Booher v. Department of Environmental Resources

McGINLEY, Judge.

Gerald E. Booher (Booher) petitions for review of an order of the Environmental Hearing Board (EHB) imposing a modified civil penalty of $14,000 thereby reducing a $20,000 civil penalty assessment imposed upon Booher by the Department of Environmental Resources. We affirm.

Booher owns a 130-acre farm in Cromwell Township, Huntington County. In October of 1987, Booher was approached by Roger Pesco (Pesco) concerning the possible placement of used tires on his property. Although Booher first declined, he later agreed after reviewing materials showing tires being used as a…