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D. E. R. v. METZGER

No. 277 C.D. 1975.

22 Pa.Commw. 70 (1975)

Commonwealth of Pennsylvania, Department of Environmental Resources v. Carl L. Metzger, Appellant.

Commonwealth Court of Pennsylvania.

November 24, 1975.

Attorney(s) appearing for the Case

Richard H. Roesgen, with him McNerney, Page, Vanderlin & Hall, for appellant.

John P. Krill, Jr., Assistant Attorney General, with him Robert E. Yuhnke, Assistant Attorney General, for appellee.

Argued September 10, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, November 24, 1975:

On April 17, 1974 Carl L. Metzger filed an application with the Borough of Montoursville (Borough) for a permit to install a sewage disposal system pursuant to the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, as amended, 35 P.S. § 750.1 et seq. Both the Borough's sewage enforcement officer and the Borough Council disapproved the permit on the basis that the proposed system failed...

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