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LUCCHINO v. COM., DEPT. OF ENVIR. PROTECTION

744 A.2d 352 (2000)

George M. LUCCHINO, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 12, 2000.

Attorney(s) appearing for the Case

Thomas Alan Linzey, Shippensburg, for petitioner.

Martin H. Sokolow, Jr., Harrisburg, for respondent.

Before COLINS, J., KELLEY, J., and JIULIANTE, Senior Judge.

COLINS, Judge.

George M. Lucchino (Lucchino) appeals from an order of the Environmental Hearing Board (EHB) directing him to pay costs and attorney fees to a permittee, Luzerne Land Corporation (Luzerne), in the amount of $6,987.50, pursuant to Section 4(b) of the Surface Mining Conservation and Reclamation Act (SMCRA), Act of May 31, 1945, P.L. 1198, as amended, 52 P.S. § 1396.4(b),1 and Section 307(b) of The Clean Streams...

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