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LACKAWANNA REFUSE REMOVAL v. COMMONWEALTH PENNSYLVANIA (03/18/82)

decided: March 18, 1982.

LACKAWANNA REFUSE REMOVAL, INC. AND NORTHEASTERN LAND DEVELOPMENT COMPANY, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, RESPONDENT



Appeal from the Order of the Environmental Hearing Board in the case of Lackawanna Refuse Removal, Inc. et al. v. Commonwealth of Pennsylvania, Department of Environmental Resources, Docket No. 79-024-B, Solid Waste.

COUNSEL

Thomas P. Kennedy, with him Francis J. Wormuth, Kennedy, Hodin & Wormuth, for petitioners.

Peter Shelley, Assistant Counsel, for respondent.

Judges Rogers, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 65 Pa. Commw. Page 373]

Lackawanna Refuse Removal, Inc. held a solid waste management permit issued by the Pennsylvania Department of Environmental Resources (DER) for a sanitary landfill in Lackawanna County. Northeastern Land Development Company owns the land on which the landfill operation was located and operated the landfill for Lackawanna Refuse. Peter Iacavazzi, Sr. is the president, chief executive officer and majority shareholder of both Lackawanna Refuse and Northeastern Land.

On March 2, 1979, DER suspended Lackawanna Refuse's permit and ordered Lackawanna to cease operation of the landfill. The action was the result of an investigation conducted by DER which indicated that the operator had accepted for disposal in the landfill hazardous and toxic wastes in violation of the permit. DER followed this action by order made August

[ 65 Pa. Commw. Page 37413]

, 1979 which required both Lackawanna Refuse and Northeastern Land to construct and operate a leachate collection and treatment facility at the landfill.

Lackawanna Refuse and Northeastern Land appealed both orders to the Environmental Hearing Board (EHB) which affirmed them. This appeal followed and we affirm.

The record of hearing conducted by EHB contains the following evidence: Lackawanna Refuse's solid waste permit provided, inter alia, (1) that only residential and commercial garbage and refuse might be disposed of at the landfill, (2) that the hazardous wastes might not be disposed of at the landfill and (3) that the permittee would implement a leachate collection system proposed in its application within 60 days of DER notification.

DER analyzed the leachate outflow from Lackawanna's sanitary landfill and found that it contained many chemical substances including known and suspected carcinogens. Dr. Samuel L. Rotenberg, an environmental physiologist and environmental toxicologist adduced his expert opinion that based on the analysis of the leachate it contained material hazardous to the public health and the environment. Hydrological testing showed that the leachate from the landfill flowed directly into the St. John's Creek, a tributary of the Lackawanna River.

Several truck drivers, testified that with Iacavazzi's approval they dumped numerous 55-gallon drums, barrels and the contents of tank trucks into the landfill. The drums so disposed of were marked "hazardous," "poison," "flammable," or with a death's head. Deliveries were made at night. The drivers were required to call Iacavazzi just before entering the landfill for approval to proceed and were instructed to turn ...


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