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FR & S, INC. v. DEPT. OF ENV. RESOURCES

132 Pa.Commw. 422 (1990)

573 A.2d 241

FR & S, INC., a Pennsylvania corporation, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. FR & S, INC., Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 15, 1990.

Reargument Denied May 1, 1990.

Attorney(s) appearing for the Case

William F. Fox, Jr., with him, Richard J. Tompkins, Fox, Differ, Callahan, Ulrich & O'Hara, Norristown, for petitioner.

Norman G. Matlock, Asst. Counsel, for respondent.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, COLINS, PALLADINO, McGINLEY and SMITH, JJ.

CRAIG, Judge.

FR & S, Inc., owner of a landfill in Berks County, has appealed a decision of the Environmental Hearing Board (EHB) issued July 14, 1989, which sustained an action of the Pennsylvania Department of Environmental Resources (DER) denying FR & S' application for a permit to operate the landfill under the Solid Waste Management Act.1

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