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HARMAR COAL CO. v. SANITARY WATER BD.

Appeal, No. 24 C.D. 1970.

4 Pa.Commw. 435 (1972)

Harmar Coal Co. v. Sanitary Water Board.

Commonwealth Court of Pennsylvania.

January 18, 1972.

Attorney(s) appearing for the Case

Richard B. Springer, Assistant Attorney General, with him William M. Gross, Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellant.

Harold R. Schmidt, with him Henry McC. Ingram, Robert S. Barker, and Rose, Schmidt & Dixon, for appellee.

Argued April 14, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, MENCER and ROGERS. Judges WILKINSON, JR., and MANDERINO did not participate.

OPINION BY JUDGE CRUMLISH, JR., January 18, 1972:

On March 6, 1970, the Sanitary Water Board issued an adjudication and order denying Harmar Coal Company's application for a permit approving the discharge of untreated mine water from a mine known as the Indianola Mine. Harmar appealed to the Court of Common Pleas of Dauphin County. Section 41 of the Act of June 4, 1945, P.L. 1388, 71 P.S. § 1710.41; see Detwiler v. Sanitary Water Board, 88 D. & C....

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