ELR Citation: ELR 20874
No(s). 3642 C.D. 1984 (Pa. Commw. Ct. Jun 9, 1986)

The court rules that a notice of violation of the Pennsylvania Solid Waste Management Act issued by the Department of Environmental Resources is not an appealable final agency action or adjudication. The notice is not an appealable action since, by itself, it does not affect the recipient's rights. Even if a notice of violation inevitably leads to the denial of a permit, the recipient's rights are not affected until the permit is denied. Further, denial is not the inevitable result when a notice of violation is issued. The recipient is free to show that the violation has been corrected.

Counsel for Petitioner
Lee R. Golden, Robert P. Ging Jr.
430 Blvd. of the Allies, 3rd Fl., Pittsburgh PA 15219
(412) 471-3900

Counsel for Respondent
Dennis W. Strain, Ass't Counsel
Department of Environmental Resources
9th Fl., Fulton Bldg., Box 2063, Harrisburg PA 17120
(717) 787-4489

Before CRUMLISH, Jr., President Judge, and ROGERS, CRAIG, DOYLE, BARRY, COLINS, and PALLADINO, JJ.