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EMPIRE COAL MIN. & DEV. v. DER

154 Pa.Commw. 296 (1993)

623 A.2d 897

EMPIRE COAL MINING & DEVELOPMENT, INC., Petitioner, v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 18, 1993.

Petition For Allowance of Appeal Denied July 26, 1993.

Attorney(s) appearing for the Case

W. Boyd Hughes, for petitioner.

Kurt J. Weist, Asst. Counsel, for respondent.

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

COLINS, Judge.

Empire Coal Mining and Development, Inc. (Empire), appeals an order of the Environmental Hearing Board (EHB) which dismissed its appeal of an order issued by the Department of Environmental Resources (DER) directing the Mount Carmel Township Supervisors (Township) to close a landfill.

Empire operates a strip mine approximately 150 feet from the toe of the Mt. Carmel Sanitary Landfill (landfill) located in

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