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PLUMSTEAD TP. CIVIC ASS'N v. DER

142 Pa.Commw. 455 (1991)

597 A.2d 734

PLUMSTEAD TOWNSHIP CIVIC ASSOCIATION, Bruce A. Curtis and Alyce Curtis and John D. Trainer and Sandra T. Trainer, Petitioners, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 23, 1991.

Attorney(s) appearing for the Case

John A. VanLuvanee, for petitioners.

William Gerlach and John R. McKiastry, for respondent.

Before COLINS and BYER, JJ., and NARICK, Senior Judge.

BYER, Judge.

This case presents the question of whether subsection 315(i) of the Pennsylvania Clean Streams Law, Act of June 22, 1937, P.L.1987, as amended, 35 P.S. § 691.315(i), applies exclusively to coal mining operations or to both coal and noncoal mining operations.

A surface mine operator applied to the Department of Environmental Resources (DER) for a permit to mine argillite, a noncoal mineral, in Plumstead Township, Bucks County.

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