Susquehanna Cty. v. Com., Dept. of Env. Res.
Susquehanna Cty. v. Com., Dept. of Env. Res.
Opinion of the Court
OPINION
Appellee, Lyncott Corporation (Lyncott), operates a sanitary landfill in New Milford Township, Susquehanna County under water quality and solid waste management permits issued by the Commonwealth of Pennsylvania, Department of Environmental Resources (DER). Acting upon complaints concerning alleged violations at the Lyncott landfill, received from both Susquehanna County (County) and a group of private citizens, DER conducted an investigation of the site. As a result of the investigation, it was found that certain violations had occurred and/or were occurring at the landfill.
During the course of the operation of the Lyncott landfill, the DER, from time to time, responded to requests made on behalf of the permittee (Appellee-Lyncott Corporation) and issued approvals for the disposal of certain specified toxic chemical wastes at the landfill site. The waste approved for disposal in each instance involved materials not authorized under the original permit. This appeal also includes eight such approvals which, in each case, were issued in the form of an authorizing letter to Lyncott. The appellant-County appealed to the EHB from each approval granted and the appeals were dismissed for lack of standing on the part of the appellant. The Commonwealth Court affirmed
The issue before this Court is whether the appellant, Susquehanna County, has standing to appeal the actions of the DER in issuing the order of April 27, 1979, and in granting the various approvals (eight) for the disposal of chemical wastes at the Lyncott landfill.
This question is controlled by our recent decision in Franklin Township v. Department of Environmental Resources, 499 Pa. 162, 452 A.2d 718 (1982) where we held that a county
Even though the appellee DER accepts the logical application of Franklin Township to that portion of this consolidated appeal involving the several permit amendment approvals, it argues that the appeal from the order of April 27, 1979 presents entirely different policy considerations and as a consequence the county should be denied standing. We disagree. The aesthetic, environmental and quality of life considerations discussed in Franklin Township are equally applicable here. It is not only the establishment of a waste disposal site, but the day to day operation of such a continuously hazardous and potentially dangerous facility which presents the environmental threat. The interest of local government — in this case a county — in promoting and protecting its environmental well-being and the well-being of its citizens is not any less substantial, immediate and direct simply because a perceived threat is posed by an operational order rather than the issuance of a permit. Once a permit is
Reversed and remanded for proceedings consistent with this opinion.
. The DER determined that: (a) Lyncott disposed of solid waste contrary to the regulations of the department; (b) Lyncott failed to
. As a basis for this assertion, the appellant-County averred, inter alia, that the landfill is operated in gross violation of the permit, applicable statutes, applicable rules and regulations, and contrary to an order of the EHB in that: (a) there is continuous discharges of leachate and industrial waste into the waters of the Commonwealth; (b) the PVC liner contains tears and punctures which were left unrepaired; (c) the ground water conditions have not been monitored; (d) monthly reports and flow measurements are not rendered; (e) impoundment required by EHB order of January 11, 1977 has never been constructed; (f) daily cover is not provided; (g) refuse is not regularly spread and compacted; (h) there is no vector control; (i) daily operational reports showing types and quantities of domestic and industrial waste deposited are not made; (j) large quantities of unpermitted industrial waste liquids are deposited at the site; (k) the permittee is in default of the required bond; (1) the amount of the bond is inadequate; (m) the permittee has never reported the almost continuous pollution of the natural resources in the area; and (n) notwithstanding the depositing of flyash at the site no completed application containing leaching analysis for same has been submitted to DER.
. Following the entry of the administrative order dated April 27, 1979 and the County’s appeal thereto, the DER and Lyncott reached an agreement which modified the requirements of the order. Upon learning of the modification agreement, the County filed a document
. Susquehanna County by the Susquehanna County Board of Commissioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, 58 Pa.Commw. 381, 427 A.2d 1266 (1981).
. Susquehanna County by the Susquehanna County Board of Commissioners v. Commonwealth of Pennsylvania, Department of Environmental Resources, 66 Pa.Commw. 66, 443 A.2d 870 (1982).
. Appellee, Lyncott Corporation concedes that this Court’s recent ruling in Franklin Township v. Department of Environmental Resources, 499 Pa. 162, 452 A.2d 718 (1982) that townships and counties have standing to challenge the issuance of a solid waste permit is controlling.
Dissenting Opinion
dissenting.
I dissent. The majority has today compounded the error made in Franklin Township v. Department of Environmental Resources, 500 Pa. 1, 452 A.2d 718 (1982) wherein it held that a county possesses standing to challenge the Department of Environmental Resources’ (DER) issuance of a permit for a solid waste disposal facility. “The legislature, in enacting the Solid Waste Management Act, sought to achieve a balance between the statewide interests of developing an environmentally sound system of hazardous waste disposal and the localized interests of communities throughout the State.” Id., 500 Pa. at 14, 452 A.2d at 725 (Nix, J. dissenting).
Although I am still of the opinion that “[t]he Act reflects the legislative policy to establish DER as the vehicle for overall supervision and ultimate control of the critical determination regarding when permits shall be granted, consistent with the public health and protection of the environment,” id., today’s extension of Franklin Township into DER’s enforcement procedures constitutes a further unwarranted and continuing infringement on that department’s regulatory power.
Enforcement of the Act’s requirements is peculiarly within DER’s expertise in the area and deference to such administrative decision-making must be afforded to the department. In order to fulfill its mandated statutory responsibilities, DER must possess a certain degree of discretion in determining when enforcement proceedings are required and what remedies should be employed to ensure compliance.
As DER correctly notes,
Acceptance ... of the county’s position would result in a broad rule of law holding that, once an administrative agency exercises its prosecutorial discretion and takes an action, not only the action itself, but also all the possible enforcement remedies and options which could have been selected by the administrative agency, may be the subject of a third-party appeal. The effect of the County’s argument, if accepted by this Court would be to create a class of private citizen Attorneys General who would, whenever an agency took action, be able to file suit challenging whether the action taken should have imposed more severe sanctions or required different actions from the violator.
(Reply Brief for Respondent at 28.) (emphasis in original).
The majority’s holding opens the door to a plethora of third-party lawsuits which can effectively frustrate and render illusory DER’s obligation to implement the provisions of the Act. The legislature has rendered its judgment that DER shall be the representative of the interests of the citizens of this Commonwealth in protecting the environment. That responsibility should not be abrogated by this Court.
Reference
- Full Case Name
- SUSQUEHANNA COUNTY, by the SUSQUEHANNA COUNTY BOARD OF COMMISSIONERS, Appellant, v. COMMONWEALTH of Pennsylvania DEPARTMENT OF ENVIRONMENTAL RESOURCES, and Lyncott Corporation, Appellees
- Cited By
- 8 cases
- Status
- Published