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T.R.A.S.H., LTD. v. COM., DER

132 Pa.Commw. 652 (1990)

574 A.2d 721

T.R.A.S.H., LTD. and Plymouth Township, Petitioners, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 20, 1990.

Attorney(s) appearing for the Case

Anthony J. Mazullo, Jr., with him, Herbert F. Rubenstein, Broad Axe, for petitioner, Plymouth Tp.

Jerome Balter, Philadelphia, Public Interest Law Center of Philadelphia, for petitioner, T.R.A.S.H. Ltd.

J. Robert Stoltzfus, Asst. Counsel, for respondent, Dept. of Environmental Resources.

Ronald S. Cusano, with him, George Basara, Polito & Smock, P.C., Pittsburgh, of counsel, Lois Reznick and Abbi Cohen, Dechert, Price & Rhoads, Philadelphia, for respondent, Dravo Energy Resources of Montgomery County, Inc.

Sheryl L. Auerbach, with her, Bruce W. Kauffman, Michael L. Krancer, and Richard E. Stabinski, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, for respondent, County of Montgomery.

Before CRAIG and COLINS, JJ., and SILVESTRI, Senior Judge.

CRAIG, Judge.

Plymouth Township and The Residents Against Solid Waste Hazards (TRASH) appeal an order of the Environmental Hearing Board (EHB) affirming a decision by the Department of Environmental Resources (DER) to issue a solid waste permit and an air quality plan approval (plan approval) to Dravo Energy Resources of Montgomery County, Inc. (Dravo) for the purpose of constructing a municipal waste incinerator in Plymouth Township.

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