NATIONAL WOOD PRESERVERS v. COM., ETC.


489 Pa. 221 (1980)

414 A.2d 37

NATIONAL WOOD PRESERVERS, INC., Clifford Rogers and Virginia Rogers, Appellants, v. COMMONWEALTH of Pennsylvania DEPARTMENT OF ENVIRONMENTAL RESOURCES. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Appellant, v. SHELL OIL COMPANY, Philadelphia Chewing Gum Company.

Supreme Court of Pennsylvania.

Decided April 24, 1980.


Attorney(s) appearing for the Case

Stephen R. Bolden, Daniel B. Michie, Jr., Philadelphia, for appellant in No. 66.

J. Stoke Adams, III, Philadelphia, Kenneth A. Clouse, Media, Leonard Dubin, Philadelphia, James S. Kilpatrick, Jr., Ardmore, Dennis M. Coyne, Asst. Atty. Gen., and Alan V. Vaskas, Chester Springs, for appellees in No. 66.

James S. Kilpatrick, Jr., Ardmore, for appellant in No. 67.

J. Stoke Adams, III, Philadelphia, Kenneth A. Clouse, Media, Leonard Dubin, Stephen R. Bolden, Philadelphia, Dennis M. Coyne, Asst. Atty. Gen., and Alan V. Vaskas, Chester Springs, for appellees in No. 67.

Dennis M. Coyne, Asst. Atty. Gen., for appellant in No. 68.

J. Stoke Adams, III, Philadelphia, Kenneth A. Clouse, Media, Leonard Dubin, Stephen R. Bolden, Philadelphia, James S. Kilpatrick, Jr., Ardmore, and Alan V. Vaskas, Chester Springs, for appellees in No. 68.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, LARSEN and FLAHERTY, JJ.


OPINION OF THE COURT

ROBERTS, Justice.

This is a case of first impression. At issue is the construction and constitutionality of Section 316 of The Clean Streams Law, Act of July 31, 1970, P.L. 653, § 12, amending 35 P.S. § 691.316. Section 316 provides in relevant part:

"Whenever the [Department of Environmental Resources] finds that pollution or a danger of pollution is resulting from a condition...

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