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STOYSTOWN WATER AUTH. v. DEP

729 A.2d 170 (1999)

STOYSTOWN BOROUGH WATER AUTHORITY, Petitioner, v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION and Solar Fuel Company, Inc., Respondents.

Commonwealth Court of Pennsylvania.

Decided April 26, 1999.

As Modified May 14, 1999.

Attorney(s) appearing for the Case

Robert P. Ging, Jr., Confluence, for petitioner.

Barbara J. Grabowski, Pittsburgh, for respondent.

Before DOYLE, J., LEADBETTER, J., and RODGERS, Senior Judge.

DOYLE, Judge.

Before this Court is an appeal by the Stoystown Borough Water Authority (Authority) from an order of the Environmental Hearing Board (Board) granting a motion for summary judgment filed by the Department of Environmental Protection (Department).

The essential facts in this case are not in dispute. The Department issued a deep mine coal mining activity permit to the Solar Fuel Company, Inc. (Solar Fuel) in 1990, and in 1997 issued a renewal of...

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