Clean Streams Act • Section 301 • Penalties • Continuing Violation
EQT Prod. Co. v. Dep’t of Envtl. Prot., PICS Case No. 17-0066 (Pa. Commw. Jan. 11, 2017) Brobson, J. (25 pages).
The court granted declaratory relief with respect to the proper interpretation of §301 of the clean streams law in petitioner’s application for summary relief challenging the department of environmental protection’s assessment of civil penalties for continuing and ongoing impacts after the initial discharge of industrial waste from petitioner’s impoundment system because a violation of §301 occurred when a person allowed industrial waste to enter into the waters of the commonwealth and once it ceased that conduct, violations ceased. Petition granted in part.
