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COMMONWEALTH, D.E.R. v. BORO. OF GALETON

No. 269 C.D. 1973.

11 Pa.Commw. 166 (1973)

Commonwealth of Pennsylvania, Department of Environmental Resources, Petitioner, v. Borough of Galeton, Vincent Salvadge, Council Vice President; Robert T. Evans, Councilman; Duane H. Allen, Councilman; Michael A. Hoza, Councilman; Richard Thompson, Councilman; Galeton Borough Authority; Basil Harris, ex-Authority Member; Robert Greene, ex-Authority Member; Paul Tubbs, ex-Authority Member; William Cimino, ex-Authority Member, Respondents.

Commonwealth Court of Pennsylvania.

December 6, 1973.

Attorney(s) appearing for the Case

Gerald C. Grimaud, Assistant Attorney General, for petitioner.

D. Bruce Cahilly, for respondents.

Submitted on briefs to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY PRESIDENT JUDGE BOWMAN, December 6, 1973:

As are many cases that come before this Court, this case is one of first impression in Pennsylvania. On March 7, 1973, the Department of Environmental Resources (DER) filed a petition to enforce a DER order issued pursuant to Section 203 of The Clean Streams Law and to adjudge the Borough of Galeton and named public officials thereof in contempt pursuant to Section 210 of The Clean Streams Law, Act of June 22, 1937...

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