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TIRE JOCKEY SERVICE v. DEPT. OF ENV. PRO.

836 A.2d 1026 (2003)

TIRE JOCKEY SERVICE, INC., Petitioner, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided October 31, 2003.

Reargument Denied December 29, 2003.

Attorney(s) appearing for the Case

Douglas Maloney, Langhorne, for petitioner.

William H. Blasberg, Conshohocken, for respondent.

BEFORE: FRIEDMAN, Judge, and LEAVITT, Judge, and MIRARCHI, JR., Senior Judge.

Reargument En Banc Denied December 29, 2003.

OPINION BY Judge FRIEDMAN.

Tire Jockey Service, Inc. (Tire Jockey) petitions for review of the December 23, 2002, order of the Environmental Hearing Board (EHB), which dismissed Tire Jockey's appeals from: (1) an order and civil penalty assessment which the Department of Environmental Protection (DEP) issued to Tire Jockey for operating a residual waste processing facility without a permit; and (2) DEP's denial...

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