County of Berks v. Allied Waste Industries Inc.

LASH, J.,

— This matter comes to the court on defendants’ preliminary objections to plaintiff’s complaint. For reasons set forth herein, we sustain the preliminary objections, dismissing Counts I, II and IV of plaintiff’s complaint and requiring plaintiff to amend Count III of the complaint to conform to the Pennsylvania Rules of Civil Procedure.

Plaintiff, County of Berks, filed its complaint on December 9, 2003, alleging that defendants, Allied Waste Industries Inc., Browning-Ferris Inc., and New Morgan Landfill Company Inc., are in violation of the Solid Waste Management Act of 1980 (SWMA)1…