Franklin Township v. Goetz

SPICER, P. ].,

Plaintiff, a second class township in Adams County, Pennsylvania, seeks to enjoin defendants from'dumping sol*156id waste without a permit. It has been stipulated that this Court has jurisdiction to grant the relief requested under provisions of The Solid Waste Management Act (1980). 35 P.S. §6018.101 et seq. (hereinafter called The Act). Plaintiff moves for summary judgment on stipulated facts.

Defendants concede they have been dumping material defined as solid waste in regulations promulgated under authority of The Act which appear at 26 Pa. Code §75.1 et seq. They also concede…