Stambaugh v. Department of Environmental Protection

OPINION BY

Judge LEAVITT.

George and Shirley Stambaugh petition for review of an adjudication of the Environmental Hearing Board (Board) directing them to ' pay civil penalties in the amount of $18,197 for discharging silage leachate into the ground water in violation of the Clean Streams Law 1 and, subsequently, for not responding timely to an order of the Department of Environmental Protection (DEP). The Stambaughs challenge the penalty as excessive, particularly in light of the fact that there was no evidence that their discharge was willful. We vacate and remand.

The Stambaughs own and…