COM. EX REL. ALLEG. CO. H. DEPT. v. UNIV. OF PGH.

No. 701 C.D. 1976.

37 Pa.Commw. 117 (1978)

Commonwealth of Pennsylvania ex rel. Allegheny County Health Department, Bureau of Air Pollution Control v. University of Pittsburgh. Allegheny County Health Department, Bureau of Air Pollution Control, Appellant.

Commonwealth Court of Pennsylvania.

August 2, 1978.


Attorney(s) appearing for the Case

Gene C. Bertsch, Special Assistant County Solicitor, with him Alexander J. Jaffurs, County Solicitor, and James D. Belliveau, Special Assistant County Solicitor, for appellant.

Frank J. Lucchino, with him Lucchino, Gaitens & Hough, for appellee.

Argued May 1, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and BLATT, sitting as a panel of three.


OPINION BY JUDGE CRUMLISH, JR., August 2, 1978:

The County of Allegheny (County) commenced this action by filing a summary complaint charging the University of Pittsburgh (University) with a violation of a provision of the Rules and Regulations (Regulations) of the Allegheny County Health Department, Bureau of Air Pollution Control (Department). The specific allegation charged that the University caused or allowed the emission of visible air contaminants from an incinerator...

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