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SUMMERHILL BOROUGH v. DER.

No. 475 C.D. 1977.

34 Pa.Commw. 574 (1978)

Summerhill Borough, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

April 6, 1978.

Attorney(s) appearing for the Case

John W. Taylor, for petitioner.

Louis A. Naugle, Assistant Attorney General, for respondent.

Argued March 1, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DISALLE.

OPINION BY JUDGE ROGERS, April 6, 1978:

In 1968, the Sanitary Water Board of the Department of Health of Pennsylvania, the predecessor of the Department of Environmental Resources (DER), issued an order directing Summerhill Borough (Borough) to stop discharging raw sewage into the waters of Little Conemaugh River. In consequence, the Borough engaged a firm of professional engineers which prepared plans for the construction of a sewer system and treatment facility...

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