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BETHLEHEM MINES CORP. v. DEPT. OF ENV. RES.

No. 835 C.D. 1973.

13 Pa.Commw. 213 (1974)

Bethlehem Mines Corporation, Appellant, v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee.

Commonwealth Court of Pennsylvania.

April 22, 1974.

Attorney(s) appearing for the Case

Henry McC. Ingram, with him Lawrence A. Demase, Philip C. Wolf and Rose, Schmidt and Dixon, for appellant.

Marvin A. Fein, Special Assistant Attorney General, for appellee.

Argued March 6, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, April 22, 1974:

The facts in this case are not in dispute. On March 21, 1972, the Department of Environmental Resources (DER) filed a complaint with the Environmental Hearing Board alleging that Bethlehem Mines Corporation had "willfully" permitted a discharge of coal fines from a settling pond into a nearby creek, thereby polluting the creek and violating provisions of The Clean...

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