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COMMONWEALTH PENNSYLVANIA v. AL HAMILTON CONTRACTING CO. (01/12/89)

filed: January 12, 1989.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
AL HAMILTON CONTRACTING CO., APPELLANT



Appeal From Judgment of Sentence January 5, 1988 In Court of Common Pleas, Criminal Division, Centre County, at No. 1986-134

COUNSEL

Alan Kirk, Clearfield, for appellant.

Sharon Potter, Assistant District Attorney, Bellefonte, for Com., appellee.

Cavanaugh, Olszewski and Kelly, JJ.

Author: Cavanaugh

[ 383 Pa. Super. Page 431]

Al Hamilton Contracting Company, Inc. brings this appeal from judgment of sentence entered after a jury convicted the corporation of violating the provisions of 30 Pa.C.S.A. § 2504(a)(2). Appellant has enumerated fifteen issues for our consideration. A review of the record does not reveal any error by the lower court, however, and we consequently affirm the judgment of sentence entered below.

[ 383 Pa. Super. Page 432]

Appellant was prosecuted by the Commonwealth for violation of the following statute:

§ 2504. Pollution of waters

(a) General rule. -- No person, regardless of intent, shall:

(2) Allow any substance, deleterious, destructive or poisonous to fish, to be turned into or allowed to run, flow, wash or be emptied into any waters within or bordering on this Commonwealth.

Appellant, who is engaged in the business of surface mining, was convicted of allowing a substance deleterious to fish to enter an unnamed tributary of Mountain Branch in Centre County. This offense is punishable as a misdemeanor of the third degree, 30 Pa.C.S.A. § 2504(d), and appellant was ordered to pay the costs of prosecution and a $2,500.00 fine.

Appellant initially alleges that the bill of information is deficient in its use of overly broad language as to the offense charged. The lower court notes that the information used the exact language of the statute and is therefore sufficient to ...


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