Legal Opinion

Commonwealth, Department of Environmental Protection v. Blue Chip Transportation Co.

Commonwealth Court of Pennsylvania

Decided December 13, 2012PublishedCited by 1 opinion

1Opinion of the Court

OPINION BY

Senior Judge COLINS.

This matter is an appeal from a judgment of the Court of Common Pleas of the 26th Judicial District, Columbia County Branch (trial court) in favor of plaintiff Department of Environmental Protection (DEP) and against defendant Larry Foll-weiler (Follweiler) for recovery of abatement costs under the Solid Waste Management Act (SWMA).1 Section 613 of the SWMA provides in relevant part that:

Any person or municipality who causes a public nuisance shall be liable for the costs of abatement. The department [DEP], any Commonwealth agency, or any municipality which…

2Cases cited6 opinions

  1. Commonwealth v. PackerSupreme Court of Pennsylvania · 2002
  2. Starr v. Department of Environmental ResourcesCommonwealth Court of Pennsylvania · 1992
  3. M & D Properties, Inc. v. Borough of Port VueCommonwealth Court of Pennsylvania · 2006
  4. Commonwealth v. Sanico, Inc.Commonwealth Court of Pennsylvania · 2003
  5. Waste Conversion, Inc. v. CommonwealthCommonwealth Court of Pennsylvania · 1990

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3Cited by1 opinion

  1. PA DEP v. Green 'N Grow Composting, LLC and S.R. LehmanCommonwealth Court of Pennsylvania · 2018

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