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  5. 130 Pa.Commw. 344 (1990)
 

COM., DER v. BVER ENVIRONMENTAL, INC.

130 Pa.Commw. 344 (1990)

568 A.2d 298

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner, v. BVER ENVIRONMENTAL, INC., Respondent.

Commonwealth Court of Pennsylvania.

Decided January 3, 1990.

Attorney(s) appearing for the Case

Mary Young, Asst. Counsel, for petitioner.

Robert W. Thomson, with him, Maria Zulick, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, for respondent.

Before CRUMLISH, Jr., President Judge, COLINS, J., and BARBIERI, Senior Judge.

CRUMLISH, Jr., President Judge.

The Department of Environmental Resources (Department) appeals an Environmental Hearing Board order granting BVER Environmental, Inc.'s (BVER) motion for summary judgment, denying the Department's cross-motion for partial summary judgment and upholding BVER's appeal of civil penalties assessed for violations of the Solid Waste Management Act (Act).1

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