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SCHUYLKILL CTY. v. E & J DISMANTLING CO.

731 A.2d 223 (1999)

COUNTY OF SCHUYLKILL, Appellant, v. E & J DISMANTLING COMPANY.

Commonwealth Court of Pennsylvania.

Decided May 21, 1999.

Attorney(s) appearing for the Case

Mary Kay Bernosky, Pottsville, for appellant.

Michael J. Fiorillo, Pottsville, for appellee.

Before McGINLEY, J., FLAHERTY, J., and JIULIANTE, Senior Judge.

McGINLEY, Judge.

County of Schuylkill (County) appeals the order of the Court of Common Pleas of Schuylkill County (common pleas court) that dismissed the County's complaint against E & J Dismantling Company (E & J) that alleged violation of County Ordinance No. 1990-3 (Ordinance).

Section 303 of the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101)1, provides in pertinent part:

(a) Primary...

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