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Valley of Lakes RICO Class Action against PNCBANK, et al.
ripped edge: exhibits
Pennsylvania Department of Environmental Resources

			      January 7, 1993



CERTIFIED MAIL NO.  P 362 794 582


NOTICE OF VIOLATION

CBG LTD Developer
Valley of the Lakes
P.O. Box 2039
Hazleton, PA  18201

Attention: Mr. Frank Cedrone

				RE: Illegal Disposal of Solid Waste 
			   	    Hazle & Black Creek Townships 
				    Luzerne County
				    East Union & North Union Townships 
				    Schuylkill County

Dear Mr. Cedrone:

Recently I received a complaint concerning the illegal burning and disposal of 
solid waste on common areas located within the Valley of the Lakes development 
in Schuylkill and Luzerne Counties.  I investigated this complaint on January 4,
1993 and found illegal disposal of solid waste at the following locations:

	Area No. 1 - A large amount of used automobile and truck tires are 
	illegally disposed of in an open area located near the fairway for 
	the eiglith hole at the unfinished golf course.  Also, evidence of 
	burnt tires was noted in this area.

	Area No. 2 - A large amount of construction/demolition waste and 
	miscellaneous municipal waste illegally disposed of at a fill 
	borrow area located off Lake Valley Drive.  Evidence found at the 
	site shows that solid waste may also be illegally buried under 
	clean fill and tree stumps.





CBG LTD Developer
Valley of the Lakes
Attention: Mr. Frank Cedrone               -2-                            January 7, 1993





	Area No. 3 - Over 30 used truck and automobile tires, 
	construction/demolition waste and plastic piping illegally disposed 
	of in the E-section of the development located below the dam of 
	Lake Susquehanna.

	Area No. 4 - Large amount of used automobile and truck tires are 
	illegally disposed of in the vicinity of the proposed Lake 
	Algonquin.  Evidence is also available that shows a large amount 
	of construction/demolition and miscellaneous municipal waste has 
	been illegally disposed of by burial at this location.

Therefore, you are in violation of 25 Pa. Code 271.101(a) and Section 610(l) 
and (3) of the Pennsylvania Solid Waste Management Act, 35 P.S. 6018.610(l) and 
(3) which states: "It shall be unlawful for any person or municipality to (1) 
dump or deposit, or permit the dumping or depositing, of any solid waste onto 
the surface of the ground or underground or into the waters of the Commonwealth, 
by any means, unless a permit for the dumping of such solid waste has been 
obtained from the department; provided, the Environmental Quality Board may by 
regulation exempt certain activities associated with normal farming operations 
as defined by this act from such permit requirements and (3) burn solid waste 
without a permit from the department."

Criminal penalties for this violation as set forth are as follows: "any person, 
other than a municipal official exercising his official duties, or any 
municipality who violates any provision of this act, the rules and regulations, 
of the department, or any order of the department, or any term or condition of 
any permit upon conviction thereof in a summary proceeding, shall be sentenced 
to pay a fine of not less than $100 and not more than $1,000 and costs and in 
default of the payment of such fine and costs, to undergo imprisonment for not 
more than thirty (30) days." Further, Section 605 of the Act states in part: 
"In addition to proceeding under any other remedy available at law or in equity 
for a violation of any provision of this act, any regulation of the department 
or order of the department or any condition of any permit issued by the 
department, the department may assess a civil penalty upon a person for such 
violation." The maximum civil penalty which may be assessed pursuant to this 
section is $25,000 per offense.  Each violation for each separate day and each 
violation of any provision of this act, any rule or, regulation under this act, 
any order of the department, or any term or condition of a permit shall 
constitute a separate and distinct, offense under this section."

Therefore, all further burning and dumping of solid waste should cease
immediately.  The waste material visible on the surface of the ground specified
in the paragraphs above, should be removed by February 19, 1993 and disposal of
at a facility permitted to accept this type of solid waste.  The waste material



CBG LTD Developer
Valley of the Lakes
Attention: Mr. Frank Cedrone           -3-                        January 7, 1993





that has been illegally buried in areas No. 2 and 4 should be removed by 
March 12, 1993 and disposed of at a facility permitted to accept this type of 
solid waste.

This notice of violation does not waive, either expressly or by implication, the 
power or authority of the Commonwealth of Pennsylvania to prosecute for any and 
all violations of law arising prior to or after the issuance of this notice of 
violation or the conditions upon which the notice of violation is based.  This 
notice of violation stiall not be construed so as to waive or impair any rights 
of the Department of Environmental Resources, heretofore or hereafter existing.

This notice of violation shall also not be construed as a final action of the 
Department of Environmental Resources.

If you have any further questions on this matter, please feel free to call me.

Very truly yours,



Charles P. Rogers
Solid Waste Specialist


Valley of Lakes RICO Class Action against PNCBANK, et al.

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