134 Pa.Commw. 410 (1990)

579 A.2d 447

Louis J. COSTANZA et al., Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 14, 1990.

Attorney(s) appearing for the Case

Allan E. MacLeod, Pittsburgh, for petitioners.

Bruce M. Herschlag, Asst. Counsel, with him, Stephen Johnson, Asst. Counsel, Pittsburgh, for respondent.

Before CRAIG, President Judge, PALLADINO, J., and SILVESTRI, Senior Judge.


Louis J. Costanza d.b.a. Elephant Septic Tank Services, George Hapchuk d.b.a. Hapchuk Sanitation Co., and Jack B. Myers d.b.a. J.B. Myers Enterprise and Shipman Services, Inc. (Shipman) (collectively, Petitioners) filed a petition for declaratory and injunctive relief from the implementation of regulations by the Department of Environmental Resources (DER).1 DER filed preliminary objections two of which raise the issue...

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