`rocket' Zooms Into Panther Territory

3 Suspicious Death Cases Keeping Authorities Busy 
Da Says He `can't Remember 
A Time When We've Had Three At 
One Time Like This.'

By P. DOUGLAS FILAROSKI; Times Leader Staff Writer
 Wednesday, August 28, 1996 &nbsp;&nbsp;&nbsp;&nbsp;Page: 2A 





WILKES-BARRE -- The city's former garbage transfer station could be forced
to file for bankruptcy unless it is granted an injunction while appealing a
state-ordered shutdown, the company's accountant testified Tuesday. &nbsp;&nbsp;&nbsp; 
 Solomon Industries of Wilkes-Barre has "suffered greatly" since it was
effectively closed by the Department of Environmental Protection in June,
Kevin Foley said in Commonwealth Court in Harrisburg. &nbsp;&nbsp;&nbsp; Solomon attorney Luther Weaver said Foley testified as the company
attempted to gain a preliminary injunction. The company is appealing DEP's
decision to deny it a permit to operate its transfer station. &nbsp;&nbsp;&nbsp; 
 Solomon was under contract with the city since 1980 to accept trash and
take it to a landfill. Since 1987, it operated under a consent agreement while
DEP considered the company's permit application. &nbsp;&nbsp;&nbsp; 
 But in June, DEP officials, citing ongoing violations, denied the permit,
effectively shutting the company down. &nbsp;&nbsp;&nbsp; 
 That prompted Solomon to file suit in Commonwealth Court, seeking relief
for what Weaver called DEP officials' attempts to "extort" $50,000 from the
company. &nbsp;&nbsp;&nbsp; 
 "It wasn't for their own pockets," Weaver said. "But they tried to line the
agency's pockets." &nbsp;&nbsp;&nbsp; 
 DEP spokesman Mark Carmon said the company is mischaracterizing what the
agency was attempting to do. &nbsp;&nbsp;&nbsp; 
 "Yeah, that was a civil penalty to settle their claim," Carmon said. "It's
a far cry from extortion." &nbsp;&nbsp;&nbsp; 
 On Tuesday, Judge Bernard McGinley heard testimony from Foley and from a
DEP accountant, who downplayed the company's financial condition after
reviewing a report from Foley. &nbsp;&nbsp;&nbsp; 
 The judge expressed concern about whether his court had jurisdiction to
issue an injunction or hear the lawsuit. He gave both lawyers six days to file
briefs on the jurisdictional issue. &nbsp;&nbsp;&nbsp; 
 Weaver said the court should hear the case because the company is claiming
the agency violated the company's constitutional rights and because the suit
involves contract matters. &nbsp;&nbsp;&nbsp; 
 Although Solomon's business also involves processing recyclables, Weaver
said Foley testified that an "overwhelming majority" of its business is
devoted to its transfer station. &nbsp;&nbsp;&nbsp;

Accountant Testifies For Solomon 
Owner Of Former City Garbage Station 
Seeks Injunction While Appealing Dep 
Decision To Deny It A Permit To Operate 
Its Transfer Station

Accountant Testifies For Solomon Owner Of Former City Garbage Station Seeks Injunction While Appealing Dep Decision To Deny It A Permit To Operate Its Transfer Station