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DER v. NEW ENTER. STONE & LIME CO., INC.

No. 1017 C.D. 1975.

25 Pa.Commw. 389 (1976)

Commonwealth of Pennsylvania, Department of Environmental Resources v. New Enterprise Stone & Lime Co., Inc., Appellant.

Commonwealth Court of Pennsylvania.

July 2, 1976.

Attorney(s) appearing for the Case

John J. Dirienzo, Jr., with him Joseph N. Cascio, and Fike, Cascio & Boose, P.A., for appellant.

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

Argued January 7, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, July 2, 1976:

This is an appeal by the New Enterprise Stone & Lime Company, Inc. (New Enterprise) from an adjudication of the Environmental Hearing Board (EHB), dated June 18, 1975.

On August 25, 1971, the Department of Environmental Resources (DER) ordered New Enterprise to install air pollution control devices by April 1, 1974 on its equipment located at a certain limestone...

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