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

				January 27, 1993

CERTIFIED MAIL NO.  P 362 794 725


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

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

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