Legal Opinion

Commonwealth v. BVER Environmental, Inc.

Commonwealth Court of Pennsylvania

Decided January 3, 1990No. 298 C.D. 1989PublishedCited by 5 opinions

1Opinion of the Court

CRUMLISH, Jr., President Judge.

The Department of Environmental Resources (Department) appeals an Environmental Hearing Board order granting BVER Environmental, Inc.’s (BVER) motion for summary judgment, denying the Department’s cross-motion for partial summary judgment and upholding BVER’s appeal of civil penalties assessed for violations of the Solid Waste Management Act (Act). 1 We reverse.

On two consecutive days, BVER, a Pennsylvania-licensed transporter of hazardous waste, relocated an Ohio company’s (generator) waste to a Pennsylvania disposal facility. The Department’s regulations…

2Cases cited2 opinions

  1. Pelton v. Com., Dept. of Public WelfareSupreme Court of Pennsylvania · 1987
  2. Quaker State Oil Refining v. CommonwealthCommonwealth Court of Pennsylvania · 1987

3Cited by5 opinions

  1. Commonwealth v. PackerSupreme Court of Pennsylvania · 2002
  2. Department of Environmental Protection v. North American Refractories Co.Commonwealth Court of Pennsylvania · 2002
  3. Foundation Coal Resources Corp. v. Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2010
  4. Middle Creek Bible Conference Inc. v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1994
  5. Commonwealth v. PackerSupreme Court of Pennsylvania · 2002

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