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
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