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GEORGE F. MAYER & SONS v. COMMONWEALTH PENNSYLVANIA (03/21/75)

decided: March 21, 1975.

GEORGE F. MAYER & SONS, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, PHILADELPHIA STRIKE FORCE, APPELLEE



Appeal from the Order of the Court of Common Pleas of Delaware County in case of Commonwealth of Pennsylvania v. George F. Mayer and Donald Mayer, Individually and as Co-partners d/b/a George F. Mayer & Sons, No. 9168 of 1971.

COUNSEL

Garland D. Cherry, with him Kassab, Cherry and Archbold, for appellant.

Drew S. Dorfman, Assistant Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Mencer, Rogers and Blatt. Judge Wilkinson, Jr. did not participate. Opinion by Judge Mencer.

Author: Mencer

[ 18 Pa. Commw. Page 86]

George F. Mayer and Donald Mayer (appellants) are the operators of a sanitary landfill site in Springfield Township, Delaware County, which they conduct under the business name of George F. Mayer and Sons. On August 27, 1971, the Commonwealth of Pennsylvania (Commonwealth) filed an action in equity, seeking a preliminary injunction against appellants relative to the operation of their sanitary landfill site. The Commonwealth alleged violations by the appellants of Section 9, subsections (1), (2), and (4), of the Pennsylvania Solid Waste Management Act, Act of July 31, 1968, P.L. 788, as amended, 35 P.S. § 6009(1), (2), (4) (Supp. 1974-75), and of Sections 301 and 307 of The Clean Streams Law,

[ 18 Pa. Commw. Page 87]

Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. §§ 691.301, 691.307 (Supp. 1974-75).

After a hearing, the Court of Common Pleas of Delaware County, on September 16, 1971, entered a preliminary injunction and ordered:

"(1) The Defendants [appellants] shall not dump or allow or permit the dumping of any liquid or liquidtype waste anywhere on the premises, nor any chemical waste or chemical containers from industrial plants or facilities;

"(2) The Defendants [appellants] will not permit or allow the dumping of any garbage anywhere on the premises;

"(3) The Defendants [appellants] will immediately comply with the Rules and Regulations of the Pennsylvania Solid Waste Management Act respecting the dumping compaction, filling and layering of waste which is dumped at the site;

"(4) The Defendants [appellants] will file monthly, with the Commonwealth of Pennsylvania, a certificate of a responsible exterminator that rat and vector controls are in operation and checked weekly;

"(5) The Defendants [appellants] shall use every reasonable effort to prevent fires from developing or expanding on the premises."

Appellants took no appeal from the lower court's preliminary injunction order. On October 5, 1973, the Commonwealth filed a petition for contempt alleging that the appellants "have continued to operate the solid waste site in violation of the terms and conditions of the [September 16, 1971 preliminary injunction] ...


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