

Extra - Chapter Notes

Section 3201 - Scope of chapter

Section 3202 - Declaration of purpose of chapter

Section 3203 - Definitions

Section 3211 - Well permits

Section 3212 - Permit objections

Section 3212.1 - Comments by municipalities and storage operators

Section 3213 - Well registration and identification

Section 3214 - Inactive status

Section 3215 - Well location restrictions

Section 3216 - Well site restoration

Section 3217 - Protection of fresh groundwater and casing requirements

Section 3218 - Protection of water supplies

Section 3218.1 - Notification to public drinking water systems

Section 3218.2 - Containment for unconventional wells

Section 3218.3 - Transportation records regarding wastewater fluids

Section 3218.4 - Corrosion control requirements

Section 3218.5 - Gathering lines

Section 3219 - Use of safety devices

Section 3219.1 - Well control emergency response

Section 3220 - Plugging requirements

Section 3221 - Alternative methods

Section 3222 - Well reporting requirements

Section 3222.1 - Hydraulic fracturing chemical disclosure requirements

Section 3223 - Notification and effect of well transfer

Section 3224 - Coal operator responsibilities

Section 3225 - Bonding

Section 3226 - Oil and Gas Technical Advisory Board

Section 3227 - Air contaminant emissions

Section 3231 - Reporting requirements for gas storage operations

Section 3232 - Reporting requirements for coal mining operations

Section 3233 - General gas storage reservoir operations

Section 3234 - Gas storage reservoir operations in coal areas

Section 3235 - Inspection of facilities and records

Section 3236 - Reliance on maps and burden of proof

Section 3237 - Exemptions and prohibitions

Section 3241 - Appropriation of interest in real property

Section 3251 - Conferences

Section 3252 - Public nuisances

Section 3253 - Enforcement orders

Section 3254 - Restraining violations

Section 3254.1 - Well control emergency response cost recovery

Section 3255 - Penalties

Section 3256 - Civil penalties

Section 3257 - Existing rights and remedies preserved and cumulative remedies authorized

Section 3258 - Inspection and production of materials, witnesses, depositions and rights of entry

Section 3259 - Unlawful conduct

Section 3260 - Collection of fines and penalties

Section 3261 - Third party liability

Section 3262 - Inspection reports

Section 3271 - Well plugging funds

Section 3271.1 - Well plugging contracts

Section 3273 - Effect on department authority

Section 3273.1 - Relationship to solid waste and surface mining

Section 3274 - Regulations