17512 Columbia

PUBLIC NOTICE Pursuant to the Land Recycling and Environmental Remediation

In Uncategorized on April 4, 2016 at 5:04 am

This notice is posted among the tiny ads in the classified section of today’s LNP -Always Lancaster and its online counterpart: Lancaster Online.

LNP – Always Lancaster is the “Newspaper of general circulation.” A newspaper issued daily, or not less than once a week, intended for general distribution and circulation, and sold at fixed prices per copy per week, per month, or per annum, to subscribers and readers without regard to business, trade, profession or class. – SOURCE: 45 Pa.C.S. § 101

Legal notices as this one are mandated under state law to help insure transparency.

“Legal advertisement.” A notice, advertisement, publication, statement, or abstract of a notice, advertisement, publication, or statement, required by resolution of a corporation, unincorporated association, or government unit, or ordinance of a political subdivision, or by law, or by rule, order, or decree of court, to be published, for a valuable consideration, in either a newspaper of general circulation, a legal newspaper or an official newspaper. – SOURCE: ibid

So why are free distribution publications mailed or available for pick-up not defined as newspapers?

“Newspaper.”

(1)  A printed paper or publication, bearing a title or name, and conveying reading or pictorial intelligence of passing events, local or general happenings, printing regularly or irregularly editorial comment, announcements, miscellaneous reading matter, commercial advertising, classified advertising, legal advertising, and other notices, and which has been issued in numbers of four or more pages at short intervals, either daily, twice or oftener each week, or weekly, continuously during a period of at least six months, or as the successor of such a printed paper or publication issued during an immediate prior period of at least six months, and which has been circulated and distributed from an established place of business to subscribers or readers without regard to number, for a definite price or consideration, either entered or entitled to be entered under the Postal Rules and Regulations as second class matter in the United States mails, and subscribed for by readers at a fixed price for each copy, or at a price fixed per annum.

A newspaper may be either a daily newspaper, weekly newspaper, newspaper of general circulation, official newspaper, or a legal newspaper, as defined in this section. Continuous publication within the meaning of this section shall not be deemed interrupted by any involuntary suspension of publication resulting from loss, destruction, failure or unavailability of operating facilities, equipment or personnel from whatever cause, and any newspaper so affected shall not be disqualified to publish official and legal advertising in the event that publication is resumed within one week after it again becomes possible.

(2)  A printed paper or publication, regardless of size, contents, or time of issue, or number of copies issued, distributed and circulated gratuitously, is not a newspaper.

(3)  A printed paper or publication, not entitled to be entered, or which has been denied entry, as second class matter in the United States mails under the Postal Rules and Regulations of the United States is not a newspaper.

 

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