BUTLER TWP. BD. OF S. v. PennDER.

Nos. 3694 C.D. 1984 and 3678 C.D. 1984.

99 Pa.Commw. 239 (1986)

513 A.2d 508

Butler Township Board of Supervisors, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent. Borough of Ashland, Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

July 25, 1986.


Attorney(s) appearing for the Case

Michael Q. Davis, Campbell, Spitzer, Davis & Turgeon, for petitioner, Butler Township Board of Supervisors.

Joel R. Burcat, with him, Jan P. Paden, Rhoads & Sinon, for petitioner, Borough of Ashland.

James D. Morris, Assistant Counsel for respondent.

Paul Domalakes, with him, John Domalakes, Rubright, Domalakes, Troy & Miller, for intervenors, Frackville Area Municipal Authority (FAMA) and Borough of Frackville.

Argued September 9, 1985, before Judges CRAIG and DOYLE, and Senior Judge BLATT, sitting as a panel of three.


OPINION BY JUDGE BLATT, July 25, 1986:

The Borough of Ashland (Ashland) and the Board of Supervisors of Butler Township, Schuylkill County (Butler)1 appeal here a decision and order of the Environmental Hearing Board (Board)2 dismissing Butler's appeal from an order of the Department of Environmental Resources (DER) which requires Butler and several...

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