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COMMONWEALTH PENNSYLVANIA v. FLEETWOOD BOROUGH AUTHORITY (10/15/75)

decided: October 15, 1975.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES
v.
FLEETWOOD BOROUGH AUTHORITY, APPELLANT



Appeal from the Order of the Court of Common Pleas of Berks County in case of Commonwealth of Pennsylvania, Department of Environmental Resources v. Fleetwood Borough Authority, No. 67 August Term, 1974.

COUNSEL

Charles F. Fitzpatrick, with him Miller & Murray, for appellant.

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

Judges Crumlish, Jr., Kramer and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 21 Pa. Commw. Page 350]

The Fleetwood Borough Authority (Authority) appeals from a conviction and fine of $300 imposed by the Court of Common Pleas of Berks County as a result of an alleged violation of Section 202 of The Clean Streams Law.*fn1 We must affirm.

The Authority acknowledges in its "Statement of the Case," submitted in lieu of the entire printed record, that it violated the terms and conditions of a sewer permit issued to it in 1963 by the Sanitary Water Board and that the Department of Environmental Resources presented uncontradicted evidence before the lower court to establish that:

"(1) Eighty-five percent of the organic pollution load as measured by the biochemical oxygen demand test was not removed by the Appellant although required by the terms and conditions of Appellant's sewerage permit;

"(2) Other substances inimical to the public interest in the receiving stream were not removed by Appellant although required by the terms and conditions of Appellant's sewerage permit;

"(3) The final effluent discharged into Willow Creek was not suitable although required to be suitable

[ 21 Pa. Commw. Page 351]

    under the terms and conditions of the Appellant's sewerage permit."

Furthermore, the Authority has agreed that its discharge of improperly treated sewage caused a fish kill in Willow Creek on October 17 and November 7, 1973. Despite these concessions, however, the Authority argues that its actions do not constitute a violation of Section 202 of The Clean Streams Law such that the ...


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