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D. E. R. v. BORO. OF CARLISLE ET AL.

Nos. 1748 and 1774 C.D. 1973.

16 Pa.Commw. 341 (1974)

Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant, v. Borough of Carlisle and Carlisle Borough Sanitary Sewer Authority, Appellees. Borough of Carlisle and Carlisle Borough Sewer System Authority, Appellants, v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee.

Commonwealth Court of Pennsylvania.

December 27, 1974.

Attorney(s) appearing for the Case

Dennis J. Harnish, Special Assistant Attorney General, for Commonwealth.

William F. Martson, with him Martson and Snelbaker, for Borough of Carlisle.

John B. Fowler, III, with him Garber, Fowler & Addams, for Carlisle Borough Sanitary Sewer Authority.

Argued September 5, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, December 27, 1974:

This action involves an appeal by the Department of Environmental Resources (DER) and cross-appeals by the Borough of Carlisle and the Carlisle Borough Sewer System Authority (cross-appellants) from an adjudication of the Environmental Hearing Board (EHB) restricting new connections to the sewage system of the Borough of Carlisle.

As early as April of 1971 the DER had ordered the Carlisle Sewer Authority to upgrade...

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