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PINES AT WEST PENN, LLC v. DEP

No. 1109 C.D. 2010.

24 A.3d 1065 (2011)

The PINES AT WEST PENN, LLC, Petitioner v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 18, 2011.

Publication Ordered June 6, 2011.

Attorney(s) appearing for the Case

Daniel F. Schranghamer , Williamsport, for petitioner.

Joseph S. Cigan, III , Assistant Counsel, Wilkes-Barre, for respondent.

BEFORE: McGINLEY, Judge, and McCULLOUGH, Judge, and KELLEY, Senior Judge.

OPINION BY Judge McCULLOUGH.

The Pines at West Penn, LLC (Petitioner) petitions for review of the May 14, 2010, order of the Environmental Hearing Board (Board), upholding a civil penalty in the amount of $11,589.00 imposed by the Department of Environmental Protection (DEP) for repeated violations of the effluent limitations of Petitioner's National Pollutant Discharge Elimination System (NPDES) permit.1

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