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DEPT. OF ENVT'L PROTECTION v. BLUE CHIP

No. 153 C.D. 2012

61 A.3d 296 (2012)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION v. BLUE CHIP TRANSPORTATION CO., Borino Tire & Auto Center, Inc., Borino's OK Tire, Inc., Bristol Township, C & E Tires, Inc., Cee-Kay Automotive, Frey's Tire Shop, Inc., Goodyear Tire & Rubber Company, Grossman's Inc., Kelleher Tire Service, Inc., K-mart, LaBar Truck Rental, Llads Ventures, McCarthy Tire Service Centers, Moon's Tire Service, Larry Follweiler, Mustangs Stable, Roll'n Tire, Sandone Tire & Battery, Inc., Yost Tire & Auto Service and James V. Borino v. Trading Company of North America, Inc., John and Jane Does, Officers, Agents and Employees of Trading Company of North America, Inc., as yet unknown, Max Starr and Martha Starr. Appeal of Larry Follweiler.

Commonwealth Court of Pennsylvania.

Decided December 13, 2012.

Publication Ordered February 25, 2013.

Attorney(s) appearing for the Case

Anthony J. Martino , Bangor, for appellant.

Amy F. Ershler , Assistant Counsel, Williamsport, for appellee Pennsylvania Department of Environmental Protection.

BEFORE: PELLEGRINI, President Judge, and SIMPSON, Judge, and COLINS, Senior Judge.

OPINION BY Senior Judge COLINS.

This matter is an appeal from a judgment of the Court of Common Pleas of the 26th Judicial District, Columbia County Branch (trial court) in favor of plaintiff Department of Environmental Protection (DEP) and against defendant Larry Follweiler (Follweiler) for recovery of abatement costs under the Solid Waste Management Act (SWMA).1 Section 613 of the SWMA provides in relevant part that:

Any person...

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