In Fiore v. Department of Environmental Resources, 98 Pa. Commw. 35, 510 A.2d 880 (Pa. Cmwlth. 1986), after inspections of a waste disposal facility revealed continuing violations of the Pennsylvania Solid Waste Management Act, DER issued Fiore a "Notice of Violation" detailing the results of the inspection and the specific regulations being violated. The notice stated on its face that it was not to be construed as a final agency action, and no subsequent action was taken by DER in response to the violations identified in the notices. Nevertheless, Fiore argued that the notice was a final determination affecting his rights because, as a practical matter, DER uses such notices to compile a compliance history, which, in turn, is used by DER as grounds for mandatory denials of applications for licenses and permits. The Court rejected Fiore's argument for two reasons. First, the Court explained that, even if Fiore were correct that the notice of violation would inevitably lead to the denial of a permit, such denial would be the correct point at which to appeal and to demonstrate that the violations had been erroneously found. "The ultimate denial, not the notice of violation, is the 'action or adjudication' which in fact would affect Fiore's rights." Fiore, 510 A.2d at 883. The Court further noted that there was no basis to find that such a denial was inevitable; instead, it was evident to the court that Fiore had an opportunity to prove that the unlawful conduct had been corrected.