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COM., DEP v. CROMWELL TP., HUNTINGDON CTY.

No. 74 MAP 2009.

32 A.3d 639 (2011)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee v. CROMWELL TOWNSHIP, HUNTINGDON COUNTY, Appellant.

Supreme Court of Pennsylvania.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Lowell Rector Gates , Sarah Elaine McCarroll , Gates, Halbruner & Hatch, P.C., Clifton R. Guise , Gates, Halbruner, Hatch & Guise, P.C., Lemoyne, for Cromwell Township, Huntingdon County.

David Russell Getz , Wix, Wenger & Weidner, P.C., Harrisburg, for Appellant Amicus Curiae, PA State Association of Township Supervisors.

Martin R. Siegel , PA Department of Environmental Protection, Harrisburg, Susan P. Shinkman , Pittsburgh, Dennis A. Whitaker , Harrisburg, for Department of Environmental Protection.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN JJ.

OPINION

Justice ORIE MELVIN.

This is an appeal by Cromwell Township ("Township") from a July 8, 2009 Commonwealth Court order implementing a March 9, 2009 order sentencing Cromwell Township supervisors to three to six months imprisonment for contempt.

I.

The procedural history of this case is as follows. Section five of the Pennsylvania Sewage Facilities Act,1 35 P.S. § 750.5, requires municipalities...

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