ELR Citation: ELR 20367
No(s). s. 239, 240 C.D. 1970 (Pa. Commw. Ct. Jul 7, 1971)

Defendant land developer's preliminary objection to the lack of specificity of plaintiff's complaint is sustained, and leave is granted to the Commonwealth to amend its complaint to state the location of the land from which the soil allegedly washes into Commonwealth waters. Defendants' second demurrer, based on plaintiff's failure to state in its complaint whether the Environmental Quality Board of the Pennsylvania Department of Environmental Resources has established standards for determining whether the alleged soil discharges violated the Pennsylvania Clean Streams Act, is an evidentiary issue and not a matter of law, and the absence of the averment of these standards does not vitiate the validity of the complaint. Defendants' second demurrer is therefore denied.

Counsel for Plaintiffs:
Marvin Fein
Special Assistant Attorney General
1405 State Office Building
Pittsburgh, PA 15222
(412) 565-5363

William M. Eichbaum
Director, Environmental Pollution Strike Force
Department of Environmental Resources
P.O. Box 2351
Harrisburg, PA 17120
(717) 787-8765

Counsel for Defendants:
John D. S. Truxall
Charles W. Herald
Robert C. McCartney
Eckert, Seamans & Cherin
Porter Building
Pittsburgh, PA 15219
(412) 261-6000

Ewing C. Bashor
McCann, Garland, Ridall & Burke
308 Frick Building
Pittsburgh, PA 15219
(412) 391-3090