[Download] "Gary Centolanza v. Lehigh Valley Dairies" by at Knoxville Court of Criminal Appeals of Tennessee # eBook PDF Kindle ePub Free

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eBook details

• Title: Gary Centolanza v. Lehigh Valley Dairies
• Author : at Knoxville Court of Criminal Appeals of Tennessee
• Release Date : January 16, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

This case concerns whether private citizens may obtain an order under the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) directing storage tank owners to make payments to them for anticipated oil contamination cleanup costs and diminution in the value of property, and whether private citizens are entitled to use the statutory presumptions provided in the STSPA. Because we find that a private citizen may avail himself of the remedies conferred on the Department of Environmental Resources, payments for anticipated costs and property value diminution are available. Additionally, private citizens may take advantage of the statutory presumptions set out in the STSPA. Accordingly, we affirm the holding of the Superior Court. The facts of this appeal are uncomplicated. Appellees, the Centolanzas, own an automotive repair center located on one and one-half acres in Whitehall Township, Lehigh County. Appellant, Lehigh Valley Dairies, Inc. (LVD), owns and operates a dairy processing plant directly upgradient from the Centolanzas property. Appellant, Atlantic Processing, Inc. (API), was the former owner of this plant. In April, 1984, API sold a portion of its facility to Beatrice Cheese, Inc. (BCI). Later, API sold the remainder to LVD. An 8,000 gallon underground storage tank containing No. 6 fuel oil is located on the BCI property and four 10,000 gallon underground storage tanks containing No. 6 fuel oil are located on the LVD property.

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