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Lackawanna Refuse Removal, Inc. v. Commonwealth

ELR Citation: 12 ELR 20583
Nos. No. 420 C.D. 1981, 442 A.2d 423/65 Pa. Commw. 372, (Pa. Commw. Ct., 03/18/1982)

The court affirms an order of the state Environmental Hearing Board finding petitioner in violation of state pollution control laws and its solid waste disposal permit and ordering cessation of its landfill operation. The court first rules that the record contains sufficient circumstantial evidence to support the board's finding to illegal dumping of hazardous waste. It holds that absent a request by plaintiffs for production of leachate samples tested by the state, disposal of the samples after analysis did not violate the Pennsylvania Rules of Civil Procedure. The court then rules that neither the Solid Waste Management Act nor the Clean Streams Law requires a finding of a public nuisance prior to issuance of an abatement order. Finally, the court rejects, due to lack of evidence, petitioner's claims of estoppel and laches, noting that even had the state been mistakenly lax in enforcing the law earlier, that does not now prevent if from carrying out its enforcement duty.

Counsel for Petitioner
Thomas P. Kennedy, Francis J. Wormuth
Kennedy, Hodin & Wormuth
Suite 518, Scranton Life Bldg., Scranton PA 18503
(717) 961-1850

Counsel for Respondent
Peter Shelley, Ass't Counsel
Department of Environmental Resources
9th Floor, Fulton Bldg., Harrisburg PA 17120
(717) 787-2657