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DER v. QUAKER STATE OIL REFINING CO.

Nos. 2478 C.D. 1980 and 2882 C.D. 1980.

70 Pa.Commw. 107 (1982)

Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant v. Quaker State Oil Refining Company, Appellee. Quaker State Oil Refining Company, Appellant v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee.

Commonwealth Court of Pennsylvania.

November 19, 1982.

Attorney(s) appearing for the Case

Zelda Curtis, for Commonwealth of Pennsylvania, Department of Environmental Resources.

William A. Bevevino, for Quaker State Oil Refining Company.

Argued May 3, 1982, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE DOYLE, November 19, 1982:

This is an appeal by the Department of Environmental Resources (Department) from an order of the Court of Common Pleas of Warren County, granting a motion to quash a criminal citation and dismiss prosecution against Quaker State Oil Refining Company (Quaker State) for violation of erosion and sedimentation control regulations promulgated pursuant to The Clean Streams Law, Act of June 22, 1937, P.L. 1987, as amended,

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