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DER v. SOUTH MIDDLETON TWP. B. OF S. ET AL.

No. 55 C.D. 1981.

73 Pa.Commw. 142 (1983)

Commonwealth of Pennsylvania, Department of Environmental Resources, Petitioner v. South Middleton Township Board of Supervisors et al., Respondents.

Commonwealth Court of Pennsylvania.

March 28, 1983.

Attorney(s) appearing for the Case

Lynn Wright, Assistant Attorney General, for petitioner.

Robert R. Black, Landis & Black, for respondents.

Thomas L. Wenger, with him Thomas W. Bergen, Wix, Wenger & Weidner, for Amicus Curiae, Pennsylvania State Township Supervisors.

Argued February 2, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, WILLIAMS, JR. and DOYLE.

OPINION BY JUDGE ROGERS, March 28, 1983:

The Environmental Hearing Board (EHB), after a hearing, assessed a civil penalty in the amount of $2,000 against South Middleton Township, Cumberland County, for violating the terms of a permit issued by the Department of Environmental Resources (DER) for the removal of heavy underbrush from a creek. The EHB declined also to assess civil penalties against the township...

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