Civil remedies

Act 49 of 2004, § 8, under COMMERCIAL MANURE HAULER AND BROKER CERTIFICATION ACT - ENACTMENT.

Act 49 of 2004, § 8

Section 8. Civil remedies.

(a) Law.--The General Counsel may institute an action at law in a court of competent jurisdiction to recover damages for a violation of this act, a regulation promulgated under this act or an order issued under this act.

(b) Equity.--The General Counsel may institute an action in equity in a court of competent jurisdiction to restrain a violation of this act, a regulation promulgated under this act or an order issued under this act.

(1) The court may fix a reasonable time during which the

person responsible for the violation may make provision for

the abatement of the violation.

(2) In cases where the circumstances require it or the

public health is endangered, the court may issue a

preliminary injunction, special injunction or temporary

restraining order.

(3) In a proceeding under this subsection:

(i) The Commonwealth shall not be required to

furnish bond.

(ii) The court shall issue a preliminary injunction

if it finds that the defendant is engaging in unlawful

conduct as proscribed by this act or is engaged in

conduct which is causing immediate and irreparable harm

to the public.

(4) Equitable relief under this subsection may be in

addition to damages under subsection (a).