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FIORE v. PENNDER

No. 3642 C.D. 1984.

98 Pa.Commw. 35 (1986)

510 A.2d 880

William Fiore, t/d/b/a Municipal and Industrial Disposal Company, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

June 9, 1986.

Attorney(s) appearing for the Case

Lee R. Golden, with him, Robert P. Ging, Jr., for petitioner.

Dennis W. Strain, Assistant Counsel, for respondent.

Argued February 5, 1986, before President Judge CRUMLISH, JR. and Judges ROGERS, CRAIG, DOYLE, BARRY, COLINS, and PALLADINO.

OPINION BY JUDGE BARRY, June 9, 1986:

William Fiore, doing business as Municipal and Industrial Disposal Company (Fiore) appeals from a decision of the Environmental Hearing Board (EHB) which granted a motion to dismiss Fiore's appeal filed by the respondent, Department of Environmental Resources (DER). We must decide whether the EHB was correct in its conclusion that a Notice of Violation of the Pennsylvania Solid Waste Management Act (Act),1

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