National Wood Preservers, Inc. v. Commonwealth Department of Environmental Resources

OPINION OF THE COURT

ROBERTS, Justice.

This is a case of first impression. At issue is the construction and constitutionality of Section 316 of The Clean Streams Law, Act of July 31, 1970, P.L. 653, § 12, amending 35 P.S. § 691.316. Section 316 provides in relevant part:

“Whenever the [Department of Environmental Resources] finds that pollution or a danger of pollution is *225resulting from a condition which exists on land in the Commonwealth the [Department] may order the landowner or occupier to correct the condition in a manner satisfactory to the [Department] . . . .”1

The principal questions…