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DER v. LOCUST POINT QUARRIES, INC.

No. 43 C.D. 1976.

27 Pa.Commw. 270 (1976)

Commonwealth of Pennsylvania, Department of Environmental Resources v. Locust Point Quarries, Inc. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant.

Commonwealth Court of Pennsylvania.

December 1, 1976.

Attorney(s) appearing for the Case

Eugene E. Dice, Assistant Attorney General, for appellant.

John M. Eakin, for appellee.

Argued September 13, 1976, before President Judge BOWMAN and Judges MENCER and BLATT, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE BOWMAN, December 1, 1976:

Appellee, Locust Point Quarries, Inc., operates a limestone quarrying plant in Silver Spring Township, Cumberland County. On February 4, 1975, the Department of Environmental Resources (DER) executed a criminal complaint charging appellee with four counts of violating Chapter 123, Section 123.1 of the Rules and Regulations of the DER (Regulations), 25 Pa. Code § 123.1, contrary to Section 8 of the Air Pollution...

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