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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=11046
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: January 16, 2013 10:25 AM
From: Representative Keith Gillespie
To: All House members
Subject: Due Process for Sewage Enforcement Officers (former HB632)
 
In the near future, I will be introducing a due process for Sewage Enforcement Officers (SEOs) bill that will address concerns brought to my attention that the Department of Environmental Protection (DEP) incorrectly applies the Civil Penalties section of the Pennsylvania Sewage Facilities Act (Act 537 of 1965) to coerce and penalize SEOs.

The SEO against whom a civil penalty is assessed is denied due process as we traditionally understand it. There is no neutral or adjudicating panel or person. In order for the penalty to be challenged, the penalty must first be paid.

This legislation would require in all actions brought by the Department against a SEO that the DEP proves its assertions and it pursues all such actions before the existing State Board for the Certification of Sewage Enforcement Officers.



Introduced as HB387