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MIDWAY COAL CO. v. DER.

No. 2797 C.D. 1978.

50 Pa.Commw. 326 (1980)

Midway Coal Company, Appellant v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee.

Commonwealth Court of Pennsylvania.

April 2, 1980.

Attorney(s) appearing for the Case

David R. Cashman, of Cauley, Birsic & Conflenti, for appellant.

Thomas Y. Au, Assistant Attorney General, for appellee.

Argued December 5, 1979, before Judges WILKINSON, JR., BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, April 2, 1980:

Appellant, Midway Coal Company, operates a strip mine in Washington County near McDonald, and on October 3, 1977 the Department of Environmental Resources (DER) filed a criminal complaint charging it with violating Section 8 of the Air Pollution Control Act (Act), Act of January 8, 1960, P.L. (1959) 2119, as amended, 35 P.S. § 4008. Specifically, the DER alleged...

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