January 27, 1993 CERTIFIED MAIL NO. P 362 794 725 NOTICE OF VIOLATION CBG Limited Developer Valley of Lakes P.O. Box 2039 Hazleton, PA 18201 Attn: Mr. Frank Cedrone RE: Illegal Disposal and Storage of Solid Waste Hazle/Black Creek Townships Luzerne County East Union/North Union Townships Schylkill County Dear Mr. Cedrone: Recently I received a complaint concerning the illegal disposal and storage of solid waste on a common area within the Valley of Lakes development located in Schuylkill and Luzerne Counties. I investigated this complaint on January 20, 1993, and found open bags of rock salt, electrical transformers, construction/demolition wasteland miscellaneous household waste illegally disposed of in an area located behind the main ski lodge. Also found during the investigation were fourteen (14) containers of oil and/or waste oil illegally stored at this same location. Therefore, you are in violation of 25 Pa. Code §271.101(a) and Section 610(l) of the Pennsylvania Solid Waste Management Act, 35 P.S. §6018.610(l) @qllich states: "It s@iall be unlawful for any person or municipality to 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." CBG Limited Developer -2- January 27, 1993 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, orr any term or condition of a permit shall constitute a separate and distinct offense under this section." Therefore, all further dumping should cease immediately. The waste material which has already been deposited should be cleaned up by February 27, 1993, and disposed of at a facility permitted to accept this type of solid waste. The containers of oil should be placed on an impervious material and protected from the elements by February 19, 1993. 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 shall.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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