LEAVITT, Judge.
Sanico, Inc. (Sanico) appeals from an order of sentence imposed by the Court of Common Pleas of Northampton County (trial court) on April 3, 2002. The trial court found Sanico guilty of causing or assisting a violation of 25 Pa.Code § 285.218(2), “Signs on vehicles,”
in viola
tion of the Solid Waste Management Act (Act).
We affirm the trial court.
HISTORY OF THE CASE
On October 16, 2001, Sanico received a non-traffic citation/summons (citation) for the illegal transportation of solid waste. Specifically, the citation charged that Sani-co “caused or assisted in a violation of 25 Pa.Code § 285.218(2) by allowing solid waste to be transported in equipment which did not bear the type of waste being hauled.” Reproduced Record 37a (R.R. —). Sanico subsequently appeared before a district magistrate and was found guilty; it filed a timely appeal to the trial court.
At the
de novo
summary trial held on April 3, 2003, Joseph L. Delgrippo, an air quality specialist with the Pennsylvania Department of Environmental Protection (DEP), testified that he conducted a “trash net” at the Grand Central Sanitary Landfill in Pen Argyl, Pennsylvania on October 16, 2001. He stopped an incoming vehicle and, upon his inspection, observed that the vehicle did not display signs indicating the type of trash it was hauling.
The driver of the vehicle, John A. Henderschott, produced documentation indicating that the vehicle was owned by Sanico. Consistent with the DEP’s policy, Mr. Delgrippo issued citations both to the driver and to Sanico for failing to display the appropriate signs on the vehicle. On cross-examination, Mr. Delgrippo conceded that it was the DEP’s policy to withdraw the citation against the driver/employee if the owner/employer enters a guilty plea, but not
vice versa.
James R. Smith, the General Manager and President of Sanico, testified that the company was engaged “in the business of collecting, recycling and garbage in the northwestern region of New Jersey” during the relevant time period. R.R. 17a. He further testified that he had “ultimate responsibility” for Sanico drivers, including Mr. Henderschott, who had been driving for Sanico since 1983. R.R. 18a. He acknowledged that he was “aware that the trucks that travel into Pennsylvania to dispose of waste are required to have signs on them.” R.R. 18a. In order to comply with this obligation, Sanico obtained detachable signs
and placed them in the cabs of its vehicles. According to Mr.
Smith, “the drivers were told that these signs had to be used when they hauled certain loads. And each driver carries a list of those lots in the truck which specifies that they have to be placarded.” R.R. 22a. This practice has been in place since 1986. The day after the citation was issued, Mr. Smith found two full sets of signs in the vehicle operated by Mr. Hen-derschott. Accordingly, he was not aware of anything else the company could have done to prevent the violation. Because the vehicles are typically empty when they are dispatched, Sanico relies on the drivers to placard the vehicles when they pick up their loads.
At the conclusion of the testimony the trial court ruled as follows:
The word cause in the statute pursuant to which the regulations have been passed does not ... include criminal intent.
Cause means causing the truck to be so employed. Concerning the placard, the owner is responsible for causing the transportation of the waste in the vehicle. There’s no requirement and dispute there was a bonafide effort of the company personnel here. And I accept that as true, that there was an attempt to ensure compliance with the statute and its regulations.
But despite that, the owner is responsible for causing that transportation, and there’s no requirement, however, that the placard be attached before acquiring the load. But it must be attached after the load is taken. And the fact that the driver has failed here does not excuse the owner, despite the owner’s bonafide efforts to comply with the regulation. And as a result, essentially the Court finds that
the health code and its regulations were pursued, and in this case do not require criminal intent to either comply or you don’tr
— you
either are in compliance or not.
And you’re responsible at all times to be in compliance with that regulation.
R.R. 34a-35a (emphasis added). Accordingly, Sanico was found guilty of a summary offense.
On June 21, 2002, the trial court issued a Pa. R.A.P.1925 Statement in which it observed that not every summary offense requires a showing of
mens
rea.
The trial court explained that “[w]e believe that the Health Code requirements require parallel proofs for violation of its summary proscription. Accordingly, we find the issue of intent to be irrelevant to the propriety of the conviction.” Pa. R.A.P.1925 Statement at 3^1. Finally, the trial court found that “although testimony was elicited concerning the practice of the Commonwealth, this practice, if indeed in place, does not preclude the Commonwealth from proceeding against both the owner and driver of the vehicle. There is not sufficient evidence that could invoke a viable defense of selective prosecution.”
Id.
at 4. This appeal followed.
On appeal, Sanico argues, first, that the trial court erred as a matter of law in concluding that Section 610(9) of the Act imposes strict liability. Because Section 610(9) requires the Commonwealth to prove that a defendant
caused or assisted
in the violation of the regulation, it does not impose strict liability. Accordingly, the trial court’s finding “that there was an attempt to ensure compliance with the statute and its regulations,” R.R. 34a,
should have resulted in an acquittal.
San-ico further argues that the trial court erred in rejecting its argument that the Commonwealth engaged in discriminatory and selective prosecution based upon Sani-go’s status as an owner/employer as opposed to a driver/employee. Sanico submitted sufficient evidence to prove a
prima facie
case of selective prosecution but the trial court summarily rejected this contention without considering the merits.
We will address these arguments
seriatim.
STRICT LIABILITY UNDER THE SOLID WASTE MANAGEMENT ACT
Sanico “acknowledges that it is the general legislative purpose of the Act to impose liability on corporations and to provide for
absolute liability
for violations.”
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LEAVITT, Judge.
Sanico, Inc. (Sanico) appeals from an order of sentence imposed by the Court of Common Pleas of Northampton County (trial court) on April 3, 2002. The trial court found Sanico guilty of causing or assisting a violation of 25 Pa.Code § 285.218(2), “Signs on vehicles,”
in viola
tion of the Solid Waste Management Act (Act).
We affirm the trial court.
HISTORY OF THE CASE
On October 16, 2001, Sanico received a non-traffic citation/summons (citation) for the illegal transportation of solid waste. Specifically, the citation charged that Sani-co “caused or assisted in a violation of 25 Pa.Code § 285.218(2) by allowing solid waste to be transported in equipment which did not bear the type of waste being hauled.” Reproduced Record 37a (R.R. —). Sanico subsequently appeared before a district magistrate and was found guilty; it filed a timely appeal to the trial court.
At the
de novo
summary trial held on April 3, 2003, Joseph L. Delgrippo, an air quality specialist with the Pennsylvania Department of Environmental Protection (DEP), testified that he conducted a “trash net” at the Grand Central Sanitary Landfill in Pen Argyl, Pennsylvania on October 16, 2001. He stopped an incoming vehicle and, upon his inspection, observed that the vehicle did not display signs indicating the type of trash it was hauling.
The driver of the vehicle, John A. Henderschott, produced documentation indicating that the vehicle was owned by Sanico. Consistent with the DEP’s policy, Mr. Delgrippo issued citations both to the driver and to Sanico for failing to display the appropriate signs on the vehicle. On cross-examination, Mr. Delgrippo conceded that it was the DEP’s policy to withdraw the citation against the driver/employee if the owner/employer enters a guilty plea, but not
vice versa.
James R. Smith, the General Manager and President of Sanico, testified that the company was engaged “in the business of collecting, recycling and garbage in the northwestern region of New Jersey” during the relevant time period. R.R. 17a. He further testified that he had “ultimate responsibility” for Sanico drivers, including Mr. Henderschott, who had been driving for Sanico since 1983. R.R. 18a. He acknowledged that he was “aware that the trucks that travel into Pennsylvania to dispose of waste are required to have signs on them.” R.R. 18a. In order to comply with this obligation, Sanico obtained detachable signs
and placed them in the cabs of its vehicles. According to Mr.
Smith, “the drivers were told that these signs had to be used when they hauled certain loads. And each driver carries a list of those lots in the truck which specifies that they have to be placarded.” R.R. 22a. This practice has been in place since 1986. The day after the citation was issued, Mr. Smith found two full sets of signs in the vehicle operated by Mr. Hen-derschott. Accordingly, he was not aware of anything else the company could have done to prevent the violation. Because the vehicles are typically empty when they are dispatched, Sanico relies on the drivers to placard the vehicles when they pick up their loads.
At the conclusion of the testimony the trial court ruled as follows:
The word cause in the statute pursuant to which the regulations have been passed does not ... include criminal intent.
Cause means causing the truck to be so employed. Concerning the placard, the owner is responsible for causing the transportation of the waste in the vehicle. There’s no requirement and dispute there was a bonafide effort of the company personnel here. And I accept that as true, that there was an attempt to ensure compliance with the statute and its regulations.
But despite that, the owner is responsible for causing that transportation, and there’s no requirement, however, that the placard be attached before acquiring the load. But it must be attached after the load is taken. And the fact that the driver has failed here does not excuse the owner, despite the owner’s bonafide efforts to comply with the regulation. And as a result, essentially the Court finds that
the health code and its regulations were pursued, and in this case do not require criminal intent to either comply or you don’tr
— you
either are in compliance or not.
And you’re responsible at all times to be in compliance with that regulation.
R.R. 34a-35a (emphasis added). Accordingly, Sanico was found guilty of a summary offense.
On June 21, 2002, the trial court issued a Pa. R.A.P.1925 Statement in which it observed that not every summary offense requires a showing of
mens
rea.
The trial court explained that “[w]e believe that the Health Code requirements require parallel proofs for violation of its summary proscription. Accordingly, we find the issue of intent to be irrelevant to the propriety of the conviction.” Pa. R.A.P.1925 Statement at 3^1. Finally, the trial court found that “although testimony was elicited concerning the practice of the Commonwealth, this practice, if indeed in place, does not preclude the Commonwealth from proceeding against both the owner and driver of the vehicle. There is not sufficient evidence that could invoke a viable defense of selective prosecution.”
Id.
at 4. This appeal followed.
On appeal, Sanico argues, first, that the trial court erred as a matter of law in concluding that Section 610(9) of the Act imposes strict liability. Because Section 610(9) requires the Commonwealth to prove that a defendant
caused or assisted
in the violation of the regulation, it does not impose strict liability. Accordingly, the trial court’s finding “that there was an attempt to ensure compliance with the statute and its regulations,” R.R. 34a,
should have resulted in an acquittal.
San-ico further argues that the trial court erred in rejecting its argument that the Commonwealth engaged in discriminatory and selective prosecution based upon Sani-go’s status as an owner/employer as opposed to a driver/employee. Sanico submitted sufficient evidence to prove a
prima facie
case of selective prosecution but the trial court summarily rejected this contention without considering the merits.
We will address these arguments
seriatim.
STRICT LIABILITY UNDER THE SOLID WASTE MANAGEMENT ACT
Sanico “acknowledges that it is the general legislative purpose of the Act to impose liability on corporations and to provide for
absolute liability
for violations.”
Sanico’s brief at 12 (emphasis added). Nevertheless, it argues that Section 610(9) of the Act establishes an exception to the general rule of strict liability because the Commonwealth must prove that a defendant
caused or assisted
in the violation of the regulation. Accordingly, the trial court’s finding “that there was an attempt [by Sanico] to ensure compliance with the statute and its regulations,” R.R. 34a, should have resulted in an acquittal. We disagree.
A criminal conviction typically requires both an act and criminal or wrongful intent.
Commonwealth v. CSX Transportation, Inc.,
658 A.2d 1327, 1331 (Pa.Cmwlth.1995) (citing
Morissette v. United States,
342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288 (1952)).
As we noted in
CSX,
however, “ ‘[pjublic welfare’ statutes ... often dispense with the intent requirement imposing, instead, absolute liability. Absolute liability is imposed in these types of statutes because the proscribed conduct is subject to stringent public regulation and may seriously threaten the community’s health or safety.”
Id.
at 1331 (footnote omitted). Our Supreme Court has explained:
In recent decades ... many states have enacted detailed regulatory provisions in
fields which are essentially noncriminal, e.g., pure food and drug acts, speeding ordinances, building regulations, and child labor, minimum wage and maximum hour legislation. Such statutes are generally enforceable by light penalties, and
although violations are labeled crimes, the considerations applicable to them are totally different from those applicable to true crimes,
which involve moral delinquency and which are punishable by imprisonment or another serious penalty.
Such so-called statutory crimes are in reality an attempt to utilize the machinery of criminal administration as an enforcing arm for social regulations of a purely civil nature,
with the punishment totally unrelated to questions of moral wrongdoing or guilt. It is here that the social interest in the general well-being and security of the populace has been held to outweigh the individual interest of the particular defendant.
The penalty is imposed despite the defendant’s lack of a criminal intent or mens rea.
Commonwealth v. Koczwara,
397 Pa. 575, 580, 155 A.2d 825, 827-828 (1959) (emphasis added). In sum, the legislature, by virtue of its police power, may define a crime in such a way that proof of criminal intent is not necessary.
Commonwealth v. Hennemuth,
294 Pa.Super. 360, 439 A.2d 1241, 1243 (1982) (citing Koczwara).
The question of whether criminal intent is required is one of statutory construction “to be determined from the language of the statute in the light of its manifest purpose and design.”
Holsten v. Haverford Township,
698 A.2d 174, 175 (Pa.Cmwlth.1997) (internal quotations omitted). The omission of words such as “knowingly,” “willfully” and “intentionally” from a statute is “highly significant” and “indicates a legislative intent to eliminate both knowledge and criminal intent as necessary ingredients of such offenses.”
Koczwara,
397 Pa. at 583, 155 A.2d at 829.
See also Commonwealth v. Scolieri,
571 Pa. 658, 667, 813 A.2d 672, 677 (2002) (quoting
Koczwara).
Bearing in mind these principles, we turn to the pertinent sections of the Act. The purpose of the Act is, among other things, to protect the public health, safety and welfare from the dangers associated with the transportation of solid waste. Section 102 of the Act, 35 P.S. § 6018.102.
To carry out this important
social purpose, the legislature designed a scheme that imposes absolute liability, even on corporations, for certain offenses, including the violation of the rules and regulations of the DEP.
With respect to the language of Section 610(9), specifically, had the legislature intended to punish only those persons who acted with criminal intent, it would have so stated. By excluding all reference to terms such as “knowingly,” “willfully” and “intentionally,” the legislature expressed the intention to prohibit absolutely the act of causing or assisting in the violation of a waste management regulation, including the regulation requiring signs on vehicles transporting solid waste. Further, the Act promulgates a regulatory scheme, or, in the language of
Koczwara,
“social regulations of a purely civil nature.” Section 610(a) of the Act was intended to be enforced without regard to criminal intent.
Finally, Sanico’s argument that the language “cause or assist” removes Section 610(9) violations from the realm of strict liability is unavailing. Causation and criminal. intent are not synonymous. To “cause” something means “[t]o be the cause or occasion of; to effect as an agent; to bring about; to bring into existence; to make to induce; to compel.” Black’s Law Dictionary 221 (6th ed.1990). “Criminal intent,” on the other hand, is:
[t]he intent to commit a crime; malice,
as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property. Includes those consequences which represent the very purpose for which an act is done, regardless of the likelihood of occurrence, or are known to be substantially certain to result, regardless of desire.
May be general or specific intent; mens rea.
Black’s Law Dictionary 373 (6th ed.1990) (emphasis added).
Here, the trial court properly concluded that Sanico, as the owner/employer, caused the transportation of solid waste in the vehicle that was stopped by DEP. Under 25 Pa.Code § 285.218(2), that vehicle was required to bear signs reflecting the type of waste it was transporting. It is undisputed that the appropriate signs were not displayed. The fact that there was a “bonafide effort of the company personnel,” R.R. 34a, to comply with the regulation is immaterial because Section 610(9) imposes absolute liability.
SELECTIVE PROSECUTION
Sanico claims that it has been the subject of selective prosecution. This claim is based upon the admitted enforcement policy of DEP to drop a summary prosecution of a driver where the owner or employer pleads guilty to the offense. Thus, Sanico claims that it was entitled to go free once its driver pleaded guilty. Sanico’s ehal-
lenge to DEP’s enforcement policy is unfounded.
To establish a selective prosecution defense in Pennsylvania, the defendant must prove that (1) others who are similarly situated are generally not prosecuted for similar conduct, and (2) the defendant was intentionally and purposefully singled out for an invidious reason.
Commonwealth v. Celano,
717 A.2d 1071, 1074 (Pa. Cmwlth.1998).
Sanico does not allege, and there is no evidence in the record to suggest, that other similarly situated
owners
were not prosecuted under similar circumstances. It may, indeed, be the Commonwealth’s practice to cite the owner/employer and the driver/employee for the same violation and then withdraw the citation against the driver/employee if the owner/employer enters a guilty plea. This practice does not preclude the Commonwealth from proceeding against the owner/employer where the driver/employee has already entered a guilty plea.
Further, there is no evidence in the record that Sanico was intentionally and purposefully singled out for an invidious reason. Accordingly, the trial court properly concluded that Sanico’s selective prosecution defense was not viable.
For these reasons, the order of the trial court is affirmed.
ORDER
AND NOW, this 18th day of August, 2008, the order of sentence of the Court of Common Pleas of Northampton County dated April 3, 2002 in the above-captioned matter is hereby affirmed.